FA821723R5000_draft_29AUG2022.pdf

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Attached to
Power Conditioning and Continuation Interfacing Equipment Maintenance RFI Federal contract opportunity
Solicitation number
FA821723R5000
Issued by
Department of the Air Force Materiel Command Lifecycle Management Center Hill Air Force Base

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AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 JY

1. REQUISITION NUMBER Page 1

5. SOLICITATION NUMBER

FA8217-23-R-5000

6. SOLICITATION ISSUE DATE

b. TELEPHONE NUMBER (No collect calls)

(801 ) 586 -8042 ext.

2. CONTRACT NO.

7. FOR SOLICITATION

INFORMATION CALL

3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

a. NAME

Chandell Noorlander

8. OFFER DUE DATE/LOCAL

TIME

4:00PM

12. DISCOUNT TERMS11. DELIVERY FOR FOB DEST.

UNLESS BLOCK IS MARKED

SEE SCHEDULE

10. THIS ACQUISITION IS UNRESTRICTED SET ASIDE: % FOR:

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

HUBZONE SMALL (WOSB)ELIGIBLE UNDER THE WOMEN-OWNED

BUSINESS SMALL BUSINESS PROGRAM

NAICS CODE:

SERVICE-DISABLED EDWOSB 811310

VETERAN-OWNED SIZE STANDARD

SMALL BUSINESS 8 (A) $11.00 :

13a. THIS CONTRACT IS A

RATED ORDER

UNDER DPAS

(15 CFR 700)

13b. RATING

DO: A7 52.211-14, 52.211-15

14. METHOD OF SOLICITATION

RFQ IFB RFP

9. ISSUED BY CODE

DEPARTMENT OF THE AIR FORCE, DIRECTORATE OF CONTRACTING

AFLCMC/HBZK

6039 WARDLEIGH RD BLDG 1206

HILL AIR FORCE BASE UT 84056-5838

BUYER: Chandell Noorlander/AFLCMC chandell.noorlander@us.af.mil Phone: (801) 586- 8042

15. DELIVER TO CODE

SEE LINE ITEM SCHEDULE

16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR FACILITY

CODE CODE

18a. PAYMENT WILL BE MADE BY CODE

(SEE ESP CLAUSE 252.232-7003.)

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS

CHECKED. SEE ELECTRONIC SUBMISSION OF PAYMENT REQUESTS, CLAUSE 252.232-7003.

FA8217

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

ROUTINE

Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for days.

DRAFT RFP

SEE LINE ITEM SCHEDULE

(Attach Additional Sheets as Necessary)

26. AWARD AMOUNT (For Gov’t use only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN COPIES TO ISSUING

OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. OFFER DATED - - . YOUR OFFER ON

SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

X

X

X X

X

25. ACCOUNTING AND APPROPRIATION DATA SEE FUNDS SCHEDULE

X

SCD:C

EFT:T

Total

STANDARD FORM 1449 (REV. 2/2012) BACK

COMPUTER GENERATED 8/29/2022, 10:39 AM

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOV’T REPRESENTATIVE

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

32c. DATE

41c. DATE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER36. PAYMENT

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE LINE ITEM SCHEDULE

(Attach Additional Sheets as Necessary)

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

FA8217-23-R-5000

SUPPLIES OR SERVICES AND PRICES/COSTS

THIS REQUIREMENT WILL ESTABLISH A SINGLE AWARD INDEFINITE DELIVERY INDEFINITE (IDIQ)

QUANTITY CONTRACT.

THE IDIQ CONTRACT MINIMUM ORDER QUANITY IS $500.00 AND THE ESTIMATED MAXIMUM IS

$250,000,000.00.

ORDERING PERIOD FROM 15-APR-2024 THROUGH 14-APR-2029

FIVE YEAR OPTION ORDERING PERIOD FROM 15-APR-2029 THROUGH 14-APR-2034

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.

