FA9401-24-Q-0029 COMBO Final.pdf

DEPARTMENT OF THE AIR FORCE

377TH AIR BASE WING (AFGSC)

377 MSG/CONTRACTING DIVISION – KIRTLAND AFB, NEW MEXICO

A. COMBINED SYNOPSIS/SOLICITATION NOTICE

Requirement Title: Uniform Rental

Solicitation Number: FA9401-24-Q-0029

Response Deadline: 27 August 2024, 12:00 pm MDT

Questions Deadline: 23 August 2024, 12:00 pm MDT

Contract Specialist: Chrisaundra Henderson, chrisaundra.henderson@us.af.mil

Contracting Officer: My Cole Robinson, my_cole.robinson.1@us.af.mil

Quote Validity: Quotes shall be valid through 30 September 2024

B. GENERAL INFORMATION

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

2. This solicitation is issued as a Request for Quotation (RFQ). The RFQ number FA9401-24-Q- 0029 shall be used in reference to any written quote provided under this RFQ.

3. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular Number 2024-05, effective 22 May 2024.

4. This requirement is Full and Open Competition.

5. The North American Industry Classification System Code (NAICS) is 812332, Industrial Launderers size standard $47M. PSC Code: S209.

6. Offeror must be registered in SAM to be eligible for award.

C. REQUIREMENT INFORMATION

1. Description of requirement:

The purpose of this combined synopsis and solicitation is for Uniform Rental and Laundering Services for the 377th Logistics Readiness Squadron, Vehicle Management Flight. See

Attachment 1 – Performance Work Statement (PWS) “Uniform Rental and Laundering Services PWS” dated 10 July 2024.

2. Schedule of Services:

a. The Schedule of Services is identified in "Supplies or Services and Prices/Cost" section.

b. Acceptance/ FOB Point for all CLINS is: DESTINATION

c. New Mexico Gross Receipts Tax (NMGRT) may be applicable to the proposed effort.

For assistance in determining the extent to which NMGRT may apply and applicable rates, contact the New Mexico Taxation and Revenue Department, 5301 Central Ave., NE, PO Box 8485, Albuquerque NM 87198, (505)841- 6200, http://www.tax.newmexico.gov/Businesses/gross-receipts.aspx.

INSTRUCTIONS TO OFFERORS

FAR 52.212-1 Instructions to Offerors - Commercial Items Addendum

a) The contract provision pertinent to this section is FAR 52.212-1 which has been incorporated by reference.

b) Submission of Offers. Offerors shall submit their proposed quote no later than 27 August 2024 12:00pm MDT via email to the Contracting Officer, My Cole Robinson at my_cole.robinson.1@us.af.mil and the Contract Specialist, Chrisaundra Henderson, at chrisaundra.henderson@us.af.mil. If the quote is submitted after the deadline, it will be considered untimely and ineligible for award.

c) Quotes shall be submitted via email to the Contract Specialist and Contracting Officer identified in Section (b), Submission of Offers. Electronic documents shall be submitted in .pdf, .doc, or .xls and less than 30MB. Communication containing documents in any other format may be blocked or stripped by the Government’s server and may not be received by this office. Files in .zip format may not be received by this office.

d) All questions regarding this RFQ must be emailed to the Contracting Officer and Contract Specialist by 12:00 p.m. Mountain Daylight Time on Friday, 23 August 2024.

e) To assure timely evaluation of the offer, offerors must follow the instructions contained herein. The quote shall be clear, concise and include sufficient detail for effective evaluation. The solicitation shall strictly adhere to the requirements set forth in the solicitation and the corresponding Performance Work Statement. The quotes shall not contain any extraneous information such as advertisements, or marketing information.

