M00264-22-q-0141.docx

M0026422Q0141

Section SF 1449 - CONTINUATION SHEET

SALIENT CHARACTERISTICS

DESCRIPTION OF REQUIREMENT:

SALIENT CHARACTERISTICS:

0001 Sunset West Provence Wrought Iron Club Chair Brand Name or Equal to Model No. SW320121NONSTOCK Equivalent products quoted must meet the following salient characteristics:

· 28”W X 36”D X 36”H

· Mfr Part No.: SW320121NONSTOCK

· Contractor Part No.: 3201-21-NONSTOCK

· Manufacturer: SUNSET WEST

· Warranty: 3 YEARS FINISH, 5 YEARS FABRIC, 10 YEARS FRAME

· Country of Origin: UNITED STATES OF AMERICA

· Weight: 35 LBS

· Color Cushion: Sunbrella Gavin Mist

0002 Sunset West Provence Wrought Iron Rectangular Glass Top Dining Table Brand Name or Equal to Model No. SW3201T84 Equivalent products quoted must meet the following salient characteristics

· 42”W x 84”D x 29”H

· Mfr Part No.: SW3201T84

· Contractor Part No.: 3201-T84

· Manufacturer: SUNSET WEST

· Warranty: 3 YEARS FINISH, 5 YEARS FABRIC, 10 YEARS FRAME

· Country of Origin: UNITED STATES OF AMERICA

· Weight: 170 LBS

· Color: Black

0003 Sunset West Provence Wrought Iron 21 Square Glass Top End Table Brand Name or Equal to Model No. SW3201ET Equivalent products quoted must meet the following salient characteristics

· 21”W x 21”D x 18”H

· Mfr Part No.: SW3201ET

· Contractor Part No.: 3201-ET

· Manufacturer: SUNSET WEST

· Warranty: 3 YEARS FINISH, 5 YEARS FABRIC, 10 YEARS FRAME

· Country of Origin: UNITED STATES OF AMERICA

· Weight: 20 LBS

· Color: Black

0004 Sunset West Provence Wrought Iron Dining Chair Brand Name or Equal to Model No. SW32011NONSTOCK Equivalent products quoted must meet the following salient characteristics

· 24”W x 26”D x 36”H

· Mfr Part No.: SW32011NONSTOCK

· Contractor Part No.: 3201-1-NONSTOCK

· Manufacturer: SUNSET WEST

· Warranty: 3 YEARS FINISH, 5 YEARS FABRIC, 10 YEARS FRAME

· Country of Origin: UNITED STATES OF AMERICA

· Weight: 20 LBS

· Color Cushion: Sunbrella Gavin Mist

0005 Sunset West Provence Wrought Iron Sofa Brand Name or Equal to Model No. SW320123NONSTOCK Equivalent products quoted must meet the following salient characteristics

· 76”W x 36”D x 36”H

· Mfr Part No.: SW320123NONSTOCK

· Contractor Part No.: 3201-23-NONSTOCK

· Manufacturer: SUNSET WEST

· Warranty: 3 YEARS FINISH, 5 YEARS FABRIC, 10 YEARS FRAME

· Country of Origin: UNITED STATES OF AMERICA

· Weight: 93 LBS

· Color: Black

0006 Sunset West Provence Wrought Iron Round Bistro Table Brand Name or Equal to Model No. SW3201BT Equivalent products quoted must meet the following salient characteristics

· 32”W x 32”D x 29”H

· Mfr Part No.: SW3201BT

· Contractor Part No.: 3201-BT

· Manufacturer: SUNSET WEST

· Warranty: 3 YEARS FINISH, 5 YEARS FABRIC, 10 YEARS FRAME

· Country of Origin: UNITED STATES OF AMERICA

· Weight:

· Color: Black

0007 Homecrest 28.3 x 15.5 Rectangular Glass Guard Brand Name or Equal to Model No. HC006086 Equivalent products quoted must meet the following salient characteristics

· 28.3”W x 15.5”D x 5.8”H

· Mfr Part No.: HC006086

· Contractor Part No.: 006086

· Manufacturer: HOMECREST

· Warranty: 15 YEARS RESIDENTIAL AND 5 YEARS COMMERCIAL

· Country of Origin: UNITED STATES OF AMERICA

· Weight:

· Color: Clear

0008 Homecrest Mode Aluminum 60”W X 36”D Rectangular Coffee Fire Pit Table Brand Name or Equal to Model No. HC133660L Equivalent products quoted must meet the following salient characteristics

· 60”W x 36”D x 19”H

· Mfr Part No.: HC133660L

· Contractor Part No.: 133660L

· Manufacturer: HOMECREST

· Warranty: 15 YEARS RESIDENTIAL AND 5 YEARS COMMERCIAL

· Country of Origin: UNITED STATES OF AMERICA

· Weight: 130 LBS

· Color: ONYX and Bronze Fire Glass

0009 Mallin Pasa Robles Aluminum 42” Wide Round F-Slatted Top Chat Height Fire Pit Table Brand Name or Equal to Model No. MALLF042SF042F Equivalent products quoted must meet the following salient characteristics

· 42”D x 25.5”H

· Mfr Part No.: MALLF042SF042F

· Contractor Part No.: LF042S-F042F

· Manufacturer: MALLIN

· Warranty: 30 days

· Country of Origin: UNITED STATES OF AMERICA

· Weight:

· Color: Satin Black

0010 Treasure Garden 58 x 38 Rectangular Chat and Fire pit cover Brand Name or Equal to Model No. EXCP936 Equivalent products quoted must meet the following salient characteristics

· 59”W x 39”D x 12”H

· Mfr Part No.: EXCP936

· Contractor Part No.: CP936

· Manufacturer: TREASURE GARDEN

· Warranty: 2 YEARS ALUMINUM CENTER POLE 1 YEAR ALL OTHER TREASURE GARDEN PRODUCTS

· Country of Origin: UNITED STATES OF AMERICA

· Color: Champagne

0011 Treasure Garden 36 - 42 Round Chat and Fire pit cover Brand Name or Equal to Model No. EXCP929 Equivalent products quoted must meet the following salient characteristics

· 43”D x 12”H

· Mfr Part No.: EXCP929

· Contractor Part No.: CP929

· Manufacturer: TREASURE GARDEN

· Warranty: 2 YEARS ALUMINUM CENTER POLE 1 YEAR ALL OTHER TREASURE GARDEN PRODUCTS

· Country of Origin: UNITED STATES OF AMERICA

· Color: Champagne

52.252-1

FAR 52.212-1 ADDENDUM: INSTRUCTION TO QUOTERS.

Marine Corps Installations – National Capital Region (MCI-NCR) has a requirement for Patio Replacement Furniture. This requirement is in accordance with FAR Part 12 and 13. Required specifications are listed in the Schedule of Supplies within this solicitation.

Customer: The United States Marine Corps, Quantico VA 22134

PROCUREMENT APPROACH: The Contractor’s quoted item descriptions shall reflect the characteristics and level of quality that will satisfy the Government’s need as described in the Schedule of Supplies. A single firm-fixed price purchase order will be issued and it is the Government’s intent to award on an “all-or-none” basis to satisfy this requirement. This procurement is a 100% Small Business set-aside.

PAYMENT TERMS: NET 30-days. Invoices must be submitted via the Wide Area Workflow (WAWF) in accordance with DFARS 252.232-7006 which is included in this solicitation.

REQUIRED DELIVERY: The Government requires delivery of all items No Later than One Hundred eighty (180) Days after receipt of order (ARO).

1. SUBMISSION OF QUESTIONS.

All questions must be submitted to: Edgar Clark Email: edgar.clark@usmc.mil and Elizabeth Rolle at elizabeth.rolle@usmc.mil. by Thursday, 22 September 2022, 12:00PM EST.

1. SUBMISSION OF QUOTES.

Quotes shall be submitted no later than the time and date specified on Block 8 of page 1 of the SF1449 solicitation. Quotes must be submitted via Email to Edgar Clark at edgar.clark@usmc.mil and Elizabeth Rolle at elizabeth.rolle@usmc.mil. Vendors are responsible for ensuring their quotes have been received via email by the date and time specified in Block 8 on Page 1 of this solicitation. Delivery delays that cause a quote to be late are not the responsibility of the Government agency.