UPS Emergency Maintenance

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

CLIN ACRN ACRN Total

0001 AA

Maint & Repair of Eq/Power Distribution Equipment UPS Emergency Maintenance

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

I FA8217 DESTINATION

Place of Perf Quantity (U/I) To be cited on individual orders issued hereunder

_ Req No / Pri

Required Period of Performance

I FA8217 1 LO TBC

Proposed Period of Performance

I FA8217 1 LO

ORDERING PERIOD FROM 15 APR 2024 THROUGH 14 APR 2029

FOB DESTINATION

DESTINATION ACCEPTANCE WILL BE FA8217

UPS Preventative Maintenance

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

CLIN ACRN ACRN Total

0002 AA

Maint & Repair of Eq/Power Distribution Equipment UPS Preventative Maintenance

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) To be cited on individual orders issued hereunder

_ Req No / Pri

Required Period of Performance

I FA8217 1 LO TBC

Proposed Period of Performance

I FA8217 1 LO

ORDERING PERIOD FROM 15 APR 2024 THROUGH 14 APR 2029

FOB DESTINATION

DESTINATION ACCEPTANCE WILL BE FA8217

Battery Preventative Maintenance

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

CLIN ACRN ACRN Total

Battery Preventative Maintenance

0003 AA

Maint & Repair of Eq/Power Distribution Equipment Battery Preventative Maintenance

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) To be cited on individual orders issued hereunder

_ Req No / Pri

Required Period of Performance

I FA8217 1 LO TBC

Proposed Period of Performance

I FA8217 1 LO

ORDERING PERIOD FROM 15 APR 2024 THROUGH 14 APR 2029

FOB DESTINATION

DESTINATION ACCEPTANCE WILL BE FA8217

Ancillary Equipment Preventative Maintenance

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

CLIN ACRN ACRN Total

0004 AA

Maint & Repair of Eq/Power Distribution Equipment Ancillary Equipment Preventative Maintenance. In accordance with the PWS based on selected maintenance plan and attached pricing table for each fiscal year.

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection

Ancillary Equipment Preventative Maintenance

Place of Perf Quantity (U/I) To be cited on individual orders issued hereunder

_ Req No / Pri

Required Period of Performance

I FA8217 1 LO TBC

Proposed Period of Performance

I FA8217 1 LO

ORDERING PERIOD FROM 15 APR 2024 THROUGH 14 APR 2029

FOB DESTINATION

DESTINATION ACCEPTANCE WILL BE FA8217

UPS System Diagnostic Service

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

CLIN ACRN ACRN Total

0005 AA

Maint & Repair of Eq/Power Distribution Equipment UPS System Diagnostic Service. In accordance with the PWS and based on selected maintenance plan and attached pricing tables for each fiscal year.

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) To be cited on individual orders issued hereunder

_ Req No / Pri

Required Period of Performance

I FA8217 1 LO TBC

Proposed Period of Performance

I FA8217 1 LO

ORDERING PERIOD FROM 15 APR 2024 THROUGH 14 APR 2029

FOB DESTINATION

DESTINATION ACCEPTANCE WILL BE FA8217

UPS System Repair and Maintenance Actions

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

CLIN ACRN ACRN Total

0006 AA

Maint & Repair of Eq/Power Distribution Equipment UPS System Repair and Maintenance Actions. In accordance with the PWS and based on selected maintenance plan and attached pricing tables for each fiscal year.

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) To be cited on individual orders issued hereunder

_ Req No / Pri

Required Period of Performance

I FA8217 1 LO TBC

Proposed Period of Performance

I FA8217 1 LO

ORDERING PERIOD FROM 15 APR 2024 THROUGH 14 APR 2029

FOB DESTINATION

DESTINATION ACCEPTANCE WILL BE FA8217

Overseas and Certain OCONUS Travel

Item No.

Time & Material Estimated Quantity

U/I Estimated Amount Ceiling Price

Overseas and Certain OCONUS Travel

1 LO

CLIN ACRN ACRN Total

0007 AA

Maint & Repair of Eq/Power Distribution Equipment Overseas and certain OCONUS travel in support of CLINS 0001, 0002, 0003, 0004, 0005. and 0006. In accordance with PWS based on selected maintenance plan and attached pricing for each fiscal year.

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) To be cited on individual orders issued hereunder

_ Req No / Pri

Required Period of Performance

I FA8217 1 LO TBC

Proposed Period of Performance

I FA8217 1 LO

ORDERING PERIOD FROM 15 APR 2024 THROUGH 14 APR 2029

FOB DESTINATION

DESTINATION ACCEPTANCE WILL BE FA8217

Contract Data Requirements List (CDRLs)

Item No.

Not Separately Priced Quantity U/I Unit Price

1 LO NSP

DATA

DATA IAW DD 1423-1 (Exhibit A) attached hereto.

The CDRLs required for this effort include: A006, A008, A011, A012, A013, A015, A016, A017, A018, A019, A021, A022, A023, A024.