Offeror a must clearly identify any exception(s) taken to the solicitation terms and conditions, and provide complete accompanying rationale. Submissions that do not adhere to format and content requirements may be considered non-compliant. The Government reserves the right to eliminate any such quotes from consideration for award.

f) The offeror must complete and return Supplies or Services and Prices/Cost section of this solicitation as part of their quote.

g) Factors. The Contract Specialist/Contracting Officer are responsible for developing evaluation criteria that are appropriate for their requirement. The following factors shall be used to evaluate offers in accordance with Lowest Price Technically Acceptable:

a. Factor 1: Technical Approach

Under this factor, the Government will evaluate the contractor’s Technical Approach based on the following:

The offeror shall submit a technical plan demonstrating their approach and understanding of the required services and Government timelines listed in Attachment 1 “Uniform Rental and Laundering Services PWS” dated 10 July 2024. The technical plan shall not exceed 4 pages.

i. Performance Plan: The offeror shall clearly illustrate its capability to meet all PWS requirements. The offeror shall address the performance objectives described PWS.

ii. EPA Regulation compliance: The contractor shall address its ability to comply with applicable regulations.

iii. The offeror positively affirmed in its proposal that it will provide uniforms and coveralls as specified in PWS paragraphs 1.1.1 through 1.1.3 by providing a picture, description, and specifications of the uniforms and coveralls proposed.

iv. The offeror's proposal demonstrated a clear, effective, and viable approach/process in ensuring it will take an official count of the type and quantity of soiled uniforms and coveralls when picked-up and the same quantity and type of uniform will be returned/delivered from being laundered on mandated days IAW PWS 1.1.5.

b. Factor 2: Price - Price will be evaluated for fair and reasonableness in accordance with FAR 13.106-3. The purchase order resulting from this solicitation will include FAR 52.217-8 “Option to Extend the Term of the Contract”. A six-month extension period under this clause will only be utilized if necessary. IAW 52.217-8, the extension pricing will be based on the pricing on contract if utilized. As such, a Total Evaluated Price (TEP) will be calculated by the Government by dividing the total price for the last option year in half and adding it to the total price. The TEP will be used for evaluation purposes only. Evaluation of extension pricing shall not obligate the Government to exercise the extension. Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

g) Complete the following Information:

Company Name:

Address:

CAGE Code:

Discount Terms:

Point of Contact (Name, Telephone and Email):

(End of Provision)

FAR 52.212-2 Evaluation -- Commercial Products and Commercial Services (Nov 2021)

(a) The Government’s intent is to award a contract resulting from this solicitation to the responsible offeror whose proposal represents the Lowest price technically acceptable in accordance with the factors of this solicitation.

(1) Basis for Award. Pursuant to FAR 12.602, contract award will be made using

Simplified Acquisition Procedures in accordance with FAR Subpart 13.5. Award will be based on the following: (1) The offerors acknowledgement and agreement to the terms and conditions incorporated in the solicitation; (2) the offerors technical approach is determined to be technically acceptable; and (3) the lowest price offeror is found to be fair and reasonable in accordance with FAR 13.106-3.

(2) Evaluation Process. First, the Government will assign a rating for each schedule contractors’ Factor 1 (Technical Approach) on an acceptable and unacceptable basis (as defined in Factor 1, Table 1 below). The Government will evaluate each subfactor to arrive at an overall rating for Factor 1; however, each subfactor will NOT be rated individually. If an offeror receives an unacceptable rating for Factor 1 then the Government will not evaluate their Factor 2 (Price) and they will no longer be considered for award. Each schedule contractor that had an acceptable rating for Factor 1 will be evaluated for Factor 2 using the criteria discussed in Section F above.

(3) Responses to this solicitation will be evaluated against the following Factors:

Factor 1 – Technical Approach Factor 2 - Price

(i) Factor 1: Technical Approach - The Government will evaluate Technical Approach by assigning a rating of Acceptable or Unacceptable for factor 1. Any offer that receives a rating of unacceptable will result in the Government not evaluating the proposal any further. Please see table below for definition of ratings.

Table 1: Ratings for Factor 1 Rating Description

Acceptable The approach and process demonstrate a clear understanding of the requirement, and the Government has reasonable expectation that the Offeror will be able to successfully perform the required effort.

Unacceptable Approach and process do not demonstrate an understanding of the requirement and the Government does not have a reasonable expectation that the Offeror will be able to successfully perform the required effort.

