FA527023Q0099 Combined Synopsis_DJI Phantom 4 Pro V2.0.pdf

Combined Synopsis/Solicitation

Requirement Title: DJI Phantom 4 PRO V2.0 Unmanned Aircraft Systems (UAS)/Drones

Solicitation Number: FA527023Q0099

Solicitation Issue Date: 25 September 2023

Response Deadline: Thursday, 28 September 2023 no later than 9:00 AM Japan Standard Time (JST)

Purchasing Office: FA5270 18 CONS PK

UNIT 5199, APO

APO, AP 96368-5199

UNITED STATE

Point(s) of Contact: Om Hamamoto/ om.hamamoto.jp@us.af.mil / 011-81-98-961-5837

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

2. This solicitation is being issued as a(n) Request For Quotation (RFQ).

3. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition

Circular 2023-05 , Defense Federal Regulation Public Notice 20230805 , and Department of the Air Force Federal

Acquisition Circular 2023-0707

4. Due to the overseas location of this requirement, no set-aside will be used in accordance with FAR 19.000(b).

The North American Industry Size Classification System (NAICS) code associated with this requirement is 336411.

Description:

The U.S. Air Force, 18th Contracting Squadron, Japan has a requirement for the DJI Phantom 4 PRO V2.0 Unmanned Aircraft

Systems (UAS)/Drones, to be delivered within 90 days after contract award.

Place of Delivery/Performance/Acceptance/FOB Point:

F.O.B. Destination: door-to-door delivery to Kadena Air Base, Okinawa, Japan (APO AP 96368). Exact customer address will be provided in the resulting contract.

Line Item Description Quantity Unit of Measure

0001AA DJI Phantom 4 PRO V2.0 Unmanned Aircraft Systems (UAS)/Drone 3 Each

0001AB (Option) DJI Phantom 4 PRO V2.0 Unmanned Aircraft Systems (UAS)/Drone 1 Each

0001AC (Option) DJI Phantom 4 PRO V2.0 Unmanned Aircraft Systems (UAS)/Drone 1 Each

Non-Priced Item Manufacturer’s warranty

Note: Vendor must be an authorized DJI reseller that can provide manufacturer’s warranty. Quoted prices must include shipping cost to Japan (APO AP). .

FAR provision 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. As prescribed in FAR 12.301(b)(1), the following addendum is provided for this solicitation and hereby amends any language therein:

b(2) Quotes in response to this solicitation must be submitted no later than 09:00 AM Japan Standard Time on Thursday 28

September 2023. Quotes must be submitted via email to the Points of Contact listed above.

b(4) Submit a Specs or a technical description of the items being offered in sufficient detail to evaluate compliance with the mailto:om.hamamoto.jp@us.af.mil requirement.

b(11) All price quotations must be submitted on Attachment 1 - Quote Sheet. This is a Firm-Fixed Price (FFP) requirement. A FFP contract provides for a price that is not subject to any adjustment on the basis of the contractor's cost experience in performing the contract. Each line item described in Attachment 1 shall be priced in this fashion. Failure to provide pricing on any one line item may result in the vendor being deemed non-responsive, and subsequently being removed from consideration for award. To be eligible for contract award, the vendor shall have an active System for Award Management (SAM) account. Failure to have an active SAM registration may result in the vendor being deemed ineligible for contract award. Vendor shall provide NATO Commercial and

Government Entity (NCAGE) number and company’s data at time of submitting Attachment 1 - Quote Sheet.

(c) By submitting a quote in response to this solicitation the vendor agrees to hold the prices provided in Attachment 1- Quote

Sheet firm for 30 calendar days from the date specified for receipt of quotes. A quote shall be in the U.S. dollar (USD) and including all shipping cost. For quoting purpose, the vendor shall quote based on door-to-door shipment to Kadena Air Base, Japan (APO AP 96368).

FAR Provision 52.212-2, Evaluation -- Commercial Items, applies to this acquisition. As prescribed in FAR 12.301(c), the following addendum is provided for this solicitation and hereby amends any language therein:

(a) Basis for Contract Award: The Government will award a contract resulting from this solicitation to the responsible oferor whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

1. In accordance with FAR 13.106-2, the Government will utilize comparative evaluations, and give preliminary consideration to all offers received in response to this solicitation. The Government will identify from all evaluated quotes, readily discernible value indicators that fall within the parameters of price, and technical capability. Therefore, the Government reserves the right to select an awardee that provides benefit to the Government that exceeds the minimum outlined standards, but is not obligated to do so.

Additionally, the Government is not bound to select an awardee whose quote may exceed the minimum requirement, but whose additional value or benefit is not deemed substantial enough by the Government evaluation team.

2. The Government award decision is not limited to the quote that only meets the minimum described in the technical factor and provides the lowest price. However, if no quotes received in response to the solicitation exceed the minimum criteria outlined in this provision, as determined by the Government evaluation team; then the Government intends to award a contract to the lowest priced offer than meets the instructions outlined in 52.212-1, and the minimum requirements outlined in this provision. Whose price can be determined both "fair and reasonable" and "realistic" by the Contracting Officer.

