FA8517-21-R-0001_Final.pdf

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

1. REQUISITION NUMBER

FD20602100138

5. SOLICITATION NUMBER

FA8517‐21‐R‐0001

6. SOLICITATION ISSUE DATE

b. TELEPHONE NUMBER (No collect calls)

(478 ) 926 ‐6358 ext.

2. CONTRACT NO.

7. FOR SOLICITATION

INFORMATION CALL

3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

a. NAME

Sebrina L. Ingram‐Hayes

8. OFFER DUE DATE/LOCAL TIME

2MAR2021 5:00PM

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 336413

VETERAN‐OWNED SIZE STANDARD

SMALL BUSINESS 8 (A) Competitive 1,250 :

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS

(15 CFR 700)

13b. RATING

DO: C9 52.211‐14, 52.211‐15

14. METHOD OF SOLICITATION

RFQ IFB RFP

9. ISSUED BY CODE

SUPPORT EQPT ‐ AUTOMATIC TEST, AFSC/PZAAC

235 BYRON ST BLDG 300 STE 19A

ROBINS AFB GA 31098‐1813

BUYER: Sebrina L. Ingram‐Hayes/PZAAC sebrina.ingram‐hayes.1@us.af.mil Phone: (478) 926‐ 6358 Fax: (000) 000‐0000 No Collect Calls

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

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.

FA8517

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

ROUTINE

RESTRICTED UNDER THE PROVISIONS OF SECTION 8(a) OF THE SMALL BUSINESS

ACT

Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for 120 days.

*NAICS 336413 SIZE STANDARD: IAW FAR 52.212-1. The size standard for this acquisition is 1,250 employees.

The assigned SBA Requirement Number is SI1601491500H.

100% 8(a) set-aside reserved for competition among 8(a) contractors. The Government reserves the right to award up to three (3) contracts to the most highly rated 8(a) proposals in the above category pursuant to small business parity IAW FAR 19.203.

RFPs FA8517-21-R-0001, 8(a) set-aside & FA8517-21-R-0002, small business set-aside, are being issued simultaneously for the requirements of the Third Party Equipment Purchasing (3PEP) acquisition. The Government intends to award to six (6) different offerors, three (3) as a result of the 8(a) set-aside RFP and three (3) as a result of the SB set-aside RFP. Offerors are instructed to propose on either FA8517-21-R-0001 or FA8517-21-R-0002, but not both. Offerors submitting a proposal under both RFPs may be determined noncompliant with the terms and conditions of the RFPs and may be determined to be unacceptable and therefore not eligible for award.

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:B

Total

X

25JAN2021

STANDARD FORM 1449 (REV. 2/2012) BACK

COMPUTER GENERATED 1/25/2021, 6:42 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

FA8517‐21‐R‐0001

SUPPLIES OR SERVICES AND PRICES/COSTS

INFORMATION REGARDING THIS REQUEST FOR PROPOSAL:

Note: Joint Venture Agreements – Joint Ventures are allowable on competitive 8(a) set –asides; however, the joint venture agreement package or email notification of bid submittal by the joint venture must be received by SBA prior to proposal due date and the joint venture agreement must be approved before award of any resulting contract. If you are contemplating a joint venture on this project, you must advise your assigned SBA Business Opportunity Specialist (BOS) as soon possible. It is also recommended that the agreement be submitted as soon as practicable to ensure compliance with established regulations.

1. This solicitation is to satisfy the Air Force Sustainment Center (AFSC) 429 SCMS Enterprise Robins Commodity Council (ERCC) requirement to provide strategic support of defined support equipment items. The Statement of Work (SOW) outlines the Follow-On Third Party Logistics (3PL) Services requirement to source, acquire, and manage delivery of a broad range of support equipment National Stock Numbers (NSNs) with an initial estimated unit price of fifty thousand dollars or less. The Government reserves the right to award up to three (3) Indefinite Delivery Indefinite Quantity (ID/IQ) contracts in accordance with the source selection procedures established in this RFP to the 8(a) proposals which represent the best value to the government.

