HEPP Solicitation SPE8EC25R0003 Sweeper and Scrubber.pdf

DEFENSE LOGISTICS AGENCY

TROOP SUPPORT

700 ROBBINS AVENUE

PHILADELPHIA, PENNSYLVANIA 19111-5096

SPE8EC-25-R-0003 Submission Checklist

This checklist is provided to assist offerors in ensuring their submission is complete. Please verify that all required documents and information are included in your proposal package.

Solicitation document:

Completion of Blocks: 17a, 17b, 30a, 30b, and 30c

Completion of FAR 52.212-3 (if not completed in Sam.gov)

Completion of DFARS 252.247-7023

Completion of Place of Performance – Government Inspection, Acceptance and Shipping Point

Completion of 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

Completion of 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020).

Completion of DFARS 252.225-7020 Trade Agreements Certificate — Basic (NOV 2014) (if applicable)

Completion of Warranty Compliance Confirmation (page 40)

Additional Requirements:

Submission of dated and current Commercial Price lists

Explanation of commercial discount structure

Submission of Commercial Catalogs (for all models offered)

Submission of Commercial Invoices (quantity dependent on the number of models offered)

Submission of OEM Letter of Commitment (if proposing to be a Dealer for another OEM)

Subcontracting Plan (applicable to large businesses only)

Completion of Solicitation Excel Attachments 1 & 2 (Model Pricing and Invoice Analysis).

*Please submit as an excel document

Completion (signature and date) of all available solicitation amendments

Note: Offerors should include this completed checklist with their submission package

Signature of Offeror Representative Date

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000200691

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE8EC-25-R-0003

5. SOLICITATION NUMBER

2025 OCT 17

6. SOLICITATION ISSUE

DATE

Robert F Spadaro Jr PEPCAAF

a. NAME b. TELEPHONE NUMBER (No Collect calls)

Phone: 445-737-7971

2025 NOV 16

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE8EC

DLA TROOP SUPPORT

CONSTRUCTION & EQUIPMENT (HEPP)

700 ROBBINS AVENUE

PHILADELPHIA PA 19111-5096

USA

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

NAICS: 333924

SIZE STANDARD: 900

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

ONE

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

04:00 PM EST

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

"NET 30"

paa0075 Cross-Out paa0075 Cross-Out

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

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

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

Continuation of Blocks from SF 1449

1. Block 8 Offer Due Date/Local Time (Initial) : _____November 16, 2025 @ 4:00 PM (EST)______

2. Block 9

**Submit ONE electronic copy**

(1) ELECTRONIC (EMAILED) COPY

› Submit “Emailed” copies to: HEPPLTCs@dla.mil

Solicitation Number: SPE8EC-25-R-0003

Initial Closing Date and Time: November 16, 2025 @ 4:00 PM (EST) Final Closing Date and Time: November 16, 2034 @ 4:00 PM (EST)

Notes:

1. Hard Copy proposals are NO longer required and will not be reviewed.

2. Hand carried and Transmit “facsimile” offers will NOT be considered for award.

3. Block 12

› Discount Terms – “NET 30” will apply to all awarded contracts

4. Block 17a › Offeror’s assigned Unique Entity Identifier Number (formerly your DUNS number):_______________ (If you do not have a Unique Entity Identifier number, contact the individual identified in Block 7a of the SF 1449 or see 52.212-1, Instructions to Offerors—Commercial Items (paragraph j) for information on establishing a unique entity identifier.)

› Offeror’s assigned Contractor and Government Entity (CAGE) Code:__________________

5. Block 17b Remittance Address: (if different from Contractor/Offeror address in block 17a of the SF 1449.)

6. Continuation of Blocks 19-22:

Schedule of Supplies and Services

The intent of this solicitation is to issue Multiple Indefinite Delivery/Requirements Contracts for Commercial-type Sweeper and Scrubber Equipment used by the U.S. Military, Federal Government Agencies, and other authorized customers of DLA worldwide. Awards will be made to responsible offerors who take no exception to the terms and conditions of the solicitation and whose prices are determined to be fair and reasonable. This method of contracting is intended to provide broad, flexible, efficient, long-term contracts to provide maximum coverage for Sweeper and mailto:HEPPLTCs@dla.mil

Scrubber Equipment along with comprehensive equipment support. Contracts will be awarded to individual contractors for their product line(s) of Sweeper and Scrubber Equipment.

