HC108425R0014.docx

DOCX document 90 KB Posted

Attached to
UAM Software Support Federal contract opportunity
Solicitation number
HC108425R0014
Issued by
Defense Information Systems Agency

About this file

This document is a Department of Defense solicitation for software maintenance and licensing from the Defense Contract Management Agency (DCMA). The solicitation (HC108425R0014) seeks software licensing for multiple products including VMware Essentials kit, Oracle Enterprise License with Partitioning module (4 cores), and Red Hat Licenses for database servers. The contract period of performance is from 30 September 2025 to 29 September 2026, with multiple contract line items (CLINs) and optional year extensions.

The solicitation is structured as a sole source negotiated procurement, with technical evaluation focusing on OEM quotes, valid System for Award Management registration, and completed provision/clause responses. Inspection and acceptance will be managed by DCMA at 3901 Adams Avenue, Fort Gregg-Adams, VA. The software will be delivered electronically with inspection by the government, and the contract includes provisions for cloud computing services, telecommunications equipment representations, and wide area workflow payment instructions.

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Text version

HC108425R0014

Section SF 1449 - CONTINUATION SHEET

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each

Software

FFP

Annual Subscription for VMWare Essentials kit FOB: Destination

MFR PART NR: 100SW

PSC CD: 7A21

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each

Software

Oracle Enterprise License with Partitioning module 4 cores FOB: Destination

MFR PART NR: 1000OR

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each

Software

Red Hat Licnese cover the database server FOB: Destination

MFR PART NR: IVRHER

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each

Software

Red Hat License FOB: Destination

MFR PART NR: IVRHELDC

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Software

FFP

Annual Subscription for VMWare Essentials kit FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Software

FFP

Oracle Enterprise License with Partitioning module 4 cores FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Software

FFP

Red Hat Licnese cover the database server FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Software

FFP

Red Hat License FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Software

FFP

Annual Subscription for VMWare Essentials kit FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Software

FFP

Oracle Enterprise License with Partitioning module 4 cores FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Software

FFP

Red Hat Licnese cover the database server FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Software

FFP

Red Hat License FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Software

FFP

Annual Subscription for VMWare Essentials kit FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Software

FFP

Oracle Enterprise License with Partitioning module 4 cores FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Software

FFP

Red Hat Licnese cover the database server FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Software

FFP

Red Hat License FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Software

FFP

Annual Subscription for VMWare Essentials kit FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Software

FFP

Oracle Enterprise License with Partitioning module 4 cores FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Software

FFP

Red Hat Licnese cover the database server FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each
OPTION
Software

FFP

Red Hat License FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN
INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
0001
N/A
N/A
DCMA