(ii) Factor 2: Price - Price will be evaluated for fair and reasonableness in accordance with FAR 13.106-3. The purchase order resulting from this solicitation will include FAR 52.217-8 “Option to Extend the Term of the Contract”. A six-month extension period under this clause will only be utilized if necessary. IAW 52.217-8, the extension pricing will be based on the pricing on contract if utilized. As such, a Total Evaluated Price (TEP) will be calculated by the Government by dividing the total price for the last option year in half and adding it to the total price. The TEP will be used for evaluation purposes only. Evaluation of extension pricing shall not obligate the Government to exercise the extension.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced.

Evaluation of options shall not obligate the Government to exercise the option(s).

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

(End of provision)

Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies / Services Quantity Unit Unit Price Amount

Uniform Lease and Clean Contractor shall provide the non-personal service in accordance with the Performance Work Statement (PWS). 9152 (qty) Shirts x $___

PoP 19 Sept 2024 to 18 Sept 2025

Product Service Code: S209 Pricing Arrangement: Firm Fixed Price

9,152 Each

Uniform Lease and Clean Contractor shall provide the non-personal service in accordance with the Performance Work Statement (PWS). 9152 (qty) Pants x $_______

PoP 19 Sept 2024 to 18 Sept 2025

Product Service Code: S209 Pricing Arrangement: Firm Fixed Price

9,152 Each

Uniform Lease and Clean Contractor shall provide the non-personal service in accordance with the Performance Work Statement (PWS). 1976 (qty) Coveralls x

PoP 19 Sept 2024 to 18 Sept 2025

Product Service Code: S209 Pricing Arrangement: Firm Fixed Price

1,976 Each

Uniform Lease and Clean Contractor shall provide the non-personal service in accordance with the Performance Work Statement (PWS). 96 (qty) Jackets x $_______

PoP 19 Sept 2024 to 18 Sept 2025

Product Service Code: S209 Pricing Arrangement: Firm Fixed Price

96 Each

Option Line Item

Uniform Lease and Clean Contractor shall provide the non-personal service in accordance with the Performance Work Statement (PWS). 9152 (qty) Shirts x $_______

PoP 19 Sept 2025 to 18 Sept 2026

Product Service Code: S209 Pricing Arrangement: Firm Fixed Price

9,152 Each

Option Line Item

Uniform Lease and Clean Contractor shall provide the non-personal service in accordance with the Performance Work Statement (PWS). 9152 (qty) Pants x $_______

PoP 19 Sept 2025 to 18 Sept 2026

Product Service Code: S209 Pricing Arrangement: Firm Fixed Price

9,152 Each

Option Line Item

Uniform Lease and Clean Contractor shall provide the non-personal service in accordance with the Performance Work Statement (PWS). 1976 (qty) Coveralls x

PoP 19 Sept 2025 to 18 Sept 2026

Product Service Code: S209 Pricing Arrangement: Firm Fixed Price

1,976 Each

Option Line Item

Uniform Lease and Clean Contractor shall provide the non-personal service in accordance with the Performance Work Statement (PWS). 96 (qty) Jackets x $_______

PoP 19 Sept 2025 to 18 Sept 2026

Product Service Code: S209 Pricing Arrangement: Firm Fixed Price

96 Each

Option Line Item

Uniform Lease and Clean Contractor shall provide the non-personal service in accordance with the Performance Work Statement (PWS). 9152 (qty) Shirts x $_______

PoP 19 Sept 2026 to 18 Sept 2027

Product Service Code: S209 Pricing Arrangement: Firm Fixed Price

9,152 Each

Option Line Item

Uniform Lease and Clean Contractor shall provide the non-personal service in accordance with the Performance Work Statement (PWS). 9152 (qty) Pants x $_______

PoP 19 Sept 2026 to 18 Sept 2027

Product Service Code: S209 Pricing Arrangement: Firm Fixed Price

9,152 Each

Option Line Item

Uniform Lease and Clean Contractor shall provide the non-personal service in accordance with the Performance Work Statement (PWS). 1976 (qty) Coveralls x