Product lines can include but not be limited to:

• Utility Sweepers

• Warehouse Sweepers

• Street Sweepers

• Sewer Cleaners

• Runway Sweepers

• Airfield Sweepers

• Vacuum Loaders

• Catch Basin Cleaners

• Scrubbers

Each item delivered under the resulting contracts shall be new and the most recent version of the manufacturer’s commercial product. Each product offered shall include all standard components that are offered in the commercial marketplace. The equipment shall be in full and good operating condition, which includes but is not limited to having all fluid levels filled to normal operating ranges, when delivered to the destination. One paper and one electronic set of commercial manuals consisting of operator’s instructions, service and repair manuals, and a complete parts list shall be over-packed with each item. Editable/modifiable versions of the commercial manuals, consisting of operator's instructions, service and repair manuals, and complete parts lists shall also be provided to the Government in electronic form upon request, whether at the time of order or at any time thereafter, at no additional cost or expense to the Government. Such information shall not be password protected or restricted upon delivery. The contractor shall provide such documentation upon request, both for the end item and any components integrated into or added to the end item, regardless of whether it is the manufacturer of the item and/or component or subcontracts its manufacture.

Product lines will also include incidental service and support features for each model. Incidental service and support includes but is not limited to operator training, operator certification training, service plans, spare parts support, video packages, extended warranty agreements, and any additional value-added incidental services and support features that the manufacturer or their certified representative(s) offers. This incidental service and support may only be ordered at the time the new equipment is ordered, incidental to and as part of the new equipment order.

Service and support features cannot be ordered as stand-alone items under any resulting contract.

Incidental service and support features will be solicited as part of the Request for Quotation/ Delivery Order process, as required.

CAUTION NOTICE

Items Requiring Special Attention

This procurement is a negotiated acquisition issued on an unrestricted basis. The Government intends to award Multiple, Fixed Price, Indefinite Delivery/Requirements Contracts for the purpose of acquiring commercial Sweeper and Scrubber Equipment.

Offerors must submit proposals in accordance with the requirements of the solicitation.

For specific details regarding submission of proposals, see the provision at FAR 52.212-1 Instructions to offerors - Commercial Items. Offerors’ proposals will be evaluated based on all of the solicitation requirements, including the evaluation criteria listed in provision FAR 52.212-2, Evaluation – Commercial Items.

After the initial contracts are awarded, all subsequent Sweeper and Scrubber Equipment customer requirements will be competed amongst all contract holders and each contract holder will be afforded a fair opportunity to submit offers on the requirements in accordance with FAR 16.505.

The required delivery schedule is between 30/730 days after the date of order. The required delivery schedule will be referenced in each Request for Quotations (RFQs).

The resulting contracts will be for a term of ten years (no options).

The unit prices for the basic contract items will be awarded on an FOB Origin basis. However, the FOB point is Destination for individual Request for Quotations (RFQs). Contract awardees will be required to quote FOB Destination at the time of each individual RFQ, including a separate line item for all associated delivery costs.

All customer requirements will be satisfied on an FOB Destination basis. For items shipped overseas (OCONUS), where the RFQ does not request “door-to-door” delivery, the FOB point will be the point of loading closest to the port of embarkation. The cognizant DCMA office is responsible for designating the port of loading (on non “door-to-door” deliveries). For RFQs requiring “door-to-door” delivery, the FOB point is the ultimate end user’s destination. Delivery to this final destination should be quoted accordingly, with a separate line item for all associated delivery costs.

DLA Troop Support will award only one Requirements Contract per manufacturer’s product(s) or product line.

The solicitation will be open continuously with early consideration for offers received by the initial closing date.