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Exhibit: A Quality Assurance: IAW 1423

Contract Data Requirements List (CDRLs)

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

B 1423 DESTINATION

Type / Ship To Quantity (U/I) To be cited on individual orders issued hereunder

_ Req No / Pri

Required Delivery

B 1423 1 LO TBC

Proposed Delivery

B 1423 1 LO

REQUIRED DELIVERY WILL BE IAW 1423

ORDERING PERIOD FROM 15 APR 2024 THROUGH 14 APR 2029

Option for UPS Emergency Maintenance

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

CLIN ACRN ACRN Total

5001 AA

Maint & Repair of Eq/Power Distribution Equipment UPS Emergency Maintenance

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

I FA8217 DESTINATION

Place of Perf Quantity (U/I) To be cited on individual orders issued hereunder

_ Req No / Pri

Required Period of Performance

I FA8217 1 LO TBC

Option for UPS Emergency Maintenance

Proposed Period of Performance

I FA8217 1 LO

ORDERING PERIOD FROM 15 APR 2029 THROUGH 14 APR 2034

FOB DESTINATION

DESTINATION ACCEPTANCE WILL BE FA8217

Option for UPS Preventative Maintenance

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

CLIN ACRN ACRN Total

5002 AA

Maint & Repair of Eq/Power Distribution Equipment UPS Preventative Maintenance

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) To be cited on individual orders issued hereunder

_ Req No / Pri

Required Period of Performance

I FA8217 1 LO TBC

Proposed Period of Performance

I FA8217 1 LO

ORDERING PERIOD FROM 15 APR 2029 THROUGH 14 APR 2034

FOB DESTINATION

DESTINATION ACCEPTANCE WILL BE FA8217

Option for Battery Preventative Maintenance

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

CLIN ACRN ACRN Total

5003 AA

Maint & Repair of Eq/Power Distribution Equipment Battery Preventative Maintenance

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) To be cited on individual orders issued hereunder

_ Req No / Pri

Required Period of Performance

I FA8217 1 LO TBC

Proposed Period of Performance

I FA8217 1 LO

ORDERING PERIOD FROM 15 APR 2029 THROUGH 14 APR 2034

FOB DESTINATION

DESTINATION ACCEPTANCE WILL BE FA8217

Option for Ancillary Equipment Preventative Maintenance

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

CLIN ACRN ACRN Total

5004 AA

Maint & Repair of Eq/Power Distribution Equipment Ancillary Equipment Preventative Maintenance. In accordance with the PWS based on selected maintenance plan and attached pricing table for each fiscal year.

Option for Ancillary Equipment Preventative Maintenance

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) To be cited on individual orders issued hereunder

_ Req No / Pri

Required Period of Performance

I FA8217 1 LO TBC

Proposed Period of Performance

I FA8217 1 LO

ORDERING PERIOD FROM 15 APR 2029 THROUGH 14 APR 2034

FOB DESTINATION

DESTINATION ACCEPTANCE WILL BE FA8217

Option for UPS System Diagnostic Service

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

CLIN ACRN ACRN Total

5005 AA

Maint & Repair of Eq/Power Distribution Equipment UPS System Diagnostic Service. In accordance with the PWS and based on selected maintenance plan and attached pricing tables for each fiscal year.

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) To be cited on individual orders issued hereunder

_ Req No / Pri

Required Period of Performance

Option for UPS System Diagnostic Service

I FA8217 1 LO TBC

Proposed Period of Performance

I FA8217 1 LO

ORDERING PERIOD FROM 15 APR 2029 THROUGH 14 APR 2034

FOB DESTINATION

DESTINATION ACCEPTANCE WILL BE FA8217

Option for UPS System Repair and Maintenance Actions

Item No.

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

CLIN ACRN ACRN Total

5006 AA

Maint & Repair of Eq/Power Distribution Equipment UPS System Repair and Maintenance Actions. In accordance with the PWS and based on selected maintenance plan and attached pricing tables for each fiscal year.

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) To be cited on individual orders issued hereunder

_ Req No / Pri

Required Period of Performance

I FA8217 1 LO TBC

Proposed Period of Performance

I FA8217 1 LO

ORDERING PERIOD FROM 15 APR 2029 THROUGH 14 APR 2034

FOB DESTINATION

DESTINATION ACCEPTANCE WILL BE FA8217

Option for Overseas and Certain OCONUS Travel

Item No.