2. The Period of Performance for this program is a two (2) year basic with four (4), two (2) year Performance Incentive Options (PIOs). Each successful offeror is guaranteed award of one NSN to be ordered with issuance of the first task order (see FAR 52.216-19).

3. The unit prices on CLINs X001 and X002 will be established in accordance with the Statement of Work, Attachment A, I. A (Yearly Pricing Actions).

4. All proposals submitted will be evaluated in accordance with Sections L and M attached to this RFP.

Offerors are reminded that the submittal of the completed RFP information (Volume I) must include the completion and submittal of the certifications and representations included in this RFP. The list of items to be sourced for this Source Selection are shown on Attachment 7, Price Proposal Matrix dated 6 Jan 21.

5. Contractor access to Joint Engineering Data Management Information and Control System in support of this RFP is prohibited. Please email charles.harris.3@us.af.mil and sebrina.ingram-hayes.1@us.af.mil for a copy of the DVD that contains the drawings. There are items to be sourced on Attachment 7 for which no data is available.

This solicitation is issued as a commercial spares action in accordance with FAR Part 12. The services required of the contractor are defined in the attached SOW dated 5 Jan 21, attached hereto. In as much as there are unique requirements defined to support this effort, this solicitation and subsequent contract contains unique terms and conditions for this contract only.

Performance Incentive Options (PIOs) will be awarded in accordance with the requirements established in the SOW, Atch B, Section IV. Exercise of the PIOs will be determined IAW the SOW, Atch B, Section IV & FAR 52.217-9 based on contractor performance in accordance with the standards established for this contract.

The size status of each offeror will be verified via the System For Award Management (SAM) website. If a proposal is submitted and the offeror’s size status as documented in SAM is not compliant with the set-aside requirements of the solicitation a clarification evaluation notice (EN) will be issued by our PCO.

The initial minimum order for each ID/IQ contract will include items that will be evaluated as part of the source selection process satisfying either USAF or FMS requirements IAW clause 52.216-19 hereof.

Offerors must incorporate services into the proposed price of the sourced item which, when ordered via a task order, may be shipped directly from the subcontract source to the requiring activity. There is no requirement for warehousing.

AFSC/PZAAC Letter, Attachment 4, is provided for your use to assist in obtaining prices from manufacturing vendors.

12. Offerors must use the Past Performance Information (PPI) Tool, see Attachment 1, in order to electronically submit the Past Performance Volume required IAW this RFP.

PART I – THE SCHEDULE

SUPPLIES OR SERVICES AND

PRICES/COSTS

PERIOD OF PERFORMANCE: The basic period of performance of this contract will be from the effective date of award through two (2) calendar years. The CLIN numbers applicable to the basic period of performance shall be 0001, 0002, 0003, 0004, and 0005.

PIOs are included in this contract. If all PIOs are exercised the total period of performance for this contract is ten

(10) calendar years. Options will be exercised IAW the SOW, Atch B, Section IV & FAR 52.217-9.

Performance Incentive Option I: Will be defined as a two calendar year ordering period following the basic ordering period. The option will only be awarded IAW the SOW, Atch B, Section IV & FAR 52.217-9. The CLIN numbers applicable to Performance Incentive Option I shall be 1001, 1002, 1003, 1004 and 1005.

Performance Incentive Option II: Will be defined as a two calendar year ordering period following Performance Option I. The option will only be awarded based IAW the SOW, Atch B, Section IV & FAR 52.217-9. The CLIN numbers applicable to Performance Incentive Option II shall be 2001, 2002, 2003, 2004 and 2005.

Performance Incentive Option III: Will be defined as a two calendar year ordering period following Performance Option II. The option will only be awarded based IAW the SOW, Atch B, Section IV & FAR 52.217-9. The CLIN numbers applicable to Performance Incentive Option III shall be 3001, 3002, 3003, 3004 and 3005.