3901 ADAMS AVENUE

BUILDING 10500

FORT GREGG-ADAMS VA 23801

Government

0002
N/A
N/A
DCMA

3901 ADAMS AVENUE

BUILDING 10500

FORT GREGG-ADAMS VA 23801

Government

0003
N/A
N/A
DCMA

3901 ADAMS AVENUE

BUILDING 10500

FORT GREGG-ADAMS VA 23801

Government

0004
N/A
N/A
DCMA

3901 ADAMS AVENUE

BUILDING 10500

FORT GREGG-ADAMS VA 23801

Government

1001
N/A
N/A
DCMA

3901 ADAMS AVENUE

BUILDING 10500

FORT GREGG-ADAMS VA 23801

Government

1002
N/A
N/A
DCMA

3901 ADAMS AVENUE

BUILDING 10500

FORT GREGG-ADAMS VA 23801

Government

1003
N/A
N/A
DCMA

3901 ADAMS AVENUE

BUILDING 10500

FORT GREGG-ADAMS VA 23801

Government

1004
N/A
N/A
DCMA

3901 ADAMS AVENUE

BUILDING 10500

FORT GREGG-ADAMS VA 23801

Government

2001
N/A
N/A
DCMA

3901 ADAMS AVENUE

BUILDING 10500

FORT GREGG-ADAMS VA 23801

Government

2002
N/A
N/A
DCMA

3901 ADAMS AVENUE

BUILDING 10500

FORT GREGG-ADAMS VA 23801

Government

2003
N/A
N/A
DCMA

3901 ADAMS AVENUE

BUILDING 10500

FORT GREGG-ADAMS VA 23801

Government

2004
N/A
N/A
DCMA

3901 ADAMS AVENUE

BUILDING 10500

FORT GREGG-ADAMS VA 23801

Government

3001
N/A
N/A
DCMA

3901 ADAMS AVENUE

BUILDING 10500

FORT GREGG-ADAMS VA 23801

Government

3002
N/A
N/A
DCMA

3901 ADAMS AVENUE

BUILDING 10500

FORT GREGG-ADAMS VA 23801

Government

3003
N/A
N/A
DCMA

3901 ADAMS AVENUE

BUILDING 10500

FORT GREGG-ADAMS VA 23801

Government

3004
N/A
N/A
DCMA

3901 ADAMS AVENUE

BUILDING 10500

FORT GREGG-ADAMS VA 23801

Government

4001
N/A
N/A
DCMA

3901 ADAMS AVENUE

BUILDING 10500

FORT GREGG-ADAMS VA 23801

Government

4002
N/A
N/A
DCMA

3901 ADAMS AVENUE

BUILDING 10500

FORT GREGG-ADAMS VA 23801

Government

4003
N/A
N/A
DCMA

3901 ADAMS AVENUE

BUILDING 10500

FORT GREGG-ADAMS VA 23801

Government

4004
N/A
N/A
DCMA

3901 ADAMS AVENUE

BUILDING 10500

FORT GREGG-ADAMS VA 23801

Government

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC / CAGE
0001
POP 30-SEP-2025 TO

29-SEP-2026

N/A
DCMAIT-CM

3901 ADAMS AVENUE

FORT GREGG-ADAMS VA

MARIA JENKINS

804-609-4084 FOB: Destination S5102A

0002
POP 30-SEP-2025 TO

29-SEP-2026

N/A
(SAME AS PREVIOUS LOCATION)

S5102A

0003
POP 30-SEP-2025 TO

29-SEP-2026

N/A
(SAME AS PREVIOUS LOCATION)

S5102A

0004
POP 30-SEP-2025 TO

29-SEP-2026

N/A
(SAME AS PREVIOUS LOCATION)

S5102A

1001
POP 30-SEP-2025 TO

29-SEP-2026

N/A
(SAME AS PREVIOUS LOCATION)

S5102A

1002
POP 30-SEP-2025 TO

29-SEP-2026

N/A
(SAME AS PREVIOUS LOCATION)

S5102A

1003
POP 30-SEP-2025 TO

29-SEP-2026

N/A
(SAME AS PREVIOUS LOCATION)

S5102A

1004
POP 30-SEP-2025 TO

29-SEP-2026

N/A
(SAME AS PREVIOUS LOCATION)

S5102A

2001
POP 30-SEP-2025 TO

29-SEP-2026

N/A
(SAME AS PREVIOUS LOCATION)

S5102A

2002
POP 30-SEP-2025 TO

29-SEP-2026

N/A
(SAME AS PREVIOUS LOCATION)

S5102A

2003
POP 30-SEP-2025 TO

29-SEP-2026

N/A
(SAME AS PREVIOUS LOCATION)

S5102A

2004
POP 30-SEP-2025 TO

29-SEP-2026

N/A
(SAME AS PREVIOUS LOCATION)

S5102A

3001
POP 30-SEP-2025 TO

29-SEP-2026

N/A
(SAME AS PREVIOUS LOCATION)

S5102A

3002
POP 30-SEP-2025 TO

29-SEP-2026

N/A
(SAME AS PREVIOUS LOCATION)

