Updated Combo.pdf

Combined Synopsis/Solicitation

Department of the Air Force 48th Fighter Wing (USAFE)

Requirement Title:

Solicitation Number:

Solicitation Issue Date:

Response Deadline:

Point(s) of Contact:

MFH Appliances

FA558723Q00230001

Friday, 2 June 2023

Tuesday, 20 June 2023 no later than 14:00 GMT

A1C Rylan Stafford / rylan.stafford@us.af.mil

TSgt Yolanda Jackson /yolanda.jackson.7@us.af.mil

General Information

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 2023-02 Defense Federal Acquisition Regulation Public Notice 20230322 Air Force Federal Acquisition Circular 20230301

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 423620

Requirement Information

Description:

The U.S. Air Force has a requirement for the supply of various housing appliances. See Attachment - 0002 Product Specifications for all requirements.

Place of Delivery/Performance/Acceptance/FOB Point:

Delivery: F.O.B. Destination; RAF Feltwell, United Kingdom (exact customer address will be provided in the resulting contract).

Line Item Description Quantity Unit of Measure 0001 UK Fridge 220 Each 0002 US Cooking Range 100 Each 0003 UK Washer, Large 350 Each 0004 Dishwasher 125 Each 0005 Condenser Dryers 350 Each 0006 US Fridge 150 Each 0007 Transformers 500 Each

Instructions to Offerors

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:

48th Fighter Wing (USAFE)

Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

1. Quotes in response to this solicitation must be submitted no later than Tuesday, 20 June 2023 at 14:00 GMT. Quotes must be submitted via email to BOTH rylan.stafford@us.af.mil AND yolanda.jackson.7@us.af.mil.

2. All price quotations must be submitted on Attachment 0001 - Quote Sheet and it must be filled in entirely; all technical submissions must be submitted on a separate document for review against Attachment 0002 - Product Specifications.

3. All price quotations and technical submissions must be submitted on separate documents for review against Attachment 0002 - Specifications. 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. 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 Commercial and Government Entity (CAGE) number at time of submitting their offer.

4. Technical documentation submitted by the vendor shall be provided via email in a separate document, may not exceed 20 pages, and shall be submitted in a size 12 Times New Roman font. This page limit encompasses cover pages, contents, mission statements, and all other superfluous data not specifically requested by the Government. Failure to adhere to these standards may result in the vendor being deemed non-responsive, and subsequently being removed from consideration for award.

5. Questions shall be submitted by email to the personnel noted above. All questions are due no later than Wednesday, 14 June 2023, at

1300 GMT.

6. Late quotes shall be processed in accordance with FAR 52.212-1(f) - Late submissions, modifications, revisions, and withdrawals of offers.

Evaluation Criteria

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 intends to award a contract resulting from this solicitation to the responsible vendor whose offer conforming to the solicitation will be most advantageous to the Government, considering the factors listed in this provision.

B. Evaluation Factors: The following factors shall be used to evaluate quotes:

1. Price: At minimum; the vendor must provide pricing in accordance with the instructions outlined in 52.212-1. Price will be evaluated in accordance with FAR 13.106-2. The lowest price that satisfies the Government's need will be selected for award. Any quote submitted in a currency other than U.S. dollar (USD) will be converted to USD utilizing the exchange rate located at https:// comptroller.defense.gov/Financial-Management/Reports/fcfr/.

2. Technical Capability: A company's quotation will be considered technically acceptable if it meets the requirements in Attachment 0002 - Product Specifications. Quotations that do not meet these requirements will be considered unacceptable and therefore under the evaluation process will not be considered for award.

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

1609231765A Cross-Out

48th Fighter Wing (USAFE)

Attachments

Attachment 0001 - Quote Sheet Attachment 0002 - Product Specifications

Solicitation/Contract Form

MFH Appliances

FA558723Q00230001

Supplies or Services & Prices or Costs

Additional Information/Notes

Description/Specifications/Statement of Work

Requirements Household Appliances

Packaging and Marking

Inspection and Acceptance

Deliveries or Performance

Contractor Destination

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.247-7023 Transportation of Supplies by Sea. Jan 2023

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. Jan 2023

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

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

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

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

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

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

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

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

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

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

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

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

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

Protocol.