Performance Incentive Option IV: Will be defined as a two calendar year ordering period following Performance Option III. The option will only be awarded based IAW the SOW, Atch B, Section IV & FAR 52.217-9. The CLIN numbers applicable to Performance Incentive Option IV shall be 4001, 4002, 4003, 4004, 4005.

A PIO is considered to have been exercised upon written notification to the contractor, from PCO, of the option exercise as defined by the SOW, Atch B, Section IV & Clause FAR 52.217-9.

BASIC PERIOD OF PERFORMANCE EFFECTIVE DATE OF AWARD THROUGH TWO (2) CALENDAR YEARS

USAF / NON-FMS

Item No.

Spares Firm Fixed Price (FFP): End Items/Spares (Non-FMS) Associated Document(s) Line Item(s)

FD20602100138 0001

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

USAF / NON-FMS

A TBD DESTINATION

Type / Ship To PACRN Mark For A TBD TBD IAW Individual Delivery Orders Type / Ship To Quantity (U/I) To be determined Req No / Pri

Required Delivery

A TBD LO TBD

Proposed Delivery

A TBD LO

FMS

Item No.

Spares Firm Fixed Price (FFP): End Item/Spares (FMS) Associated Document(s) Line Item(s)

FD20602100138 0002

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A TBD ORIGIN

Type / Ship To PACRN Mark For A TBD TBD IAW Individual Delivery Orders Type / Ship To Quantity (U/I) To be determined Req No / Pri

Required Delivery

A TBD LO TBD

Proposed Delivery

A TBD LO

Data in Support of CLIN 0001 (NON-FMS) - A001

Item No.

Not Separately Priced Quantity U/I Unit Price

1 LO NSP

Data in Support of CLIN 0001 (Non-FMS)

DI-MISC-80508B/T

Associated Document(s) Line Item(s)

FD20602100138 0003

Buy American Act/Balance of Payments Program

Data in Support of CLIN 0001 (NON-FMS) - A001

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A TBD ORIGIN

Type / Ship To PACRN Mark For A TBD TBD IAW Individual Delivery Orders Type / Ship To Quantity (U/I) To be determined Req No / Pri

Required Delivery

A TBD LO TBD

Proposed Delivery

A TBD LO

Data in Support of CLIN 0002 (FMS) - A001

Item No.

Not Separately Priced Quantity U/I Unit Price

1 LO NSP

Data in Support of CLIN 0002 (FMS)

DI-MISC-80508B/T

Associated Document(s) Line Item(s)

FD20602100138 0004

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A TBD ORIGIN

Type / Ship To PACRN Mark For A TBD TBD IAW Individual Delivery Orders Type / Ship To Quantity (U/I) To be determined Req No / Pri

Required Delivery

A TBD LO TBD

Proposed Delivery

A TBD LO

Sustaining Engineering (FFP) - A002

Item No.

To Be Negotiated Quantity U/I Unit Price

1 LO TBN

Sustaining Engineering (FFP)

DI-MISC-80711A

Sustaining Engineering (FFP) - A002

Associated Document(s) Line Item(s)

FD20602100138 0005

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A TBD ORIGIN

Type / Ship To PACRN Mark For A TBD TBD IAW Individual Delivery Orders Type / Ship To Quantity (U/I) To be determined Req No / Pri

Required Delivery

A TBD LO TBD

Proposed Delivery

A TBD LO

PERFORMANCE INCENTIVE OPTION I

Performance Incentive Option I: Two calendar year ordering period following the basic ordering period.

A PERFORMANCE INCENTIVE OPTION IS CONSIDERED TO HAVE BEEN EXERCISED UPON WRITTEN NOTIFICATION TO THE CONTRACTOR, FROM THE PCO, OF THE OPTION EXERCISE AS DEFINED IN THE SOW, ATCH B, SECTION IV & FAR 52.217‐9.