Time & Material Estimated Quantity

U/I Estimated Amount Ceiling Price

1 LO

CLIN ACRN ACRN Total

5007 AA

Maint & Repair of Eq/Power Distribution Equipment Overseas and certain OCONUS travel in support of CLINS 0001, 0002, 0003, 0004, 0005. and 0006. In accordance with PWS based on selected maintenance plan and attached pricing for each fiscal year.

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection Place of Perf Quantity (U/I) To be cited on individual orders issued hereunder

_ Req No / Pri

Required Period of Performance

I FA8217 1 LO TBC

Proposed Period of Performance

I FA8217 1 LO

ORDERING PERIOD FROM 15 APR 2029 THROUGH 14 APR 2034

FOB DESTINATION

DESTINATION ACCEPTANCE WILL BE FA8217

Option for Contract Data Requirements List (CDRLs)

Item No.

Not Separately Priced Quantity U/I Unit Price

1 LO NSP

DATA

DATA IAW DD 1423-1 (Exhibit A) attached hereto.

The CDRLs required for this effort include: A006, A008, A011, A012, A013, A015, A016, A017, A018, A019, A021, A022, A023, A024.

Option for Contract Data Requirements List (CDRLs)

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Exhibit: A Quality Assurance: IAW 1423

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

B 1423 DESTINATION

Type / Ship To Quantity (U/I) To be cited on individual orders issued hereunder

_ Req No / Pri

Required Delivery

B 1423 1 LO TBC

Proposed Delivery

B 1423 1 LO

REQUIRED DELIVERY WILL BE IAW 1423

ORDERING PERIOD FROM 15 APR 2029 THROUGH 14 APR 2034

SHIP TO / PLACE OF PERFORMANCE

TYPE/CODE: B 1423

IAW DD FORM 1423

MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)

AWARD NUMBER:

TYPE/CODE: I FA8217

DEPARTMENT OF THE AIR FORCE

DIRECTORATE OF CONTRACTING

AFLCMC PZZK

6039 WARDLEIGH RD BLDG 1206

HILL AIR FORCE BASE UT 84056-5838

UNITED STATES

MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)

AWARD NUMBER:

CONTRACT CLAUSES

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) (IAW DFARS 203.171-4(a), DFARS 212.301(f)(ii))

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019)

(IAW DFARS 203.1004(a), DFARS 212.301(f)(iii))

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2021)

(IAW DFARS 204.2105(c))

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS

(DEC 1991)

(IAW DFARS 205.470, DFARS 212.301(f)(x))

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

(MAY 2022)

(IAW FAR 12.301(b)(4))

(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 89(a)(1)(A) of Pub. L. 115-232).

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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. 2402).

__X __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41

U.S.C. 3509).

__ __ (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).

__X __ (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) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (NOV

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

__X __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters (Oct 2018) (41 U.S.C. 2313).

____ (10) [Reserved} __ __ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021)(15

U.S.C. 657a).

__ __ (11) (ii) Alternate I (MAR 2020) of 52.219-3.

__X __ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

__ _ (12) (ii) Alternate I (MAR 2020) of 52.219-4.

(13) [Reserved]

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

644).

__ __ (14) (ii) Alternate I (MAR 2020) OF 52.219-6.

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

644).

__ __ (15) (ii) Alternate I (MAR 2020) of 52.219-7.

__X __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

637(d)(2) and (3)).

X (17) (i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C.

637(d)(4)).

__ __ (17) (ii) Alternate I (Nov 2016) of 52.219-9.

__ __ (17) (iii) Alternate II (Nov 2016) of 52.219-9.

__ __ (17) (iv) Alternate III (JUN 2020) of 52.219-9.

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

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

__ (18) (ii) Alternate I (MAR 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (SEP 2021)(15 U.S.C. 657s).

__X __ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

__ __ (21) 52.219–27, Notice of Service-Disabled Veteran-Owned Small Business

Set-Aside (SEP 2021) (15 U.S.C. 657f).

__X __ (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP

2021) (15 U.S.C. 632(a)(2)).

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

__ __ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

__ __ (24) 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 (SEP 2021) (15 U.S.C. 637(m)).

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

(26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

__X __ (27) 52.222-3, Convict Labor (June 2003)(E.O. 11755).

__ __ (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2022)

(E.O. 13126).

__X __ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__X __ (30) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246

(30) (ii) Alternate I (Feb 1999) of 52.222-26.

__X __ (31) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020)(38 U.S.C.

4212).

(31) (ii) Alternate I (July 2014) of 52.222-35.

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

(32) (ii) Alternate I (July 2014) of 52.222-36.