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

in WAWF for this contract or task or delivery order:

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

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

(ii) For fixed price line items-

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

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

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

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

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

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

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

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

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

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

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC ____

Issue By DoDAAC ____

Admin DoDAAC ____

Inspect By DoDAAC ____

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

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

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

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

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

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

(g) WAWF point of contact.

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

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

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

(End of clause)

Special Contract Requirements

DFARS Clauses Incorporated by Full Text

252.211-7003 Item Unique Identification and Valuation. Jan 2023

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

ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

(a) . As used in this clause- Definitions

"Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

"Concatenated unique item identifier" means-

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

"Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.

"Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

"DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at . https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html

"DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

" Enterprise " means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

" Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing agency.

"Government's unit acquisition cost" means-

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"Unique item identifier type" means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at .https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html

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

(c) Unique item identifier.

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

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

Contract Line, Subline, or

Exhibit Line Item Number Item Description

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

Contract Line, Subline, or

Exhibit Line Item Number Item Description

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

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

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

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

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

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

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

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

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

10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

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

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

(5) . Unique item identifier

(i) The Contractor shall-

(A) Determine whether to-

Serialize within the enterprise identifier; (1)

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

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

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

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

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

(ii) The issuing agency code-

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

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

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

(1) Unique item identifier.

(2) Unique item identifier type.

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

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

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

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

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

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

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

(10) Government's unit acquisition cost.

(11) Unit of measure.

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

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

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

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

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

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

(3) Unique item identifier type.**

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

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

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

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

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

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

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

(11) Description.

** Once per item.

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

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

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

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

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

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

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

(End of clause)

Contract Clauses

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards.

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

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

FAR Clauses Incorporated by Reference

Number Title Effective Date 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 52.223-5 Pollution Prevention and Right-to-Know Information. May 2011 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Nov 2021

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7015 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 252.225-7001 Buy American and Balance of Payments Program. Jan 2023 252.225-7002 Qualifying Country Sources as Subcontractors. Mar 2022 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States. Jun 2015 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. Jan 2023

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

Jan 2023

252.229-7008 Relief from Import Duty (United Kingdom). Dec 2011 252.232-7010 Levies on Contract Payments. Dec 2006 252.233-7001 Choice of Law (Overseas). Jun 1997 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Jan 2023 252.244-7001 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

FAR Clauses Incorporated by Full Text

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services. Dec 2022

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

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

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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

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

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other (2) Covered Entities (Section 1634 of Pub. L. 115-91).(NOV 2021)

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (3) (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

[ .]Contracting Officer check as appropriate

52.203-6, Restrictions on Subcontractor Sales to the Government with (41 U.S.C. 4704 and [ ] (1) (JUN 2020), Alternate I (NOV 2021) 10 U.

S.C. 4655).

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

52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. [ ] (3) (JUN 2010)

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

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S. [ ] (4) (JUN 2020)

C. 6101 note).

[Reserved]. [ ] (5)

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

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

Div. C).

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

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

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

[Reserved]. [ ] (10)

52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.C. 657a). [ ] (11) OCT 2022

52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( ) (if the offeror elects to waive [ ] (12) OCT 2022 the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[Reserved] [ ] (13)

[ ] (14) 52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(i) (NOV 2020)

Alternate I of 52.219-6. [ ] (ii) (MAR 2020)

[ ] (15) 52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(i) (NOV 2020)

Alternate I of 52.219-7. [ ] (ii) (MAR 2020)

52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)). [ ] (16) OCT 2022

[ ] (17) 52.219-9, Small Business Subcontracting Plan ( ) (15 U.S.C. 637(d)(4)).(i) OCT 2022

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

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

Alternate III of 52.219-9. [ ] (iv) (JUN 2020)

Alternate IV of 52.219-9. [ ] (v) (SEP 2021)

[ ] (18) 52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(i) (MAR 2020)

Alternate I of 52.219-13. [ ] (ii) (MAR 2020)

52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 637s). [ ] (19) OCT 2022

52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)). [ ] (20) (SEP 2021)

52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside ( ) (15 U.S.C. 657f). [ ] (21) OCT 2022

[ ] (22) 52.219-28, Post Award Small Business Program Rerepresentation ( ) (15 U.S.C. 632(a)(2)).(i) OCT 2022

