M00263-23-Q-0019 ICE IDIQ.pdf

M0026323Q0019

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2,000,000 Pound Ice and Freezers

FFP

The contractor shall provide (8) eight freezers to the designated ice stations found on Section: 3; and upon request will deliver pounds of ice as requested to the designated locations.

See the below PWS for further instructions and locations

FOB: Destination

PSC CD: 8960

NET AMT

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

40,000.00 2,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

PERFORMANCE OF WORK STATEMENT

1. Background:

The Recruit Training Regiment (RTR) has a continuous need for freezers and ice deliveries at Marine

Corps Recruit Depot, Parris Island (MCRDPI), South Carolina. Therefore, the Government will issue a firm-fixed price, Indefinite Delivery, Indefinite Quantity (ID/IQ) contract, with a 2-year ordering period. As ice is required per section 2 of the PWS, the Government will issue Delivery Orders (DO) against this contract for the necessary quantities of ice to the designated locations identified in the DO. The first DO against this contract will satisfy the minim guaranteed quantity cited in section B of this document. DO will be issued by the

Regional Contracting Office, aboard Parris Island.

1.1 SCOPE OF WORK: The contractor will provide freezers at (8) locations that are capable of storing up to

7,000 lbs of ice in each location. Additionally, upon request of the Government via a delivery order, the contractor will deliver ice upon request at (8) designated locations on Monday, Wednesday and Friday at 1000 from April to October (HOTSOP), then during the periods from November to March (COLDSOP), deliveries must occur on Mondays and Thursdays by 1000 for a 2 year ordering period.

1.2 Ordering Period: Begins on the date the contract is awarded and ends after 2 Years.

2. REQUIREMENTS

2.1 Freezers

2.1.1 Contractor will provide (8) eight freezers in total, this will be comprised of two (2) outdoor freezer units capable of storing 7,000 lbs of ice at ice stations 2 and 3 (see 2.2.7 for locations). Also provide six (6) outdoor freezers capable of storing 1,000 lbs each at ice stations 1 and 4-8 (see 2.2.7 for locations). (See enclosure 1 for locations)

2.1.2 The contractor shall be responsible for all maintenance requirements without any additional cost to the government.

2.1.3 All maintenance requests shall be completed or equipment replaced within 36 hours from notification to include weekends and holidays.

2.2 Ice Delivery

2.2.1 The reoccuring delivery of ice as required per DO.

2.2.2 The Contractor shall maintain the capability to deliver ice weekly, see paragraph 1.1, no less than 1,000 lbs and no more than 7,000lbs at each designated location. During HOTSOP April - October the estimated weekly requirement is 12,000-24,000 lbs of ice. During COLDSOP November - March the estimated weekly requirement is 6,000-12,000 lbs.

2.2.2.1 The Government shall submit Delivery Orders utilizing the Standard Form (SF) 1449

Solicitation/Contract/Order for Commercial Items, issued by the Regional Contacting Office (RCO). No work shall be allowed to start without a signed Delivery Order. The contractor shall be required to prepare to commence work on each Delivery Order within 12 business hours after issuance of the Delivery Order. Point of contact and telephone information shall be identified for each delivery order by the RCO. The contractor shall furnish all materials and supplies required in a timely manner as requested by the government.

Each DO will identify the exact quantities of ice required at the designated locations.

2.2.3 The contractor will be required to off load the ice and place it inside the freezers at all (8) eight delivery locations

2.2.4 Ice shall be delivered in plastic bags no smaller than 10 lbs and no larger than 40 lbs. Bags used for packaging must be made with odor-free 100% virgin Linear low-density polyethylene (LLDPE) resins, which meet all U.S. Food and Drug Administration (FDA) & United States Department of Agriculture (USDA) requirements for food contact

2.2.5 Ice labels on packaged ice shall meet the FDA Food Labeling requirements. The labels must list the name and place of business of the manufacturer, packer, or distributor of the ice. The labels must also list the net quantity of contents of the product. Ice being a single ingredient food, packaged ice does not need listing of ingredients. In addition, ice does not require a nutrition facts label, unless the package has a nutrient content claim (such as low in sodium). Ice labeled as being from a specific source, such as spring water or artesian well water, must be truthfully labeled and not misleading; in other words, it must really be from that source. The source water must meet all the requirements for such types of source water, as described in the FDA