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

__X __ (34) 52.222-40, Notification of Employee Rights Under the National Labor relations

Act (Dec 2010) E.O. 13496).

__X __ (35) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter

78 and E.O. 13627).

__ __ (35) (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ __ (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 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.)

__ __ (37) (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.)

__ _ (37) (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.)

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

__ __ (39) 52.223-12, Maintenance, Service, repair, or Disposal of Refrigeration Equipment and Air Conditioners (June 2016) (E.O.13693).

__ _ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ _ (40) (ii) Alternate I (Oct 2015) of 52.223-13.

__ _ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s

13423 and 13514).

__ _ (41) (ii) Alternate I (Jun 2014) of 52.223-14.

__ __ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020)

(42.U.S.C. 8259b).

__ __ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products

(Oct 2015) (E.O.s 13423 and 13514).

__ _ (43) (ii) Alternate I (Oct 2015) of 52.223-16.

__X __ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving (JUN 2020) (E.O.13513).

__X __ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) __ __ (46) 52.223-21, Foams (Jun 2016) (E.O. 13693).

__X __ (47) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (47) (ii) Alternate I, (Jan 2017) of 52.244-3.

__X __ (48) 52.225-1, Buy American--Supplies (NOV 2021) (41 U.S.C. chapter 83).

__ __ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV

2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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).

__ _ (49) (ii) Alternate I (JAN 2021) of 52.225-3.

__ _ (49) (iii) Alternate II (JAN 2021) of 52.225-3.

__ _ (49) (iv) Alternate III (JAN 2021) of 52.225-3.

__ __ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

__ X __ (51) 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 Treasury).

__ __ (52) 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. 2302 Note).

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

5150).

__ __ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150).

__X __ (55) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

__ __ (56) 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. 2307(f)).

__ __ (57) 52.232-30, Installment Payments for Commercial Products and Commercial

Services (NOV 2021)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__X __ (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award

Management (Oct 2018) (31.U.S.C. 3332).

__ __ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for

Award Management (Jul 2013)(31.U.S.C. 3332).

__X __ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ __ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__X __ (62) 52.242-5, Payment to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

__ __ (63) (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).

__ _ (63) (ii) Alternate I (Apr 2003) of 52.247-64.

(63) (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.] __X __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__X __ (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).

__ X __ (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).

__X __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (May 2014) (29 U.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).

__X __ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026

(JAN 2022).

__X __ (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 paragraphs (e)(1) of this paragraph 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) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

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

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

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

(xi) 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.

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

(xiii) X (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 E.O. 13627).

(xiv) 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.)

(xv) 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)

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

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

(JAN 2022).

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

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

(xx) 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. 2302 Note).

(xxi) 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.

(xxii)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.

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DoD CONTRACTS) (DEC 2019) (IAW DFARS 219.708(b)(1)(A), DFARS 219.708(b)(1)(A)(1))

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DoD CONTRACTS)--ALTERNATE I

(DEC 2019)

(IAW DFARS 219.708(b)(1)(A)(2), DFARS 219.708(b)(1)(A)(1))

252.219-7004 SMALL BUSINESS SUBCONTRACTING PLAN (TEST PROGRAM) (MAY 2019)

(IAW DFARS 219.708(b)(1)(B))

252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)

(IAW DFARS 223.7306, DFARS 212.301(f)(xxi))

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR 2022)

(IAW DFARS 225.7002-3(a))

252.225-7972 PROHIBITION ON THE PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT

SYSTEMS (DEVIATION 2020-O0015) (MAY 2020)

(IAW Deviation 2020-O0015)

(Applicable in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, unless—

(a) The acquisition is for—

(1) Counter-unmanned aircraft system surrogate testing and training; or

(2) Intelligence, electronic warfare, and information warfare operations, texting, analysis, and training; or

(b) A waiver has been granted by the Secretary of Defense in accordance with section 848 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92).)

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS

(APR 2019)

(IAW DFARS 226.104)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(DEC 2018)

(IAW DFARS 232.7004(a))

(a) Definitions. As used in this clause—

(1) “Contract financing payment” and “invoice payment” have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) “Electronic form” means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) “Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/ .

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when—

(1) The Contracting Officer authorizes use of another electronic form. With such an authorization, the Contractor and the Contracting Officer shall agree to a plan, which shall include a timeline, specifying when the Contractor will transfer to WAWF;

(2) DoD is unable to receive a payment request or provide acceptance in electronic form;

(3) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer’s determination with each request for payment; or

(4) DoD makes a payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System).