S5102A

3003
POP 30-SEP-2025 TO

29-SEP-2026

N/A
(SAME AS PREVIOUS LOCATION)

S5102A

3004
POP 30-SEP-2025 TO

29-SEP-2026

N/A
(SAME AS PREVIOUS LOCATION)

S5102A

4001
POP 30-SEP-2025 TO

29-SEP-2026

N/A
(SAME AS PREVIOUS LOCATION)

S5102A

4002
POP 30-SEP-2025 TO

29-SEP-2026

N/A
(SAME AS PREVIOUS LOCATION)

S5102A

4003
POP 30-SEP-2025 TO

29-SEP-2026

N/A
(SAME AS PREVIOUS LOCATION)

S5102A

4004
POP 30-SEP-2025 TO

29-SEP-2026

N/A
(SAME AS PREVIOUS LOCATION)

S5102A

CLAUSES INCORPORATED BY REFERENCE

52.203-3
Gratuities
APR 1984
52.203-11
Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions
SEP 2024
52.203-12
Limitation On Payments To Influence Certain Federal Transactions
JUN 2020
52.204-7
System for Award Management
NOV 2024
52.204-9
Personal Identity Verification of Contractor Personnel
JAN 2011
52.204-13
System for Award Management Maintenance
OCT 2018
52.204-18
Commercial and Government Entity Code Maintenance
AUG 2020
52.204-25
Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.204-26
Covered Telecommunications Equipment or Services--Representation.
OCT 2020
52.204-27
Prohibition on a ByteDance Covered Application
JUN 2023
52.204-29
Federal Acquisition Supply Chain Security Act Orders--Representation and Disclosures.
DEC 2023
52.204-30
Federal Acquisition Supply Chain Security Act Orders--Prohibition.
DEC 2023
52.209-10
Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.212-1
Instructions to Offerors--Commercial Products and Commercial Services
SEP 2023
52.212-3 Alt I
Offeror Representations and Certifications--Commercial Products and Commercial Services (MAY 2024) Alternate I
FEB 2024
52.212-4
Contract Terms and Conditions--Commercial Products and Commercial Services
NOV 2023
52.212-5
Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services
JAN 2025
52.219-11
Special 8(a) Contract Conditions
JAN 2017
52.227-19
Commercial Computer Software License
DEC 2007
52.229-3
Federal, State And Local Taxes
FEB 2013
52.229-12
Tax on Certain Foreign Procurements
FEB 2021
52.232-33
Payment by Electronic Funds Transfer--System for Award Management
OCT 2018
52.245-9
Use And Charges
APR 2012
252.203-7000
Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7001
Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies
JAN 2023
252.203-7002
Requirement to Inform Employees of Whistleblower Rights
DEC 2022
252.203-7003
Agency Office of the Inspector General
AUG 2019
252.203-7005
Representation Relating to Compensation of Former DoD Officials
SEP 2022
252.204-7000
Disclosure Of Information
OCT 2016
252.204-7002
Payment For Contract Line or Subline Items Not Separately Priced
APR 2020
252.204-7003
Control Of Government Personnel Work Product
APR 1992
252.204-7008
Compliance With Safeguarding Covered Defense Information Controls
OCT 2016
252.204-7009
Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information
JAN 2023
252.204-7012
Safeguarding Covered Defense Information and Cyber Incident Reporting
MAY 2024
252.204-7015
Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7018
Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.204-7020
NIST SP 800-171 DoD Assessment Requirements
NOV 2023
252.209-7004
Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.215-7008
Only One Offer
DEC 2022
252.223-7008
Prohibition of Hexavalent Chromium
JAN 2023
252.225-7012
Preference For Certain Domestic Commodities
APR 2022
252.225-7048
Export-Controlled Items
JUN 2013
252.225-7052
Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.
MAY 2024
252.225-7055
Representation Regarding Business Operations with the Maduro Regime
MAY 2022
252.225-7056
Prohibition Regarding Business Operations with the Maduro Regime
JAN 2023
252.225-7967 (Dev)
Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024-O0006).
MAR 2024
252.227-7001
Release Of Past Infringement
SEP 2019
252.227-7015
Technical Data--Commercial Products and Commercial Services
JAN 2025
252.227-7016
Rights in Bid or Proposal Information
JAN 2025
252.227-7030
Technical Data--Withholding Of Payment
MAR 2000
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010
Levies on Contract Payments
DEC 2006
252.239-7000
Protection Against Compromising Emanations
OCT 2019
252.239-7001
Information Assurance Contractor Training and Certification
JAN 2008
252.239-7010
Cloud Computing Services
JAN 2023
252.239-7017
Notice of Supply Chain Risk
DEC 2022
252.239-7018
Supply Chain Risk
DEC 2022
252.239-7098 (Dev)
Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites - Representation. (Deviation 2021-O0003)
APR 2021
252.241-7001
Government Access
DEC 1991
252.243-7001
Pricing Of Contract Modifications
DEC 1991
252.243-7002
Requests for Equitable Adjustment
DEC 2022
252.244-7000
Subcontracts for Commercial Products or Commercial Services
NOV 2023
252.247-7023
Transportation of Supplies by Sea
OCT 2024