USAF / NON-FMS

Item No.

Spares Firm Fixed Price (FFP): End Items/Spares (Non-FMS) Associated Document(s) Line Item(s)

FD20602100138 0001

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A TBD DESTINATION

Type / Ship To PACRN Mark For A TBD TBD IAW Individual Delivery Orders Type / Ship To Quantity (U/I) To be determined Req No / Pri

Required Delivery

A TBD LO TBD

Proposed Delivery

A TBD LO

FMS

Item No.

Spares Firm Fixed Price (FFP): End Item/Spares (FMS) Associated Document(s) Line Item(s)

FD20602100138 0002

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A TBD ORIGIN

Type / Ship To PACRN Mark For A TBD TBD IAW Individual Delivery Orders Type / Ship To Quantity (U/I) To be determined Req No / Pri

Required Delivery

A TBD LO TBD

Proposed Delivery

A TBD LO

Data in Support of CLIN 1001 (NON-FMS) - A001

Item No.

Not Separately Priced Quantity U/I Unit Price

1 LO NSP

Data in Support of CLIN 1001 (Non-FMS)

DI-MISC-80508B/T

Associated Document(s) Line Item(s)

FD20602100138 0003

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A TBD ORIGIN

Type / Ship To PACRN Mark For A TBD TBD IAW Individual Delivery Orders Type / Ship To Quantity (U/I) To be determined Req No / Pri

Required Delivery

A TBD LO TBD

Proposed

Data in Support of CLIN 1002 (FMS) - A001

Item No.

Not Separately Priced Quantity U/I Unit Price

1 LO NSP

Data in Support of CLIN 1002 (FMS)

DI-MISC-80508B/T

Associated Document(s) Line Item(s)

FD20602100138 0004

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A TBD ORIGIN

Type / Ship To PACRN Mark For A TBD TBD IAW Individual Delivery Orders Type / Ship To Quantity (U/I) To be determined Req No / Pri

Required Delivery

A TBD LO TBD

Proposed Delivery

A TBD LO

Sustaining Engineering (FFP) - A002

Item No.

To Be Negotiated Quantity U/I Unit Price

1 LO TBN

Sustaining Engineering (FFP)

DI-MISC-80711A

Associated Document(s) Line Item(s)

FD20602100138 0005

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A TBD ORIGIN

Type / Ship To PACRN Mark For A TBD TBD IAW Individual Delivery Orders Type / Ship To Quantity (U/I) To be determined Req No / Pri

Required Delivery

A TBD LO TBD

Proposed Delivery

PERFORMANCE INCENTIVE OPTION II

Performance Incentive Option II: Two calendar year ordering period following Performance Option I

A PERFORMANCE INCENTIVE OPTION IS CONSIDERED TO HAVE BEEN EXERCISED UPON WRITTEN

NOTIFICATION TO THE CONTRACTOR, FROM THE PCO, OF THE OPTION EXERCISE AS DEFINED IN THE

SOW, ATCH B, SECTION IV & FAR 52.217-9.

USAF / NON-FMS

Item No.

Spares Firm Fixed Price (FFP): End Items/Spares (Non-FMS) Associated Document(s) Line Item(s)

FD20602100138 0001

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A TBD DESTINATION

Type / Ship To PACRN Mark For A TBD TBD IAW Individual Delivery Orders Type / Ship To Quantity (U/I) To be determined Req No / Pri

Required Delivery

A TBD LO TBD

Proposed Delivery

A TBD LO

FMS

Item No.

Spares Firm Fixed Price (FFP): End Item/Spares (FMS) Associated Document(s) Line Item(s)

FD20602100138 0002

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A TBD ORIGIN

Type / Ship To PACRN Mark For A TBD TBD IAW Individual Delivery Orders

FMS

Type / Ship To Quantity (U/I) To be determined Req No / Pri Required Delivery

A TBD LO TBD

Proposed Delivery

A TBD LO

Data in Support of CLIN 2001 (NON-FMS) - A001

Item No.