Offers received by the initial closing date will be the only offers included in the initial evaluation process. New offers may be submitted at any time after the initial closing date but prior to the final closing date. The final closing date will be nine (9) years after the initial closing date. Only proposals for the manufacturer’s product(s) or product lines that are not on a contract resulting from this solicitation will be evaluated after the initial closing date. All subsequent proposals for duplicate manufacturer’s products/product lines will be sent back to the prospective offerors unevaluated. Proposals received after the initial closing date will be evaluated after all proposals that were received prior to the initial closing date have been awarded or determined not technically acceptable At the time contracts from this solicitation are awarded, there will still be existing contracts from solicitation SPE8EC-21-R-0002 active under the program. Because the resulting awards will be requirements contracts, there can only be one contract for each manufacturer’s product line. Therefore, manufacturer’s products that are still on contract from the previous solicitation will not be awarded under this solicitation until the contract from the previous solicitation expires or is terminated for convenience or cause.

DLA Troop Support intends to apply inspection and acceptance at destination as the standard practice. Inspection and acceptance at origin will be required only when deemed necessary. Origin Inspection will be required in at least the following instances: Foreign Military Sales (FMS), First Article Test (FAT) requirements, and deliveries to the Port for OCONUS (non “door-to-door” requirements). Note that FAR 52.246-2, Inspection of Supplies – Fixed Price (AUG 1996) is hereby included in this solicitation and any resulting contract as is FAR 52.212-4 Contract Terms and conditions – Commercial Items (OCT 2018) paragraph (a) Inspection/Acceptance. The applicable clause will be determined by the Contracting Officer upon the issuance of each Request for Quotation and resulting Delivery Order.

In the absence of either clause, FAR 52.212-4 Contract Terms and Conditions – Commercial Items (NOV 2023) paragraph (a) Inspection/Acceptance applies.

All delivery orders issued under the resulting contracts will be written/placed only by DLA Troop Support, which will be the ordering office.

FAR Clause 52.216-2, Economic Price Adjustment - Standard Supplies (NOV 2021) is incorporated in full text which allows for price changes (see clause text for details on adjustment requirements). The clause is modified to allow for an aggregate increase not to exceed 20 percent of the original contract unit price and vendors are limited to a maximum of two upward adjustments per year, if requested and fully supported.

Items may be added to the contract as they are added to the awardees’ commercial catalog. Items that become obsolete or discontinued from the commercial catalog may be deleted. Requests for the addition of items, during the contract term, will require submittal of commercial invoices. Requirements for invoices will follow the same manner as the original proposal and will be dependent on the number of models trying to be added (stipulated below).

DFARS 252.247-7023, Transportation of Supplies by Sea is referenced in the solicitation and will be included in all contracts resulting from this solicitation.

Offerors must submit a complete proposal, including commercial catalog prices for all items and commercial catalog prices for all machine attachments and related equipment. The proposal must also include any discounts to be offered on the proposed commercial catalog prices. In addition, offerors must supply pricing support data relating to the proposed products which includes: commercial invoices for items sold commercially, pricing and or discount structure pertaining to commercial customers/dealers, and other supporting documentation that can be used to determine price reasonableness.

This solicitation requires offerors to submit the following:

1.) Commercial Price Lists and Discounts 2.) Commercial Catalogs (descriptive literature) 3.) Commercial Invoices (required number per Invoice requirements)

Refer to 52.212-1 and its addendum for the full list of submission requirements.

Commercial Price Lists and Discounts: Offerors are required to submit pricing and discounts for each model offered, and to include discounts, if any, for commercially available price listed equipment attachments and optional features for each proposed model (See Attachment 1).

Commercial Catalogs: Offerors must submit commercial catalogs and/or other commercially offered descriptive literature that will be used to determine that commerciality of all models, attachments and optional features.

Commercial Invoices: Offerors must submit commercial invoices that will verify commercial sales and discounts offered to the commercial market. Offerors submitting invoices not based on the currently proposed price lists shall provide the corresponding price lists that were in effect at the time the invoices were issued.

OEM’s Letter of Commitment: DLA Troop Support will award one contract per the Original Equipment Manufacturers (OEM) product(s) or product line. Dealers and suppliers, other than the OEM, that wish to be considered for an award must submit an original letter of commitment from the OEM specifically addressing the products or product line, the offeror, and this solicitation. The OEM’s letter of commitment must confirm that the offeror is “the OEM’s sole representative for purposes of the contract and DLA Troop Support's Heavy Equipment Procurement Program (HEPP).” The OEM’s letter of commitment must include assurance “to provide the offeror a guaranteed, uninterrupted source of supply sufficient to satisfy the Government’s requirements for the entire contract period”. The offeror must submit the letter of commitment with the proposal. Failure to provide the guarantees mentioned above will result in elimination of an offeror that is not an OEM from further consideration for award.