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

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

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

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

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

The Government will evaluate your proposal to determine your ability to accomplish the tasks set forth in this solicitation. Section 508 Accessibility Standards apply to this requirement.

The following factors shall be used to evaluate offers:

(a) This is a sole source negotiated procurement. The offer will be reviewed to determine whether it is technically acceptable and price reasonable.

1. Technical Factor: The subfactors will be rated in accordance with (IAW) the evaluation table below.

The quote/solicitation response must satisfy the Government’s entire requirement, including the 508 requirement (1194.21, 1194.22, and 1194.31). The quote must be from the Original Equipment Manufacturer (OEM). The offeror must have a valid System for Award Management registration. The offeror must provide the signed solicitation with unit and extended pricing in the contract line item numbers or (CLINs) and the required (highlighted) provision/clause responses completed.

Evaluation Table - Technical Ratings

Rating
Description
Acceptable
Response meets the minimum solicitation requirements.
Unacceptable
Response does not meet the minimum solicitation

2. Price Factor: The Government will verify that all solicitation requirements have been priced, figures are correctly calculated, and prices are presented in a clear and useful format. The total evaluated price will be the sum of all requirement items (there are no options), which will be evaluated IAW FAR 15.404. The Government requests all available discounts.

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS--NOTICE AND REPRESENTATION (JUN

2020)

(a) Definitions. As used in this provision--

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area.

United States person as defined in 26 U.S.C. 7701(a)(30) means--

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C. 701(a)(31)); and

(5) Any trust if--

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26 U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through 1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR 1.5000C-1(d)(5) through (7). The Offeror would claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service Form W-14, Certificate of Foreign Contracting Party Receiving Federal Procurement Payments, available via the internet at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the Offeror represents that--

(1) It [_]is [_]is not a foreign person; and

(2) If the Offeror indicates ``is'' in paragraph (d)(1) of this provision, then the Offeror represents that--I am claiming on the IRS Form W-14 [__] a full exemption, or [__] partial or no exemption [Offeror shall select one] from the excise tax.

(e) If the Offeror represents it is a foreign person in paragraph (d)(1) of this provision, then--

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The Offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the Offeror selects ``is'' in paragraph (d)(1) and ``partial or no exemption'' in paragraph (d)(2) of this provision, the Offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the Internal Revenue Service (IRS) as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES --

REPRESENTATION (DEC 2019)

(a) Definitions. As used in this provision, covered defense telecommunications equipment or services has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered defense telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES--REPRESENTATION (MAY 2021)

The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation, that it “does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.”

(a) Definitions. Covered defense telecommunications equipment or services, covered mission, critical technology, and substantial or essential component, as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.