Not Separately Priced Quantity U/I Unit Price

1 LO NSP

Data in Support of CLIN 2001 (Non-FMS)

DI-MISC-80508B/T

Associated Document(s) Line Item(s)

FD20602100138 0003

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A TBD ORIGIN

Type / Ship To PACRN Mark For A TBD TBD IAW Individual Delivery Orders Type / Ship To Quantity (U/I) To be determined Req No / Pri

Required Delivery

A TBD LO TBD

Proposed Delivery

A TBD LO

Data in Support of CLIN 2002 (FMS)

Item No.

Not Separately Priced Quantity U/I Unit Price

1 LO NSP

Data in Support of CLIN 2002 (FMS)

DI-MISC-80508B/T - A001

Associated Document(s) Line Item(s)

FD20602100138 0004

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

Data in Support of CLIN 2002 (FMS)

A TBD ORIGIN

Type / Ship To PACRN Mark For A TBD TBD IAW Individual Delivery Orders Type / Ship To Quantity (U/I) To be determined Req No / Pri

Required Delivery

A TBD LO TBD

Proposed Delivery

A TBD LO

Sustaining Engineering (FFP) - A002

Item No.

To Be Negotiated Quantity U/I Unit Price

1 LO TBN

Sustaining Engineering (FFP)

DI-MISC-80711A

Associated Document(s) Line Item(s)

FD20602100138 0005

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A TBD ORIGIN

Type / Ship To PACRN Mark For A TBD TBD IAW Individual Delivery Orders Type / Ship To Quantity (U/I) To be determined Req No / Pri

Required Delivery

A TBD LO TBD

Proposed Delivery

A TBD LO

PERFORMANCE INCENTIVE OPTION III

Performance Incentive Option III: Two calendar year ordering period following Performance Option II

A PERFORMANCE INCENTIVE OPTION IS CONSIDERED TO HAVE BEEN EXERCISED UPON WRITTEN

NOTIFICATION TO THE CONTRACTOR, FROM THE PCO, OF THE OPTION EXERCISE AS DEFINED IN THE

SOW, ATCH B, SECTION IV & FAR 52.217-9.

USAF / NON-FMS

Item No.

Spares Firm Fixed Price (FFP): End Items/Spares (Non-FMS) Associated Document(s) Line Item(s)

FD20602100138 0001

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A TBD DESTINATION

Type / Ship To PACRN Mark For A TBD TBD IAW Individual Delivery Orders Type / Ship To Quantity (U/I) To be determined Req No / Pri

Required Delivery

A TBD LO TBD

Proposed Delivery

A TBD LO

FMS

Item No.

Spares Firm Fixed Price (FFP): End Item/Spares (FMS) Associated Document(s) Line Item(s)

FD20602100138 0002

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A TBD ORIGIN

Type / Ship To PACRN Mark For A TBD TBD IAW Individual Delivery Orders Type / Ship To Quantity (U/I) To be determined Req No / Pri

Required Delivery

A TBD LO TBD

Proposed

Data in Support of CLIN 3001 (NON-FMS) - A001

Item No.

Not Separately Priced Quantity U/I Unit Price

1 LO NSP

Data in Support of CLIN 3001 (Non-FMS)

DI-MISC-80508B/T

Associated Document(s) Line Item(s)

FD20602100138 0003

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A TBD ORIGIN

Type / Ship To PACRN Mark For A TBD TBD IAW Individual Delivery Orders Type / Ship To Quantity (U/I) To be determined Req No / Pri

Required Delivery

A TBD LO TBD

Proposed Delivery

A TBD LO

Data in Support of CLIN 3002 (FMS) - A001

Item No.