PoP 19 Sept 2026 to 18 Sept 2027

Product Service Code: S209 Pricing Arrangement: Firm Fixed Price

1,976 Each

Uniform Lease and Clean Contractor shall provide the non-personal service in accordance with the Performance Work Statement (PWS). 96 (qty) Jackets x $_______

PoP 19 Sept 2026 to 18 Sept 2027

Product Service Code: S209 Pricing Arrangement: Firm Fixed Price

96 Each

Option Line Item

Uniform Lease and Clean Contractor shall provide the non-personal service in accordance with the Performance Work Statement (PWS). 9152 (qty) Shirts x $_______

PoP 19 Sept 2027 to 18 Sept 2028

Product Service Code: S209 Pricing Arrangement: Firm Fixed Price

9,152 Each

Option Line Item

Uniform Lease and Clean Contractor shall provide the non-personal service in accordance with the Performance Work Statement (PWS). 9152 (qty) Pants x $_______

PoP 19 Sept 2027 to 18 Sept 2028

Product Service Code: S209 Pricing Arrangement: Firm Fixed Price

9,152 Each

Option Line Item

Uniform Lease and Clean Contractor shall provide the non-personal service in accordance with the Performance Work Statement (PWS). 1976 (qty) Coveralls x

PoP 19 Sept 2027 to 18 Sept 2028

Product Service Code: S209 Pricing Arrangement: Firm Fixed Price

1,976 Each

Option Line Item

Uniform Lease and Clean Contractor shall provide the non-personal service in accordance with the Performance Work Statement (PWS). 96 (qty) Jackets x $_______

PoP 19 Sept 2027 to 18 Sept 2028

Product Service Code: S209 Pricing Arrangement: Firm Fixed Price

96 Each

Option Line Item

Uniform Lease and Clean Contractor shall provide the non-personal service in accordance with the Performance Work Statement (PWS). 9152 (qty) shirts x $_______

PoP 19 Sept 2028 to 18 Sept 2029

Product Service Code: S209 Pricing Arrangement: Firm Fixed Price

9,152 Each

Uniform Lease and Clean Contractor shall provide the non-personal service in accordance with the Performance Work Statement (PWS). 9152 (qty) Pants x $_______

PoP 19 Sept 2028 to 18 Sept 2029

Product Service Code: S209 Pricing Arrangement: Firm Fixed Price

9,152 Each

Option Line Item

Uniform Lease and Clean Contractor shall provide the non-personal service in accordance with the Performance Work Statement (PWS). 1976 (qty) Coveralls x

PoP 19 Sept 2028 to 18 Sept 2029

Product Service Code: S209 Pricing Arrangement: Firm Fixed Price

1,976 Each

Option Line Item

Uniform Lease and Clean Contractor shall provide the non-personal service in accordance with the Performance Work Statement (PWS). 96 (qty) Jackets x $_______

PoP 19 Sept 2028 to 18 Sept 2029

Product Service Code: S209 Pricing Arrangement: Firm Fixed Price

96 Each

Option Line Item

Uniform Lease and Clean Contractor shall provide the non-personal service in accordance with the Performance Work Statement (PWS). 4576 (qty) Shirts x $_______

PoP 19 Sept 2029 to 18 March 2030

Product Service Code: S209 Pricing Arrangement: Firm Fixed Price

4,576 Each

Option Line Item

Uniform Lease and Clean Contractor shall provide the non-personal service in accordance with the Performance Work Statement (PWS). 4576 (qty) Pants x $_______

PoP 19 Sept 2029 to 18 March 2030

Product Service Code: S209 Pricing Arrangement: Firm Fixed Price

4,576 Each

Option Line Item

Uniform Lease and Clean Contractor shall provide the non-personal service in accordance with the Performance Work Statement (PWS). 988 (qty) Coveralls x