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

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

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

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

Owned Small Business Program ( ) (15 U.S.C. 637(m)).OCT 2022

52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)). [ ] (25) (MAR 2020)

52.219-33, Nonmanufacturer Rule (15U.S.C. 637(a)(17)). [ ] (26) (SEP 2021)

52.222-3, Convict Labor (E.O.11755). [ ] (27) (JUN 2003)

52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O.13126). [ ] (28) (DEC 2022)

52.222-21, Prohibition of Segregated Facilities . [ ] (29) (APR 2015)

[ ] (30) 52.222-26, Equal Opportunity (E.O.11246).(i) (SEP 2016)

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

[ ] (31) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(i) (JUN 2020)

Alternate I of 52.222-35. [ ] (ii) (JUL 2014)

[ ] (32) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(i) (JUN 2020)

Alternate I of 52.222-36. [ ] (ii) (JUL 2014)

52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212). [ ] (33) JUN 2020

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). [ ] (34) (DEC 2010)

[ ] (35) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(i) (NOV 2021)

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

52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of [ ] (36) (MAY 2022) commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

[ ] (37) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(i)

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

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

52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). [ ] (38)

52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (E.O. 13693). [ ] (39) (JUN 2016)

[ ] (40) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (E.O.s 13423 and 13514).(i) (JUN 2014)

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

[ ] (41) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O.s 13423 and 13514).(i) (JUN 2014)

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

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

[ ] (43) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (E.O.s 13423 and 13514).(i) (OCT 2015)

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

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513). [ ] (44) (JUN 2020)

52.223-20, Aerosols (E.O. 13693). [ ] (45) (JUN 2016)

52.223-21, Foams (Jun2016) (E.O. 13693). [ ] (46)

[ ] (47) 52.224-3 Privacy Training (5 U.S.C. 552 a).(i) (JAN 2017)

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

[ ] (48) 52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(i) (OCT 2022)

Alternate I of 52.225-1. [ ] (ii) (OCT 2022)

[ ] (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.(DEC 2022)

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].

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

Alternate III of 52.225-3. [ ] (iv) ( 2021)JAN

Alternate IV (Oct 2022) of 52.225-3. [ ] (v)

52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note). [ ] (50) (DEC 2022) et seq

52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of [ ] (51) (FEB 2021)

Foreign Assets Control of the Department of the Treasury).

52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the [ ] (52)

National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [ ] (53)

52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150). [ ] (54)

52.229-12, Tax on Certain Foreign Procurements . [ ] (55) (FEB 2021)

52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41 U.S.C. 4505, [ ] (56) (NOV 2021) 10 U.

S.C. 3805).

52.232-30, Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, [ ] (57) (NOV 2021) 10 U.S.C. 3805).

52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332). [ ] (58) (OCT2018)

52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). [ ] (59)

52.232-36, Payment by Third Party (31 U.S.C. 3332). [ ] (60) (MAY 2014)

52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a). [ ] (61) (AUG 1996)

52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)). [ ] (62) (JAN 2017)

[ ] (63) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631).(i) (NOV 2021)

Alternate I of 52.247-64. [ ] (ii) (APR 2003)

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

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

[ ]Contracting Officer check as appropriate.

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

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

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

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

52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S. [ ] (4)

C. chapter 67).

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

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

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

52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 . [ ] (7) (JAN 2022)

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

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

. The Contractor shall comply with the provisions of this paragraph (d) if this contract was (d) Comptroller General Examination of Record awarded using other than sealed bid, is in excess of the simplified acquisition threshold, 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.

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

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

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

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

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

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

52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other (iii) Covered Entities (Section 1634 of Pub. L. 115-91).(NOV 2021)

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (iv) (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further (v) OCT 2022 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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631). (xxii) (NOV 2021) Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

Supplemental Clauses Incorporated by Full Text

5352.201-9101 USAFA Ombudsman Oct 2019

(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, Mr.

James Anderson, 8110 Industrial Drive, STE 103, USAFA, CO 80840, Telephone number 719-333-2074, FAX 719-333-9018, Email: james.anderson.72@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)

5352.223-9001 Health and Safety on Government Installations Oct 2019

(a) In performing work under this contract on a Government installation, the contractor shall:(1) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

(2) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.(b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health (AFOSH) Standards and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.

(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with…