Manufacturers’ letters of commitment for the same products or product line from more than one offeror will render all offerors of that manufacturer’s product(s) or product line(s) unacceptable and therefore excluded for award.

This procurement is being solicited on an unrestricted basis. Awards will be made to responsible offerors who take no exception to the terms and conditions of the solicitation, meet all solicitation requirements, and whose prices are determined fair and reasonable. The evaluation criteria for award are contained in FAR clause 52.212-2 Evaluation - Commercial Items.

The following procedures will be used in issuing delivery orders:

A fair notice of intent to make a purchase, including an item description of the equipment to be delivered and the basis upon which the contracting officer will make the selection, will be issued to all contractors who currently hold Sweeper and Scrubber Equipment contracts on contracts resulting from both solicitation SPE8EC-21-R-0002 and this solicitation, unless an exception to fair opportunity applies pursuant to FAR 16.505(b). The Request for Quotations (RFQs)/E-mail notification will identify the customer’s requirements, include reference to specific equipment requirements, and, if applicable, will clearly identify the best value delivery order placement criteria to be used for the specific purchase. Note that DLA’s customer will be responsible for determining whether or not an item is technically acceptable within its sole and exclusive discretion. DLA Troop Support is the designated ordering office and will issue delivery orders in accordance with the delivery order placement criteria specified in the RFQ. No other government activities may place delivery orders against this contract.

All delivery orders will be awarded based on Lowest Price Technically Acceptable (LPTA) unless otherwise specified in the RFQ.

Unless otherwise specified in the Request for Quotations/Delivery Order process, preservation, packaging, and packing shall be of sufficient nature as to preclude damage to the equipment under normal shipping and handling conditions. In accordance with ASTM D 3951 (Standard Practice for Commercial Packaging) and MIL-STD 147, such packaging must conform to industry commercial and military practices and be consistent with applicable carrier regulations, at a minimum. Shipping containers shall be in compliance with National Motor Freight Classification and Uniform Freight Classification requirements. OCONUS shipping must conform to International Air Transport Association regulations and all packaging directions included in the specific delivery order.

The contractor shall be responsible for packaging and over packing the equipment in commercial material of the type, size and kind commonly used for the purpose and so constructed as to ensure preservation of its condition, acceptance, and safe delivery to destination. A packing list/slip containing at least the following information:

Contractor’s name, delivery order number, date of order, itemized list of equipment / attachments/ supplies included in the shipment, manufacturers name, part number, quantity shipped, delivery site, secondary delivery site, if applicable, and any special instructions, shall be enclosed with each shipped order. The line number used in the order shall be duplicated on the packing slip.

Any special packaging or delivery instructions will be specified in the RFQs as applicable.

Offerors must provide a list of any hazardous material to be delivered under this contract and submit a Material Safety Data Sheet for items meeting specific criteria (See FAR 52.223-3 incorporated by referenced and the Hazard Communication Standard Notice).

Large Business concerns must submit a Subcontracting Plan with their offers. For further information on subcontracting plans, please visit: https://www.esrs.gov.

It is anticipated that there will be Sweeper and Scrubber Equipment contracts in place as a result of a prior solicitation (SPE8EC-21-R-0002) and/or subsequent solicitation(s) when this solicitation closes. This solicitation permits overlap with any such solicitation(s) when competing Request for Quotations (RFQs). This solicitation will allow for RFQs to accommodate quotations and the resulting contract delivery orders to be made under active contracts from prior, current, or subsequent solicitation(s) in order to enhance competition to the fullest extent. It should be noted that not more than one contract for a specific manufacturer’s product(s) or product line is permissible at any given point in time.

Contractors shall submit contract retention plans as referenced in FAR 52.212-5(d) and FAR 4.703 no later than forty-five days after the effective contract award date. The contract retention plans must be in accordance with FAR 4.703.