PoP 19 Sept 2029 to 18 March 2030

988 Each

Product Service Code: S209 Pricing Arrangement: Firm Fixed Price

Option Line Item

Uniform Lease and Clean Contractor shall provide the non-personal service in accordance with the Performance Work Statement (PWS). 48 (qty) Jackets x $_______

PoP 19 Sept 2029 to 18 March 2030

Product Service Code: S209 Pricing Arrangement: Firm Fixed Price

48 Each

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

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

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause-

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

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

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

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

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

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

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

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

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

(ii) For fixed price line items-

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

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

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

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

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

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

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

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

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

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC ____ Issue By DoDAAC ____ Admin DoDAAC ____ Inspect By DoDAAC ____ Ship To Code ____ Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) ____ Service Acceptor (DoDAAC) ____ Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____

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

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

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(g) WAWF point of contact.

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

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

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

(End of clause)

Special Contract Requirements

Contract Clauses

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

As prescribed in , insert the following clause: (b)(3)12.301

Contract Terms and Conditions-- and (Nov 2023)Commercial Products Commercial Services

(a) /AcceptanceInspection . The Contractor only tender for acceptance those items that conform to the requirements of this contract. The shall Government reserves the right to inspect or test any or services that have been tendered for acceptance. The Government require repair supplies may or replacement of nonconforming or reperformance of nonconforming services at no increase in contract price. If repair/replacement or supplies reperformance will not correct the defects or is not possible, the Government seek an equitable price reduction or adequate consideration for may acceptance of nonconforming or services. The Government exercise its post-acceptance rights- supplies must

(1) Within a reasonable time after the defect was discovered or have been discovered; and should

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee assign its rights to receive payment due as a result of performance of this contract to a bank, trust may company, or other financing institution, including any Federal lending agency in accordance with the Act ( 31 U.S.C. 3727). Assignment of Claims However, when a third party makes payment ( use of the Governmentwide commercial purchase card), the Contractor not assign its rights toe.g., may receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract be made only by written agreement of the parties. may

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, , appeal or action arising under or relating to this contract be a dispute to be resolved in accordance with claim shall the clause at Federal Regulation (FAR) , Disputes, which is incorporated herein by reference. The Contractor proceed Acquisition 52.233-1 shall diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR , Definitions, is incorporated herein by reference. 52.202-1

(f) Excusable delays. The Contractor be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of shall the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor notify the as soon as it is reasonably possible after the commencement of any excusable delay, setting forth theshall Contracting Officer in writing full particulars in connection therewith, remedy such occurrence with all reasonable dispatch, and promptly give written notice to the shall shall of the cessation of such occurrence.Contracting Officer

(g) Invoice.

(1) The Contractor submit an original and three copies (or electronic , if authorized) to the address designated in the contract to shall invoice invoice receive . An include- invoices invoice must

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, and, if applicable, the order number; line item number

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of , including the bill of lading number and weight of if shipped on Government bill of lading; shipment shipment

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective ; and invoice https://www.acquisition.gov/far/12.301#FAR_12_301 https://www.acquisition.gov/far/52.233-1#FAR_52_233_1 https://www.acquisition.gov/far/52.202-1#FAR_52_202_1

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

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

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

(B) If EFT banking information is not required to be on the , in order for the to be a , the Contractor have invoice invoice proper invoice shall submitted correct EFT banking information in accordance with the applicable provision, ( , Payment by solicitation contract clause e.g., 52.232-33

- , or , Payment by -Other ThanElectronic Funds Transfer System for Award Management 52.232-34 Electronic Funds Transfer System for Award ), or applicable agency procedures.Management

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

(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at . 5 CFR Part 1315

(h) Patent indemnity. The Contractor indemnify the Government and its officers, employees and agents against liability, including costs, for shall actual or alleged direct or contributory infringement of, or inducement to infringe, any or foreign patent, trademark or copyright, arising United States out of the performance of this contract, provided the Contractor is reasonably notified of such and proceedings. claims

(i) Payment.-

(1) Items accepted. Payment be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this shall contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and prompt payment regulations at . 5 CFR Part 1315

(3) )Electronic Funds Transfer (EFT . If the Government makes payment by EFT, see (b) for the appropriate EFT clause. 52.212-5

(4) Discount. In connection with any discount offered for early payment, time be computed from the date of the . For the purpose of shall invoice computing the discount earned, payment be considered to have been made on the date which appears on the payment check or the specified shall payment date if an payment is made. electronic funds transfer

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

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

(A) Circumstances of the overpayment ( , duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);e.g.