Not Separately Priced Quantity U/I Unit Price

1 LO NSP

Data in Support of CLIN 3002 (FMS)

DI-MISC-80508B/T

Associated Document(s) Line Item(s)

FD20602100138 0004

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A TBD ORIGIN

Type / Ship To PACRN Mark For A TBD TBD IAW Individual Delivery Orders Type / Ship To Quantity (U/I) To be determined Req No / Pri

Required Delivery

A TBD LO TBD

Proposed

Sustaining Engineering (FFP) - A002

Item No.

To Be Negotiated Quantity U/I Unit Price

1 LO TBN

Sustaining Engineering (FFP)

DI-MISC-80711A

Associated Document(s) Line Item(s)

FD20602100138 0005

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A TBD ORIGIN

Type / Ship To PACRN Mark For A TBD TBD IAW Individual Delivery Orders Type / Ship To Quantity (U/I) To be determined Req No / Pri

Required Delivery

A TBD LO TBD

Proposed Delivery

A TBD LO

PERFORMANCE INCENTIVE OPTION IV

Performance Incentive Option IV: Two calendar year ordering period following Performance Option III

A PERFORMANCE INCENTIVE OPTION IS CONSIDERED TO HAVE BEEN EXERCISED UPON WRITTEN

NOTIFICATION TO THE CONTRACTOR, FROM THE PCO, OF THE OPTION EXERCISE AS DEFINED IN THE

SOW, ATCH B, SECTION IV & FAR 52.217-9.

USAF / NON-FMS

Item No.

Spares Firm Fixed Price (FFP): End Items/Spares (Non-FMS) Associated Document(s) Line Item(s)

FD20602100138 0001

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A TBD DESTINATION

Type / Ship To PACRN Mark For

USAF / NON-FMS

A TBD TBD IAW Individual Delivery Orders Type / Ship To Quantity (U/I) To be determined Req No / Pri

Required Delivery

A TBD LO TBD

Proposed Delivery

A TBD LO

FMS

Item No.

Spares Firm Fixed Price (FFP): End Item/Spares (FMS) Associated Document(s) Line Item(s)

FD20602100138 0002

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A TBD ORIGIN

Type / Ship To PACRN Mark For A TBD TBD IAW Individual Delivery Orders Type / Ship To Quantity (U/I) To be determined Req No / Pri

Required Delivery

A TBD LO TBD

Proposed Delivery

A TBD LO

Data in Support of CLIN 4001 (NON-FMS) - A001

Item No.

Not Separately Priced Quantity U/I Unit Price

1 LO NSP

Data in Support of CLIN 4001 (Non-FMS)

DI-MISC-80508B/T

Associated Document(s) Line Item(s)

FD20602100138 0003

Buy American Act/Balance of Payments Program

Data in Support of CLIN 4001 (NON-FMS) - A001

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A TBD ORIGIN

Type / Ship To PACRN Mark For A TBD TBD IAW Individual Delivery Orders Type / Ship To Quantity (U/I) To be determined Req No / Pri

Required Delivery

A TBD LO TBD

Proposed Delivery

A TBD LO

Data in Support of CLIN 4002 (FMS) - A001

Item No.

Not Separately Priced Quantity U/I Unit Price

1 LO NSP

Data in Support of CLIN 4002 (FMS)

DI-MISC-80508B/T

Associated Document(s) Line Item(s)

FD20602100138 0004

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A TBD ORIGIN

Type / Ship To PACRN Mark For A TBD TBD IAW Individual Delivery Orders Type / Ship To Quantity (U/I) To be determined Req No / Pri

Required Delivery

A TBD LO TBD

Proposed Delivery

A TBD LO

Sustaining Engineering (FFP) - A002

Item No.