(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation, that it “does” provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:

The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.

(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will provide covered defense telecommunications equipment or services,” the Offeror shall provide the following information as part of the offer:

(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).

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

(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).

(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

252.232-7006 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.

(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.

Invoice 2in1

(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.

(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
HQ0810
Issue By DoDAAC
HC1084
Admin DoDAAC**
HC1084
Inspect By DoDAAC
S5102A
Ship To Code
S5102A
Ship From Code
N/A
Mark For Code
N/A
Service Approver (DoDAAC)
S5102A
Service Acceptor (DoDAAC)
S5102A
Accept at Other DoDAAC
N/A
LPO DoDAAC
N/A
DCAA Auditor DoDAAC
N/A
Other DoDAAC(s)
N/A

(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.

Primary Acceptor: Ship To/Service Acceptor DoDAAC: S5102A Name: To Be Provided Upon Award Phone Number:

Email:

Alternate Acceptor: Ship To/Service Acceptor DoDAAC: S5102A Name: To Be Provided Upon Award Phone Number:

Email:

Pay Official: Pay DoDAAC: HQ0810

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

(End of clause)

252.239-7009 REPRESENTATION OF USE OF CLOUD COMPUTING (SEPT 2015)

(a) Definition. Cloud computing, as used in this provision, means a model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction. This includes other commercial terms, such as on-demand self-service, broad network access, resource pooling, rapid elasticity, and measured service. It also includes commercial offerings for software-as-a-service, infrastructure-as-a-service, and platform-as-a-service.

(b) The Offeror shall indicate by checking the appropriate blank in paragraph (c) of this provision whether the use of cloud computing is anticipated under the resultant contract.

(c) Representation. The Offeror represents that it--

___ Does anticipate that cloud computing services will be used in the performance of any contract or subcontract resulting from this solicitation.

___ Does not anticipate that cloud computing services will be used in the performance of any contract or subcontract resulting from this solicitation.

G1 POINTS OF CONTACT (FEB 2024)

Communications with the Contractor will be conducted with the identified Point(s) of Contact (POC). Should a change in POC be required, the Contractor shall initiate this request through notification to the Contracting Officer.

Contracting Officer Name: Adam Venhaus Organization/Office Symbol: PL8413 Phone No.: 618-418-6272 E-Mail Address: adam.m.venhaus.civ@mail.mil

Contract Specialist Name: Adam Venhaus Organization/Office Symbol: PL8413 Phone No.: 618-418-6272 E-Mail Address: adam.m.venhaus.civ@mail.mil

COR/Mission Partner Point of Contact (Note: To be filled in upon contract award) Name:

Organization/Office Symbol:

Phone No.:

E-Mail Address:

Contractor Point of Contact Contractor Legal Business Name:

UEI:

CAGE CODE:

Contractor POC:

E-Mail Address:

Phone Number:

(End of Text)

G2 LINE ITEM AND CONTRACT/ORDER CLOSEOUT (OCT 2021)

Dormant and/or excess funds consist of funds that are primarily in “expired” or “cancelled” status. Expired funds are no longer available for new obligations, but are available for upward adjustments and payments on prior obligations to include payments on contractor invoices. Cancelled funds are no longer available for upward adjustments to obligations or to pay contractor invoices.

Timely contract closeout of the entire contract/order and of completed individual contract line item number(s) (CLIN) and/or sub line item number(s) (SLIN) is a priority under this contract/order. As such, the Contractor shall submit a final invoice no later than ninety (90) calendar days after the expiration of this contract/order and/or at the expiration of any individual CLIN(s)/SLIN(s) that expire before the final expiration of the contract/order (i.e., end item(s) was scheduled to be delivered or the period of performance (base or option year) was completed), unless the Contractor requests and is granted a written extension by the Contracting Officer. In addition, and concurrent with the submission of the final invoice for a specific CLIN/SLIN or for the contract/order in its entirety, the Contractor shall notify the Contracting Officer of the amount of excess funds that can be deobligated from the CLIN/SLIN or contract/order so the deobligation of any excess funds can be completed as soon as possible.