Regulations

2.2.6 This contract will not exceed 2,000,000 lbs of ice and will not exceed 2 years.

2.2.7 Delivery Locations and Approximate Distance Between Delivery Locations:

Ice Station #1: Building 699 Shanghai St, Parris Island, SC (Distance to AS-26, 2.7 miles)

Ice Station #2: AS-26, 77 Chamber Dr (Distance to Event 6, 2.6 miles)

Ice Station #3: Event 6, Building 42 Pusan Rd, Parris Island, SC Distance to Building 684, 2 miles

Ice Station #4: Building 684, Shanghai St, Parris Island, SC Distance to Building 592, 0.2 miles

Ice Station #5: Building 592 Guantanamo St, Parris Island, SC Distance to Building 598, 0.6 miles

Ice Station #6: Building 598 Boulevard De France, Distance to Building 848, 0.4 miles

Ice Station #7: Building 848 Reykjavik St, Parris Island, SC, Distance to Building, 1.9 miles

Ice Station #8: Building 7022 Tenurue, Parris Island, SC

3. Delivery Tickets

3.1 The Contractor shall furnish the authorized Government Representative with a copy of the Delivery Ticket at the time of delivery. Each delivery ticket shall reflect the DO number, contract Number, Item Number, description of supplies/services and the quantities received. The authorized Government Representative is responsible for inspection and acceptance for all items, prior to certifying items received in Wide Area

WorkFlow (WAWF) for payment.

3.2 The government and the contractor will keep copies of delivery receipts and a delivery order tracking list.

The delivery order tracking list will at a minimum contain: date of delivery, location delivered (there are eight locations), quantity delivered, printed name of government representative present at delivery, signature of government representative, total ice delivered to date, and running total of ice remaining on contract. (See

Enclosure 2)

4. Certification

4.1 The Contractor shall confirm in writing, that they meet or exceed the minimum sanitary requirements for manufacture, storage, and transport of ice as follows and in accordance with the Current Good Manufacturing

Practice in Manufacturing, Packing, or Holding Human Food (Code of Federal Regulation Title 21, Chapter 1, Part 110). Certification shall be provided to the Contracting Officer within 30 days after contract award.

5. General Requirements

5.1 Base Access

5.2 Base Access shall be coordinated with the designated Government Representative. All personnel employed by the contractor, or any representative of the contractor entering MCRD, Parris Island, SC, shall abide by all the regulations of the installation, which may be in effect during the contract period. The Government reserves the right to restrict access to the installation under the contract of any contractor employee, or prospective contractor employee, who is identified as potential threat to the health, safety, security, general well-being, or operational mission of the installation and its population, additional information found in Section G of this document.

5.3 Contract Administration

Technical Point of Contact Contract Point of Contact

Recruit Training Regiment Regional Contracting Office

(843) 228-4176 (843) 228-2151

5.4 Contract Changes/Modifications

In the event of changes, the contracting officer will provide written notification of the changes to the contractor via a bilateral modification to the contract.

5.5 Inspection of Contractor Facilities

The Government reserves the right to conduct an inspection of contract facilities prior to awarding a contract or at any time during the contracted period. The Contracting Officer may be accompanied by a representative from the offices of the General Counsel or Staff Judge Advocate, Inspector General, Preventive Medicine, and

Crime Prevention, Safety and Fire Departments and/or other personnel deemed appropriate by the Contracting

Officer. Such inspection will be performed to ascertain that the Contractor’s manufacturing facility meets the standards established in the Army Regulation 40-657, NAVSUP 4355.4H and MCO P10110.31H

Veterinary/Medical Food Safety, Quality Assurance, and Laboratory Services. Failure to pass the inspection shall be cause for suspension and/or termination of the contract

Enclosure (1) – Delivery Locations

Ice Station #1: Building 699 Shanghai St, Parris Island, SC (Distance to AS-26, 2.7 miles)

Ice Station #2: AS-26, 77 Chamber Dr (Distance to Event 6, 2.6 miles)