3. The Government intends to make an award without conducting exchanges with vendors after the close of the solicitation. Therefore, vendors should provide their best available pricing and technical quotes to the Government in their initial quote. However, the

Government reserves the right to enter into exchanges with all, some, or none of the offers at any time during the evaluation period if deemed in the best interests of the Government to do so.

The following factors shall be used to evaluate offers:

1. Price - at minimum; the vendor must provide pricing in accordance with the instructions outlined in 52.212-1. The vendor that provides the lowest price that can be determined both "fair and reasonable" and "realistic" by the Contracting Officer may be given additional consideration for awardee selection. However the Government is under no obligation to do so.

The Government will only evaluate prices submitted on Attachment 1 - Quote Sheet. During the evaluation process the Contracting

Officer will determine a "Total Evaluated Price" (TEP) for each responsive quote. The TEP is determined by totaling the amount of all line items identified in Attachment 1.

For the purposes of this evaluation, a price that is deemed too high while conducting the evaluation of the quote in accordance with

FAR 13.106-3 would not be considered "fair and reasonable".

For the purposes of this evaluation, a too low price that reflects a lack of understanding of the contract requirement, or displays an undue risk inherent in the vendors approach would not be considered "realistic".

2. Technical Capability of the item offered to meet the Government requirement.

(b) Options. The Government will evaluate offers for award purposes by adding the total for price for all options to the total price ofthe 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). The government reserves the right to award all, some, or none of the designed options at the time of award. After award the Government may require the item identified as an option item, at the price stated in CLIN structure. The Contracting Officer may exercise the option (s) within 30 days after date of award.

(c). A written notice of award, mailed or otherwise furnished to the successful vendor within the time for acceptance outlined in

52.212-1 shall result in a binding contract without further action by either party. Before the quotes specified expiration time, the

Government may accept a quote (or part of a quote), whether or not there are exchanges after its receipt, unless a written notice of withdrawal is received before award.

FAR provision 52.212-3, Offeror Representations and Certifications -- Commercial Items with alternate I applies to this acquisition;

the offeror verifies by submission of their offer that the representation and certifications currently posted electronically at FAR

52.212-3, Offeror Representations and Certifications -- Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation.

FAR clause 52.212-4, Contract Terms and Conditions -- Commercial Items applies to this acquisition.

DFARS Clauses Incorporated by Reference

252.247-7023 Transportation of Supplies by Sea. Jan 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018

252.232-7008 Assignment of Claims (Overseas). Jun 1997

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services. Jan 2023

252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023

252.225-7041 Correspondence in English. Jun 1997

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023

252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems. (DEVIATION 2020-O0015) May 2020

252.232-7010 Levies on Contract Payments. Dec 2006

252.233-7001 Choice of Law (Overseas). Jun 1997

252.244-7000 Subcontracts for Commercial Products or Commercial Services. Jan 2023

252.244-7001 Alternate I Contractor Purchasing System Administration. (Alternate I) May 2014

252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System. Jan 2023

252.246-7008 Sources of Electronic Parts. Jan 2023

252.203-7005 Representation Relating to Compensation of Former DoD Officials. Sep 2022

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation. May 2021

252.225-7055 Representation Regarding Business Operations with the Maduro Regime. May 2022

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region-Representation. Jun 2023

252.204-7024 Notice on the Use of the Supplier Performance Risk System. Mar 2023

252.225-7973 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems -Representation (DEVIATION 2020-

O0015) May 2020

FAR Clauses Incorporated by Reference

52.204-7 System for Award Management. Oct 2018

52.204-16 Commercial and Government Entity Code Reporting. Aug 2020

52.212-1 Instructions to Offerors-Commercial Products and Commercial Services. Mar 2023

52.204-13 System for Award Management Maintenance. Oct 2018

52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Dec 2022

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

As prescribed in 4.2105(a), insert the following provision:

REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered

Telecommunications Equipment or Services- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror

Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at

52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming,and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-

232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to-

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that-

(1) It will, will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that-

It does, does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)

(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)

(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment-

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services-

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph

(b)(2) of this provision.

(End of provision)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and

Commercial Services. Jun 2023

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

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

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JUN 2023)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of

Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV

2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C.

4704 and 10 U.S.C.

4655).

[X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509)).

[X] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010)

(Section 1553 of Pub. L. 111-

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

[X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (

31 U.S.C. 6101 note). [ ] (5) [Reserved].

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

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

[X] (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-

328).

[X] (9) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or

Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

[X] (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT

2018) (41 U.S.C. 2313). [ ] (11) [Reserved].

[ ] (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

[ ] (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (14) [Reserved]

[ ] (15) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020)

(15 U.S.C. 644). [ ] (ii) Alternate I (MAR 2020) of 52.219-6.

[ ] (16) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020)

(15 U.S.C. 644). [ ] (ii) Alternate I (MAR 2020) of 52.219-7.