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

(IAW DFARS 232.7102)

(Applicable to all solicitations and contracts over the micro-purchase threshold issued hereunder)

252.232-7017 ACCELERATING PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS -

PROHIBITION ON FEES AND CONSIDERATION (APR 2020)

(IAW DFARS 232.009-2)

(Applicable in solicitations and contracts, including those using FAR part 12 procedures for the acquisition of commercial items, that include the clause at FAR 52.232–40, Providing Accelerated Payments to Small Business Subcontractors.)

252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR

PERSONNEL (JUN 2013)

(IAW DFARS 237.173-5)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

(IAW DFARS 243.205-71)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS

(DOD CONTRACTS) (JAN 2021)

(IAW DFARS 244.403)

(Applicable to solicitations and contracts for commercial items)

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA--BASIC (FEB 2019)

(IAW DFARS 247.574(b))

ADDENDUM TO CLAUSE 52.212-4

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(IAW DFARS 201.602-70)

(Applicable to all orders issued hereunder)

5352.201-9101 OMBUDSMAN (OCT 2019)

(IAW AFFARS 5301.9103)

(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Melinda M. Schmidt at 801 777 -6549 , FAX 000 000 -0000 , email melinda.schmidt@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.

52.203-3 GRATUITIES (APR 1984)

(IAW FAR 3.202)

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(SEP 2013)

(IAW DFARS 203.970)

(Applicable to all solicitations and contracts)

(Applicable to solicitations and contracts when FAR 52.203-13 is included)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

(IAW FAR 4.1105(b))

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

(IAW FAR 4.1804(c), FAR 12.301(d)) (Applicable when there is a requirement to be registered in SAM or to have a DUNS Number)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

(IAW FAR 4.1202(b))

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(NOV 2021)

(IAW FAR 4.1903)

(Applicable to all solicitations and contracts, except COTs, when a contractor’s system may contain Federal contract information)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED

ENTITIES (NOV 2021)

(IAW FAR 4.2004)

(Applicable in all contracts and solicitations)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND

VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

(IAW 4.2105(b))

252.204-7002 PAYMENT FOR SUBLINE ITEMS NOT SEPARATELY PRICED (APR 2020)

(IAW DFARS 204.7109(a)) (Applicable to all not separately priced subline items)

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

(IAW DFARS 204.7109(b))

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (DEC 2019)

(IAW DFARS 204.7304(c))

(Applicable to all solicitations and contracts, including commercial except when solely for commercial-off-the-shelf items)

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION

SUPPORT (MAY 2016)

(IAW DFARS 204.7403(b), DFARS 212.301(f)(i)(F))

(Applicable to solicitations and contracts that involve litigation support services when 252.204-7014 is not included)

252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (MAR 2022)

(IAW DFARS 204.7304(e))

(Applicable in all solicitations and contracts, task orders, or delivery orders, including those using FAR part 12 procedures for the acquisition of commercial items, except for those that are solely for the acquisition of COTS items)

252.204-7022 EXPEDITING CONTRACT CLOSEOUT (MAY 2021)

(IAW DFARS 204.804-70)

(Applicable in solicitations and contracts when the contracting officer intends to expedite contract closeout through the mutual waiver of entitlement to a residual dollar amount of $1,000 or less determined at the time of contract closeout)

5352.209-9000 ORGANIZATIONAL CONFLICT OF INTEREST (OCT 2019)

(IAW AFFARS 5309.507-2)

52.211-8 TIME OF DELIVERY (JUN 1997)

(IAW FAR 11.404(a)(2)) DELIVERY FOR EACH ITEM IS ANNOTATED IN THE SCHEDULE (PART I SECTION B) UNDER EACH LINE

ITEM.

(Applicable when the Government desires delivery by a certain time but requires delivery by a specified later time, and the delivery schedule is to be based on the date of the contract)

(Applicable when delivery of one or more “items” as defined at 252.211-7003(c) is required)

252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (MAR 2022)

(IAW DFARS 211.274-6(b), DFARS 212.301(f)(iv))

(Applicable when FAR 52.245-1, Government Property, is used)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

(IAW FAR 12.301(b)(3))

(Applicable to all commercial products or commercial services)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES -- ALTERNATE I (NOV 2021)

(IAW FAR 12.301(b)(3))

(a) Inspection/Acceptance.

(1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the ``hourly rate'' for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the ``hourly rate'' attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]

(e) Definitions.

(1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause--

(i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are--

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) Materials means--

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and

(i) Payments.

(1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless…

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