CAUTION – Contractor Code of Business Ethics (Nov 2021)

FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors must have a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business ethics and conduct, contractors must have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C. 3729-3733)

If this solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act. (31 U.S.C. 3729-3733). When FAR 52.203-13 is included in the contract, contractors must provide a copy of its written code of business ethics and conduct to the contracting officer upon request by the contracting officer.

Contract Clauses

FAR 52.212-4 Contract Terms and Conditions – Commercial Products And Commercial Services (Nov 2023)

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

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

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

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

(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, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of 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 shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

(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 invoice; and

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

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

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this 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 52.212-5(b) for the appropriate EFT clause.

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

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor 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 (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

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

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

(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 shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 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 may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

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

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

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment 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 Contracting Officer (see 32.607-2).

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

(v) Amounts shall be due at the earliest of the following dates:

(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 shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(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 may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

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

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

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

(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 shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price 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 shall not be required to 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 shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or 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 shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, 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 warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations 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; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 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 solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(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 shall govern:

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

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the 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 Management (SAM), are incorporated by reference into the contract.

Addendum to FAR 52.212-4:

NOTE: “Inspection/Acceptance shall be in accordance with FAR 52.246-2, Inspection of Supplies – Fixed Price (Aug 1996) or FAR 52.212-4 Contract Terms and conditions – Commercial Items (NOV 2023) paragraph (a) Inspection/Acceptance.”

The applicable clause will be determined by the Contracting Officer upon the issuance of each Delivery Order

(DO).

In the absence of either clause, FAR 52.212-4 Contract Terms and conditions – Commercial Items (NPV 2023) paragraph (a) Inspection/Acceptance applies.

The following paragraph of 52.212-4 is amended as indicated below:

Paragraph (t), System for Award Management.

The following paragraph is added to FAR 52.212-4 (t) System for Award Management:

(a) Definitions.

“System for Award Management (SAM) database” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes.

“Commercial and Government Entity (CAGE) Code” means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or Government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

“Unique Entity Identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

“Registered in the System for Award Management database” means that—

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Contractor and Government Entity (CAGE) code, as well as date required by the Federal Funding Accountability and Transparency Act of 2006, into the SAM database;

(2) The Offeror has completed the Core Data, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service. The Offeror will be required to provide consent for TIN validation to the Government as part of the SAM registration process.

(4) The Government has marked the record “Active”.

FAR 52.211-14 Notice of Priority Rating for National Defense Use, Emergency Preparedness, and Energy Use Program (APR 2008)

Any contract awarded as a result of this solicitation will be ☐ DX rated order; ☒ DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR700), and the Contractor will be required to follow all of the requirements of this regulation.

http://www.sam.gov/

Delivery orders issued under the resultant contracts may be subject to the requirements of the DPAS Regulations, as indicated in the delivery order and by the presence of the clause at FAR 52.211-15 in the delivery order and the provision at FAR 52.211-14 in the RFQ.

L06 Agency Protests (Dec 2016)

Interested parties may file an agency level protest with the contracting officer or may request an independent review by the chief of the contracting office (CCO). Independent review by the CCO is an alternative to consideration by the contracting officer and is not available as an appellate review of a contracting officer decision on a protest previously filed with the contracting officer. Absent a clear indication of the intent to file an agency level protest with the CCO for independent review, protests will be presumed to be protests to the contracting officer.

L02 Electronic Order Transmission (JUN 2020)

Offerors shall select one of the following alternatives for paperless order transmission:

( ) American National Standards Institute (ANSI) X12 Standards through a value added network (VAN) approved by DLA Transaction Services; or ( ) Electronic mail (email) award notifications containing web links to electronic copies of the Department of Defense (DD) Form 1155, Order for Supplies or Services. Offerors must register on the DLA Internet Bid Board System (DIBBS) (https://www.dibbs.bsm.dla.mil/ ) to receive email notification. If the offeror elects ANSI/VAN order transmission, DLA will send Electronic Data Interchange (EDI) transaction sets at time of award. The contractor shall acknowledge receipt of transaction sets with a functional acknowledgement or order receipt message within 24 hours. If the contractor receives the award transaction set on a weekend or Federal holiday, the contractor shall acknowledge receipt on the next business day. This acknowledgement will confirm that the contractor’s interface with the system is working as needed for contract ordering. Offerors can obtain information regarding EDI, ANSI X12 transactions, and VANs approved by DLA Transaction Services at Defense Automatic Addressing System (DAAS) Value Added Network List (https://www.transactionservices.dla.mil/daashome/edi-vanlist-dla.asp).