(B) Affected contract number and number, if applicable; delivery order

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

(D) Contractor point of contact.

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

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract bear simple interest from the date due until paid shall unless paid within 30 days of becoming due. The interest rate be the interest rate established by the Secretary of the Treasury as provided in 41 shall U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government issue a demand for payment to the Contractor upon finding a debt is due under the contract. may

(iii) Final decisions. The will issue a final decision as required by if- Contracting Officer 33.211

(A) The and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; Contracting Officer

(B) The Contractor fails to liquidate a debt previously demanded by the within the timeline specified in the demand for payment Contracting Officer unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the (see ). Contracting Officer 32.607-2

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision identify the same due shall date as the original demand for payment.

(v) Amounts be due at the earliest of the following dates: shall https://www.acquisition.gov/far/52.232-33#FAR_52_232_33 https://www.acquisition.gov/far/52.232-34#FAR_52_232_34 https://www.acquisition.gov/far/52.212-5#FAR_52_212_5 https://www.acquisition.gov/far/33.211#FAR_33_211 https://www.acquisition.gov/far/32.607-2#FAR_32_607_2

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge be computed for the actual number of calendar days involved beginning on the due date and ending on- shall

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause be reduced under the procedures prescribed in FAR in effect on the date of this contract. may 32.608-2

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the provided under this contract remain supplies shall with the Contractor until, and pass to the Government upon: shall

(1) Delivery of the to a carrier, if transportation is f.o.b. origin; or supplies

(2) Delivery of the to the Government at the destination specified in the contract, if transportation is f.o.b. destination. supplies

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor immediately stop all work hereunder and immediately cause any and all of its shall shall suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor be paid a percentage of the contract price shall reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor not be required to shall comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor not be paid for any work performed or costs incurred which reasonably could have been avoided. shall

(m) Termination for cause. The Government terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or may if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government not be liable to the Contractor for any amount for or shall supplies services not accepted, and the Contractor be liable to the Government for any and all rights and remedies provided by law. If it is determined shall that the Government improperly terminated this contract for default, such termination be deemed a . shall termination for convenience

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract pass to the Government upon acceptance, shall regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express , the Contractor will not be liable to the Government for consequential warranty damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor comply with all applicable Federal, State and local laws, executive orders, rules and regulations shall applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this or contract be resolved by giving precedence in the following order: solicitation shall

(1) The schedule of /services. supplies

(2) The Assignments, Disputes, Payments, , Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Invoice Obligations paragraphs of this clause;

(3) The clause at . 52.212-5

(4) Addenda to this or contract, including any license agreements for . solicitation computer software

(5) Solicitation provisions if this is a . solicitation

(6) Other paragraphs of this clause.

(7) The . Standard Form 1449 https://www.acquisition.gov/far/32.608-2#FAR_32_608_2 https://www.acquisition.gov/far/52.212-5#FAR_52_212_5 https://www.gsa.gov/forms-library/solicitationcontractorder-commercial-items

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following govern: shall

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user be deemed to have agreed to such clause by virtue of it appearing in the shall EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award ), are incorporated by reference into the contract.Management (SAM

(End of clause)

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov 2021 52.222-21 Prohibition of Segregated Facilities. Apr 2015 52.223-5 Pollution Prevention and Right-to-Know Information. May 2011 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. Aug 2018

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024

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

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7001 Buy American and Balance of Payments Program. Feb 2024 252.225-7002 Qualifying Country Sources as Subcontractors. Mar 2022 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023 252.232-7010 Levies on Contract Payments. Dec 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.237-7014 Loss or Damage (Count-of-Articles). Dec 1991