[ ] (17) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C.

637(d)(2) and (3)). [ ] (18) (i) 52.219-9, Small Business Subcontracting Plan (OCT

2022) (15 U.S.C. 637(d)(4)).

[ ] (ii) Alternate I (NOV 2016) of 52.219-9.

[ ] (iii) Alternate II (NOV 2016) of 52.219-9. [ ] (iv) Alternate III

(JUN 2020) of 52.219-9. [ ] (v)

Alternate IV (SEP 2021) of

52.219-9.

[ ] (19) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15

U.S.C. 644(r)). [ ] (ii) Alternate I (MAR 2020) of 52.219-13.

[ ] (20) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s).

[ ] (21) 52.219-16, Liquidated Damages-Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

[ ] (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT

2022) (15 U.S.C. 657f). [ ] (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation

(MAR 2023)(15 U.S.C. 632(a)(2)).

[ ] (ii) Alternate I (MAR 2020) of 52.219-28.

[ ] (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small

Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

[ ] (25) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

[ ] (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020)

(15 U.S.C. 644(r)). [ ] (27) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15U.S.C.

637(a)(17)).

[X] (28) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

[X] (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC 2022) (E.O.13126).

[X] (30) 52.222-21, Prohibition of Segregated

Facilities (APR 2015). [ ] (31) (i) 52.222-26, Equal

Opportunity (SEP 2016) (E.O.11246).

[ ] (ii) Alternate I (FEB 1999) of 52.222-26.

[ ] (32) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020)

(38 U.S.C. 4212). [ ] (ii) Alternate I (JUL 2014) of 52.222-35.

[ ] (33) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020)

(29 U.S.C. 793). [ ] (ii) Alternate I (JUL 2014) of 52.222-36.

[ ] (34) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

[ ] (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

[X] (36) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

[ ] (37) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[ ] (38) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42

U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

[X] (39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.

13693).

[X] (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN

2016) (E.O. 13693). [ ] (41) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014)

(E.O.s 13423 and 13514).

[ ] (ii) Alternate I (OCT 2015) of 52.223-13.

[ ] (42) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s

13423 and 13514). [ ] (ii) Alternate I (Jun2014) of 52.223-14.

[ ] (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

[ ] (44) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s

13423 and 13514). [ ] (ii) Alternate I (JUN 2014) of 52.223-16.

[X] (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

[] (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

[] (47) 52.223-21, Foams (Jun2016) (E.O. 13693).

[ ] (48) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

[ ] (ii) Alternate I (JAN 2017) of 52.224-3.

[ ] (49) (i) 52.225-1, Buy American-Supplies (OCT 2022) (41

U.S.C. chapter 83). [ ] (ii) Alternate I (OCT 2022) of 52.225-1.

[X ] (50) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C.

2112 note, 19 U.S.C.

3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-

169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[ ] (ii) Alternate I [Reserved].

[ ] (iii) Alternate II (DEC 2022) of 52.225-3. [ ] (iv) Alternate III

(JAN 2021) of 52.225-3. [ ] (v)

Alternate IV (Oct 2022) of

52.225-3.

[X] (51) 52.225-5, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[X] (53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

[X] (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[X] (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

[X] (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

[X] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41

U.S.C. 4505, 10 U.S.C. 3805).

[X] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10

U.S.C. 3805).

[X] (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332).

[ ] (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul

2013) (31 U.S.C. 3332). [ ] (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

[X] (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

[ ] (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(13)).

[X] (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). [ ] (ii) Alternate I (APR 2003) of 52.247-64.

[ ] (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or

Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

[ ] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

[ ] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and

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

[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (

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

[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

[ ] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-

Requirements (MAY 2014) (41 U.S.C. chapter 67).

[ ] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022). [ ] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706

(JAN 2022) (E.O. 13706).

[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

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

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of

Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and

Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV

2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

(vi) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

(ix) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

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

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

(xiv) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O 13627).

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

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

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

Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvii) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

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

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

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10

U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10

U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

52.217-7 Option for Increased Quantity-Separately Priced Line Item. Mar 1989

As prescribed in 17.208(e), insert a clause substantially the same as the following:

OPTION FOR INCREASED QUANTITY-SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days after date of award. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

52.252-1, Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far

(End of Provision)

52.252-2, Clauses Incorporated by Reference (Feb 1998)

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

https://www.acquisition.gov/browse/index/far

(End of Clause)

252.232-7006 Wide Area WorkFlow Payment Instructions. Jan 2023

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) 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 http://www.acquisition.gov/browse/index/far http://www.acquisition.gov/browse/index/far 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.

Combo

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

N/A

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

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

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

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

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

(3) 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.

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC F87700

Issue By DoDAAC FA5270

Admin DoDAAC FA5270

Inspect By DoDAAC F2H3G3

(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.

18CONS.WAWF@us.af.mil

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

Attachment 1 - Quote Sheet mailto:18CONS.WAWF@us.af.mil