Offerors should direct questions concerning electronic ordering to the appropriate procuring organization point of contact below: DLA Land and Maritime, Helpdesk.EBS.L&M.LTCs@dla.mil DLA Troop Support, dlaedigroup@dla.mil DLA Aviation, avnprocsysproceddiv@dla.mil, phone # 804-279-4026

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

> FAR: https://www.acquisition.gov/far/index.html;

> DFARS: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html > DLAD: http://www.dla.mil/Acquisition/Documents/DLAD%20Rev%205.htm

The following additional provisions are incorporated by reference:

PROVISION NUMBER TITLE/DATE

https://www.acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.dla.mil/Acquisition/Documents/DLAD%20Rev%205.htm

FAR 52.204-16

FAR 52.204-17

FAR 52.204-20

FAR 52.204-7

FAR 52.209-7

Commercial And Government Entity Code Reporting (Aug 2020)

OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

PREDECESSOR OF OFFEROR (AUG 2020)

System for Award Management (NOV 2024)

Information Regarding Responsibility Matters (Oct 2018)

FAR 52.225-25

Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran - Representation and Certification (Jun 2020)

DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (OCT 2016)

DFARS 252.204-7017 Prohibition On The Acquisition Of Covered Defense Telecommunications Equipment Or Services-Representation (May 2021)

DFARS 252.204-7024 NOTICE ON THE USE OF THE SUPPLIER RISK SYSTEM (MAR 2023

DFARS 52.214-35 Submission Of Offers In U.S. Currency (Apr 1991)

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es)

> FAR: https://www.acquisition.gov/far/index.html > DFARS: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html > DLAD: http://www.dla.mil/Acquisition/Documents/DLAD%20Rev%205.htm

The following additional clauses are incorporated by reference:

CLAUSE NUMBER TITLE/DATE

FAR 52.204-13 System for Award Management Maintenance (OCT 2018)

FAR 52.204-16 Commercial and Government Entity Code Maintenance (AUG 2020)

FAR 52.223-3 Hazardous Material Identification and Material Safety Data (FEB 2021) https://www.acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.dla.mil/Acquisition/Documents/DLAD%20Rev%205.htm

FAR 52.225-18 Place Of Manufacture (Aug 2018)

FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (Jun 2020)

FAR 52.232-17 Interest (MAY 2014)

FAR 52.232-39 Unenforceability Of Unauthorized Obligation (Jun 2013)

FAR 52.242-13 Bankruptcy (JUL 1995)

FAR 52.242-15 Stop Work Order (AUG 1989)

FAR 52.246-15 Certificate of Conformance (APR 1984)

FAR 52.246-16 Responsibility for Supplies (APR 1984)

FAR 52.247-48 F.O.B. Destination – Evidence of Shipment (FEB 1999)

FAR 52.247-52 Clearance and Documentation Requirements -- Shipments to DoD Air or Water Terminal Transshipment Points (FEB 2006)

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (DEC 2022)

DFARS 252.204-7003 Control of Government Personnel Work Product (APR 1992)

DFARS 252.204-7004 LEVEL I Antiterrorism Awareness Training for Contractors (JAN 2023)

DFARS 252.204-7018 Prohibition On The Acquisition Of Covered Defense Telecommunications Equipment

Or Services (Jan 2023)

DFARS 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)

DFARS 252.223-7001 Hazard Warning Labels (DEC 1991)

DFARS 252.225-7002 Qualifying Country Sources as Subcontractors (MAR 2022)

DFARS 252.225-7052 Restriction On The Acquisition Of Certain Magnets, Tantalum, And Tungsten (MAY 2024)

DFARS 252.225-7973 Prohibition On…