Ice Station #3: Event 6, Building 42 Pusan Rd, Parris Island, SC

Ice Station #4: Building 684, Shanghai St, Parris Island, SC Distance to Building 592, 0.2 miles

Ice Station #5: Building 592 Guantanamo St, Parris Island, SC Distance to Building 598, 0.6 miles

Ice Station #6: Building 598 Boulevard De France, Distance to Building 848, 0.4 miles

Ice Station #7: Building 848 Reykjavik St, Parris Island, SC, Distance to Building, 1.9 miles

Ice Station #6

Freezer and Ice Ice Station #5

Freezer and Ice

Ice Station #7

Freezer and Ice

Ice Station #4

Freezer and Ice

Ice Station #8

Freezer and Ice

Ice Station #3

Freezer and Ice Ice Station #2

Freezer and Ice

Ice Station #1

Ice Only

Ice On

Ice Station #8: Building 7022 Tenurue, Parris Island, SC

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

Section G - Contract Administration Data

BASE ACCESS

CONTRACTOR ACCESS TO MCRD PARRIS ISLAND, SOUTH CAROLINA

A. INTRODUCTION

The Commanding General (CG), MCRD/ERR PI grants the privilege to gain access to the Depot, conditionally, to those individuals or organizations that meet the minimum qualifications and conform to regulations. CG, MCRD/ERR PI retains the responsibility to suspend or revoke access privileges if necessitated by and action deemed contrary to maintaining good order and discipline aboard this installation. In order to gain access to Marine Corps Recruit Depot, Parris Island (MCRDPI), SC, non-Federal Government and non-DoD issued ID cardholders require identity proofing and vetting to determine fitness and eligibility for access.

All contractor personnel, to include delivery personnel, who perform work on Marine Corps Recruit Depot Parris Island, SC (MCRDPI) for the cited contract must adhere to the Defense Biometric Identification System (DBIDS) process to gain access MCRDPI provided in paragraphs B and C. Individuals operating a vehicle aboard our military installations are required to have a valid, U.S. Driver’s License, registration, and insurance. If an individual has a foreign driver’s license, said individual must also provide a valid Passport. The contractor shall understand and comply with Depot Order 5512.12A Access Control Regulations.

Marine Corps Installations across the region are transitioning to a new government-owned access control system called Defense Biometric Identification System (DBIDS). This new and enhanced system replaces RAPIDGate and MCESS for contractors and other non-DoD-affiliated personnel requiring installation access. DBIDS is already installed at more than 320 sites with over 5 million registered personnel and unlike previous systems, this one is a free service.

In order to reduce wait time when exchanging your RAPIDGate/MCESS credential, it is highly recommended each applicant pre-register at https://dbids-global.dmdc.mil/enroll#!/.

B. DBIDS ACCESS

DBIDS credentials is now being issued as of October 1, 2018.

You will be automatically enrolled in DBIDS when your ID card is initially scanned at the gate.

Expect a one-time delay of 3-6 seconds as the DBIDS system initially registers your information.

CURRENT CONTRACTORS

- DBIDS credentials will be valid for the duration of your contract, not to exceed five years;

however, re-vetting of individuals’ information will occur each year.

NEW CONTRACTORS

The contractor shall submit a written request on company letterhead to the Contracting Office listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The format for the letter will be provided by the Contracting Office. In addition to the aforementioned letter, the contractor must also submit a contractor https://dbids-global.dmdc.mil/enroll#!/ information sheet on each employee. A template for the letter and contractor informational sheet template will be provided upon contract award. The Contracting Office will endorse the request and forward to the Depot Security Manager Office for processing. This information must be provided to the assigned Contract Specialist and/or Contracting Officer for the contract at least two (2) weeks prior to start of the contracts period of performance.

Contractors must do the following in order to obtain a base access card:

- Submit Contractor Application Form and cover sheet to the Contracting Office

- The Contracting Office will send the form to G3 Security

- Once cleared (weekly list sent out), pre-register at DBIDS o Google DBIDS (1st link) o https://dbids-global.dmdc.mil/enroll#!/

- Take QR code to PMO for badge

- If cleared with the Air Station, an application still needs to be submitted to Security at

Parris Island but we will reciprocate off of their cleared/not cleared for base access.

- New contractors requiring access for over 60 days will receive a credential valid for up to one year.