252.237-7018 Special Definitions of Government Property. Dec 1991 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023

FAR Clauses Incorporated by Full Text

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

(May 2024)

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

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (May 2024)

(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 (section 743 of Division E, Title VII,(Jan 2017) 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 Covered Entities (Dec (Section 1634 of Pub. L. 115-91).2023)

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

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

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

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

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

(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

52.203-6, Restrictions on Subcontractor Sales to the Government with (41 U.S.C. 4704 and 10 U.S.C. 4655).(1) (Jun 2020), Alternate I (Nov 2021)

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

52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5).(3) (Jun 2010) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the(4) (Nov 2023) Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).X (5) (Jun 2020)

[Reserved].(6)

52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(7) (Oct 2016)

52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).(8) (Oct 2016)

52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).X (9) (Jun 2023)

52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-(10) Agency Contracts. (Pub. L. 115-390, title II).(Dec 2023)

(11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(Dec 2023)

Alternate I of 52.204-30.(ii) (Dec 2023)

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. X (12) (31 U.S.C. 6101 note).(Nov 2021)

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).(13) (Oct 2018)

[Reserved].(14)

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

52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( ) (if the offeror elects to waive the preference,(16) Oct 2022 it shall so indicate in its offer) (15 U.S.C. 657a).

[Reserved](17)

(18)

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

Alternate I of 52.219-6.(ii) (Mar 2020)

(19)

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

Alternate I of 52.219-7.(ii) (Mar 2020)

52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)).(20) Feb 2024

(21)

(i) 52.219-9, Small Business Subcontracting Plan ( ) (15 U.S.C. 637(d)(4)).Sep 2023

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

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

Alternate III of 52.219-9.(iv) (Jun 2020)

Alternate IV ( ) of 52.219-9.(v) Sep 2023

(22)

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

Alternate I of 52.219-13.(ii) (Mar 2020)

(23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(24) (Sep 2021)

52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible(25) Under the SDVOSB Program ( ) (15 U.S.C. 657f).Feb 2024

(26)

(i) 52.219-28, Post Award Small Business Program Rerepresentation ( ) (15 U.S.C. 632(a)(2)).Feb 2024

Alternate I of 52.219-28.(ii) (Mar 2020)

52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns ( )(27) Oct 2022 (15 U.S.C. 637(m)).

52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned(28) Small Business Program ( ) (15 U.S.C. 637(m)).Oct 2022

52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(29) (Mar 2020)

52.219-33, Nonmanufacturer Rule (15U.S.C. 637(a)(17)).(30) (Sep 2021)

X (31) 52.222-3, Convict Labor (E.O.11755).(Jun 2003)

52.222-19, Child Labor-Cooperation with Authorities and Remedies .X (32) (Feb 2024)

52.222-21, Prohibition of Segregated Facilities .X (33) (Apr 2015)

X (34)

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

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

(35)

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

Alternate I of 52.222-35.(ii) (Jul 2014)

(36)

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

Alternate I of 52.222-36.(ii) (Jul 2014)

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

52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).(38) (Dec 2010)

X (39)

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

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

52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially(40) (May 2022) available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

(41)

(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.)

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

X (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (42 U.S.C. 7671, ).(May 2024) et seq.

(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (42 U.S.C. 7671, ).(May 2024) et seq.

(44) 52.223-20, Aerosols (42 U.S.C. 7671, ).(May 2024) et seq.

(45) 52.223-21, Foams (42 U.S.C. 7671, ).(May 2024) et seq.

(46) 52.223-23, Sustainable Products and Services (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).(May 2024)

(47)

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

Alternate I of 52.224-3.(ii) (Jan 2017)

X (48)

(i) 52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(Oct 2022)

Alternate I of 52.225-1.(ii) (Oct 2022)

(49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note,(NOV 2023) 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

Alternate I [Reserved].(ii)

Alternate II of 52.225-3.(iii) ( 2022)Dec

Alternate III of 52.225-3.(iv) (Feb 2024)

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

52.225-5, Trade…