After ninety (90) days from expiration of a CLIN/SLIN, end item delivery, or contract/order in its entirety, unless an extension had been requested and granted by the Contracting Officer in writing, a bilateral contract/order modification to deobligate excess funds and/or closeout the contract/order in its entirety will be forwarded to the Contractor by the Contracting Officer. The modification must be signed and returned to the Contracting Officer within thirty (30) calendar days of receipt . A Contractor’s failure to respond and/or sign the bilateral modification within thirty (30) calendar days of receipt will constitute approval of the terms of the modification and the modification will subsequently be processed unilaterally by the Contracting Officer to deobligate excess funds and/or closeout the contract/order.

For cost reimbursement CLINs/SLINs, contracting officers will use FAR 42.708, Quick-closeout procedures to the maximum extent possible after the contract/order is physically complete. Should the contract/order require audit/review (e.g., audits conducted by the Defense Contract Audit Agency), excess funds/balances from CLIN(s)/SLIN(s) that are not required to satisfy potential adjustments as a result of the review/audit will be removed from the CLIN(s)/SLIN(s) through a bilateral modification. The modification will be forwarded by the Contracting Officer and must be signed by the Contractor and returned within thirty (30) calendar days of receipt. A Contractor’s failure to respond within thirty (30) calendar days of receipt will constitute approval of the terms of the modification and the modification will subsequently be processed unilaterally by the Contracting Officer to remove the excess funds/balances on the associated CLINs/SLINs. If the Contractor disagrees with amount for deobligation they will notify the Contracting Officer promptly with the proposed amount and rationale for deobligation.

Communications with the Contractor will be conducted with the identified Point(s) of Contact (POC) identified in G1 of this contract/order. Should a change in POC be required, the Contractor shall immediately notify the Contracting Officer.

(End of Text)

H1 ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST (OCCI) (JAN 2020)

If the contractor or a subcontractor breaches any of the OCCI restrictions of the contract, to include any OCCI mitigation plan submitted with its offer, or does not disclose or misrepresents any relevant facts concerning its conflict of interest, the government may take appropriate action, including terminating the contract, in addition to any remedies that may be otherwise permitted by the contract or operation of law.

(End of text)

H2 REQUIREMENT TO SUBMIT AN ELECTRONIC PRODUCT LIST (OCT 2021)

The contractor shall submit the following in addition to complying with all requirements of DFARS 252.211-7003, Item Identification and Valuation:

(a) Complete the Electronic Product List (EPL) attached to this contract for all products delivered under this contract. If a copy of the EPL has not been provided with the contract document, the EPL should be obtained from the Contracting Officer. A separate EPL shall be submitted each time products are delivered under this contract, including when products are replaced through a warranty or service support agreement.

(b) The EPL shall be delivered electronically for review and approval to the Acceptor. The Acceptor is the Customer/COR/TM Point of Contact identified in the DITCO additional text titled: Points of Contact, if method of payment is via the government purchase card, or the WAWF point of contact identified in the clause at DFARS 252.232-7006, Wide Area Work Flow Payment Instructions for contracts processed through WAWF. A copy of the EPL shall also be submitted to the DISA Workforce Services and Development Directorate (WSD) at the following email address: disa.meade.mps.list.mps31-warehouse-branch-cam-l@mail.mil

(c) The contractor shall submit the EPL to the Acceptor and WSD in advance of or concurrently with delivery of products. The Acceptor will not accept products delivered under this contract until the EPL is approved.

(d) If the EPL is delivered in advance of the products, the Acceptor will notify the contractor via email if the list is approved or disapproved. If the EPL is delivered concurrently with the products, acceptance of the products delivered via WAWF will also serve as approval of the EPL.

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File details come from the government source that posted it. Updated .