- New contractors requiring access for less than 60 days will receive a temporary paper pass.

Pending means that there were issues that our office needs to review to determine if the individual will or will not be denied base access.

If you have questions regarding the exchange of a current RAPIDGate/MCESS credential for DBIDS or you are a new contractor seeking enrollment into DBIDS, please contact the Security Office at 843-228-4174.

C. Contractor’s Responsibility A criminal background check conducted by the MCRDPI Security Manager’s Office shall be required for all contractor personnel who make frequent visits to or perform work on the MCRDPI cited in the Contract, prior to the start date of the contract. Contractors are required to review any proposed employee prior to submitting their names for the background check. Depot access will be denied if it is determined that the personnel requesting access are within one of the following categories:

1. On the National Terrorist Watch List.

2. Illegally present in the United States.

3. The subject to any outstanding warrant or criminal summons.

4. Has knowingly submitted an employment questionnaire with false or fraudulent information.

5. Has been issued a debarment order and is currently banned from any military installation.

6. A prisoner on work-release program or currently on felony probation/parole.

7. A registered sex offender.

8. Membership within the previous 10 years in any organization that advocated the overthrow of the U.S. Government or affiliated with any active gang.

9. Is pending any felony charges.

10. Has been convicted of a felony within the last ten (10) years.

11. Has multiple (three or more) misdemeanor criminal offenses to include, but not limited to:

a. Drug Offenses

b. Offenses of violence https://dbids-global.dmdc.mil/enroll

c. Weapons offenses including those where the weapon was used as either the means of the violence or threat of violence

d. Larceny/theft

12. Any reason the Installation Commander deems reasonable for good order and discipline.

No physical badge will be issued. If a contractor’s proposed employees requiring access meet the required criminal background check, upon entry, each contractor employee must present a valid form of identification (Driver’s License). At the front gate, the Provost Marshall’s Office will screen each contractor employee against MCRDPI Security Manager’s Office listing of approved contractor employees. The operator of the motor vehicle must also provide valid registration and current insurance.

D. ADDITIONAL BASE ACCESS GUIDANCE

1. All vehicles are subject to search

2. No Illegal Drugs

3. Firearms are prohibited

4. Fireworks are prohibited

5. Strictly obey speed limits

6. No Cell Phone use while driving

7. DO NOT enter any training, unauthorized, or restricted areas.

8. Military Police Contact Information

i. Emergency Dial – 911

ii. Non-Emergency Dial – 843.228.3444

Contractor’s Letterhead Here

(Date)

From: (Position, Company Name, Phone, Email, and Address)

To: Assistant Chief of Staff, Operations and Training (G-3)

Via: (Requesting Commercial/Contract Employer)

Subj: DEPOT ACCESS REQUEST IN LEIU OF RAPIDGATE; IN CASE OF CONTRACT #

Ref: (a) MARADMIN

Encl: (1) Information Sheet

1. In accordance with the references, it is requested that the following personnel, listed on the enclosure(s), be granted access to MCRD/ERR Parris

Island in support of Contract #___________________________.

2. The term of this contract is considered valid _____________until

_____________ and will require access aboard MCRD/ERR Parris Island during

(hours and days of the week). Personnel aboard the installation working in union with this contract will /will not additionally be required access to any “Restricted Area”.

3. Personnel identified in the enclosures have been advised, understand, and expressly consent to a background investigation conducted by representatives of the U.S. Marine Corps using the personal information provided herein.

4. Personnel understand they will initially be issued one 30 day temporary pass and thereafter will only be able to obtain temporary passes for up to 4 days at a time.

5. Personnel identified in the enclosures have been advised and understand that while working aboard the installation they are subject to and will:

a. Abide by all local, State and Federal Laws and Regulations governing conduct, registration, licensing and traffic flow.

b. Proceed directly to their work area to begin work and depart directly off the Depot once their work day has ended.

c. Not travel into Military Housing areas unless directed to do so by the scope of the contract and with direct authorization from a supervisor/foreman.

6. Any questions regarding this matter should be directed to (Contractor

Rep), (Company Name), at extension (phone number).