To Be Negotiated Quantity U/I Unit Price

1 LO TBN

Sustaining Engineering (FFP)

DI-MISC-80711A

Sustaining Engineering (FFP) - A002

Associated Document(s) Line Item(s)

FD20602100138 0005

Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A TBD ORIGIN

Type / Ship To PACRN Mark For A TBD TBD IAW Individual Delivery Orders Type / Ship To Quantity (U/I) To be determined Req No / Pri

Required Delivery

A TBD LO TBD

Proposed Delivery

A TBD LO

SHIP TO / PLACE OF PERFORMANCE

TYPE/CODE: A TBD

TO BE DETERMINED

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 (DEC 2019)

(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 ITEMS (NOV 2020)

(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 items:

(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 (Jul 2018) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (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 items:

[Contracting Officer check as appropriate.] __X __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995)(41 U.S.C. 4704 and 10 U.S.C. 2402).

__X __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (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).

__ __ (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 (JUN

2020) (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 (MAR

2020)(15 U.S.C. 657a).

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

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

Concerns (MAR 2020) (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)).

(17) (i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (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 (JUN 2020) of 52.219-9.

__X (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 (MAR 2020)(15 U.S.C. 637(a)(14)).

__ __ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

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

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

Set-Aside (MAR 2020) (15 U.S.C. 657f).

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

2020) (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 (EDWOSB) Concerns (MAR 2020) (1 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 (MAR 2020) (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 (MAR 2020) (15 U.S.C. 637(a)(17)).

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

__X __ (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2020)

(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 (OCT 2020) (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 (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 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).

__ __ (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.

__ __ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

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

2014) (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 (May 2014) of 52.225-3.

__ _ (49) (iii) Alternate II (May 2014) of 52.225-3.

__ _ (49) (iv) Alternate III (May 2014) 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 (Jun 2008) (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 (JUN 2020).

__ __ (56) 52.232-29, Terms for financing of Purchases of Commercial Items (Feb 2002)(41

U.S.C. 4505, 10 U.S.C. 2307(f)).

__ __ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017)(41 U.S.C.

4505, 10 U.S.C. 2307(f)).

__ __ (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).

__ __ (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).

__ __ (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

(Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

(63) (iii) Alternate II (Feb 2006) 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 items:

[Contracting Officer check as appropriate.] __ __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__ __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29

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

__ __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor

Standards--Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

__ __ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

__ __ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706. (Jan 2017) (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 items. 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 (JUN 2020) (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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (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 (OCT 2020) (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 (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (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 (Feb 2006) (46 U.S.C. Appx 1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION 2020-O0008) (MAR 2020)

(IAW Deviation 2020-O0008)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. “Similarly situated entity,” as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for small business concerns or 8(a) participants;

(2) Part or parts of a multiple-award contract that have been set aside for small business concerns or 8(a) participants;

(3) Contracts that have been awarded on a sole-source basis in accordance with subpart 19.8;

(4) Orders set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F), if the order amount is expected to exceed the simplified acquisition threshold;

(5) Orders competed among 8(a) participants in accordance with subpart 19.8 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F), regardless of dollar value;

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference; and

(7) Orders issued directly to small business concerns or 8(a) participants under multiple-award contracts as described in 19.504(c)(1)(ii).

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a NAICS code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. Other direct costs are excluded to the extent they are not the principal purpose of the contract and cannot be obtained from small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(g) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1) and (2) of this clause—

[Contracting Officer check as appropriate.] [ ] By the end of the base term of the contract and then by the end of each subsequent option period; or [ ] By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(3) and (4) of this clause, by the end of the performance period for the order.

(End of clause)

252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)

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

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM--BASIC (DEC 2017)

(IAW DFARS 225.1101(2)(i) and (2)(ii))

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017)

(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)

252.227-7015 TECHNICAL DATA--COMMERCIAL ITEMS (FEB 2014)

(IAW DFARS 227.7102-4(a)(1))

252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (SEP 2016)

(IAW DFARS 227.7102-4(c), DFARS 227.7103-6(e)(3), DFARS 227.7104(e)(5), DFARS 227.7203-6(f))

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…