(Contractor Company Authorizing

Signature)

ENDORSEMENT

From: (Commercial/Contracting Agency)

To: AC/S, Operations and Training (G-3)

Attn: Security Manager

Subj: ACCESS REQUEST

1. Forwarded Approved; recommend issuance of Temporary Pass.

Print

Signature

DEPOT CONTRACTOR INFORMATION SHEET

COMPANY REQUIRED INFORMATION

Contractor:

Contract # and Contract Expiration Date:

Subcontractor:

Subcontractor Expiration Date:

Company Point of Contact

(Name/Email/Phone #):

EMPLOYEE INFORMATION

U.S. Citizen: Yes No

(Circle One)

SSN: Alien Registration #: Expires:

PERSON INFORMATION

Last Name:

First Name: Middle Name: Sr., Jr., III etc:

Driver’s License Number: Driver’s License State: Driver’s License Country:

Date of Birth: (YYYYMMDD) City of Birth: State of Birth: Country of Birth:

APPEARANCE INFORMATION (Physical Description)

Weight:

Height: Race: Gender: Hispanic? (Y/N) Hair Color: Eye Color:

LOCATION INFORMATION

Contractor: Base Duty Location:

Work Phone:

Home Phone: Cell Phone:

Employer

(Subcontractor Company Name):

Employee Start Date:

Full Home Address:

(including zip code)

Full Mailing Address (If Different):

(including zip code)

Privacy Act Statement: Information requested above, including the Social Security Number, is collected under the authority provided by Title 5 US Code Sec. 301 and Title 44 US Code Sec. 3101. This information is being solicited in order to allow representatives of the U.S. Marine Corps to make a determination regarding access to

Marine Corps Recruit Depot, Parris Island. Disclosure of this information is voluntary, however, failing to provide the information requested above may result in a denial of access to the military facility. Routine use of the information provided shall include, without limitation, all those functions necessary to comply with civil/military administrative and regulatory actions.

Employee’s Signature: ______________________________________________________ Date:

I certify that the above named employee is in our employment and requires access until the indicated expiration date.

Supervisor Signature: ______________________________________________________ Date:

Requires After Hours Access: YES / NO Requires Access to Depot Housing Areas: YES / NO

DEPOT SECURITY MANAGERS OFFICE USE ONLY

Check CLEOC:

Run NCIC Date/Time:

Decision by Security Manager:

CLEOC Narr Added Date/Time:

ENCLOSURE (2)

FOR OFFICIAL USE ONLY

CLAUSES INCORPORATED BY FULL TEXT

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 https://www.sam.gov/

(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.

COMBO

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

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

Contracting Officer.

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

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

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

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

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

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

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

Routing Data Table* https://wawf.eb.mil/ https://wawf.eb.mil/

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0871

Issue By DoDAAC M00263

Admin DoDAAC** M00263

Inspect By DoDAAC M00263

Ship To Code M00263

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert

“See Schedule” or “Not applicable.”)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the

DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition

Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s

WAWF point of contact.

SSgt Marco A Cruz @Marco.Cruz@usmc.mil

(Contracting Officer: Insert applicable information or “Not applicable.”)

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

(End of clause)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020

52.203-3 Gratuities APR 1984

52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-13 System for Award Management Maintenance OCT 2018

52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other

Covered Entities

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services--

Representation.

OCT 2020

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

Commercial Services

DEC 2022

52.232-23 Assignment Of Claims MAY 2014

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2023

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023

252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022

252.225-7036 Buy American--Free Trade Agreements--Balance of

Payments Program--Basic

JAN 2023

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.239-7018 Supply Chain Risk DEC 2022

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act

(50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1002", means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least

51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR

127.300.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror

Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part

19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR

121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it

[ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that--http://www.sam.gov/

(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject to the Equal

Opportunity clause of this solicitation, and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR

Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB

Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy

American --Supplies, is included in this solicitation.)

(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no''.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product,"

"end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy

American-Supplies."

(2) Foreign End Products:

Line Item No. Country of origin

Exceeds 55% domestic content

(yes/no)

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No.

(4) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR

52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' "commercially available off-the-shelf (COTS) item,'' "critical component,'' "domestic end product," "end product," "foreign end product," "Free

Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products (other than

Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act."

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian

End Products) or Israeli End Products:

(iii) The…