Quoters shall provide their full vendor name and any doing business as names as certified in the mandatory System for Awards Management at www.sam.gov. Quotes shall also include a vendor point of contact information (name, phone, and email), Cage Code, and Tax ID (TIN/EIN) number.

CONFIDENTIAL INFORMATION: The Freedom of Information Act (FOIA) and its amendments have resulted in an increasing number of requests from outside the Government for copies of contract qualifications and quotes/proposals submitted to federal agencies. If a Quoter’s submissions contain information that he/she believes should be withheld from such requestors under FOIA on the grounds that they contain “trade secrets and commercial or financial information” (5 USC 552(b)(4)), the Quoter should mark its submissions in the following manner:

The following notice should be placed on the title page: “Some parts of this document, as identified on individual pages, are considered by the submitter to be privileged or confidential trade secrets or commercial or financial information not subject to mandatory disclosure under the Freedom of Information Act. Material considered privileged or confidential on such grounds is contained on page(s) _______.”

(End of provision) TECHNICAL COMPLIANCE: To ensure technical compliance:

a. The quoter must clearly demonstrate that they can meet the solicitation requirements (quoters must provide product literature demonstrating it meets all of the required specifications listed in the solicitation). A mere statement that the quoter will meet the Government’s requirement is NOT sufficient.

b. Clearly state whether the quoter can meet the required Delivery Date. Vendors who cannot meet the required Delivery Date will not be considered technically acceptable.

c. Quoter shall provide other than certified pricing data to assist the Government on determination of prices to be fair and reasonable such as a public price list. Quotes may also provide historical contracts to use to assist Government on price analysis.

52.252-2

FAR 52.212-2 ADDENDUM

ADDENDUM TO 52.212-2 – EVALUATION-COMMERICAL ITEMS

1. TECHNICAL REQUIREMENTS

1.1 FAR 52.212-2 Evaluation

The Government will award a contract under the procedures available at FAR 13.5, simplified acquisition procedures, to the responsible Quoter, whose quote is most advantageous to the Government with appropriate consideration given to the evaluation factors identified below. The objective of source selection is to select the quote that represents the best value to the Government.

The evaluation factors are as follows:

1. Factor 1 – Technical Acceptable

1. Factor 2 – Price

1. Basis for Award.

2.1 The Government reserves the right to award without discussions. Therefore, each initial offer should contain the quoter’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct exchanges if determined necessary by the Contracting Officer.

2.2 Evaluation Factors: The Contractor shall address the following factors:

2.2.1. Factor 1 – Technical Acceptability – The Quoter shall clearly demonstrate its technical ability to meet the requirements to include quantity; quality; and timeliness of delivery.

2.2.2. Factor 2 - Price – The price factor will be evaluated for completeness and reasonableness. The Quoter shall complete pricing for each CLIN as required and submit applicable supporting documentation. The Quoter shall provide sufficient price information to allow the Contracting Officer to determine the completeness and reasonableness of the proposed prices. No ambiguities of inclusion, exclusion, or content shall be extended and lack of content or clarity with regard to pricing shall be considered as representing a “non-responsive” proposal.

2.3 Award Decision: The award decision will be made as follows:

(1) Step One – Determine Technical Acceptability. The technical evaluation Factor 1, will assess the Quoters capability to satisfy the Government’s requirement. The Government will evaluate all quoted technical capabilities received by the required date/time.

(3) Step Two – Evaluate Price. The Quoter’s price quote will be evaluated to ensure price reasonableness relative to the Government’s independently developed estimate and/or competitive bids received.

(4) Step Three – Award Decision. Award will be made to the quote representing the best value to the Government.

Sunset West Provence Wrought

FFP

Sunset West Provence Wrought Iron Club Chair Mfr#: SW320121NONSTOCK FOB: Destination

PURCHASE REQUEST NUMBER: M549002146591

PSC CD: 7195

NET AMT

Sunset West Provence Wrought

Sunset West Provence Wrought Iron Rectangular Glass Top Dining Mfr#:SW3201T84 FOB: Destination

NET AMT

Sunset West Provence Wrought

Sunset West Provence Wrought Iron 21 Square Glass Top End Mfr#:SW3201ET FOB: Destination

NET AMT

Sunset West Provence Wrought

Sunset West Provence Wrought Iron Dining Chair Mfr#:SW32011NONSTOCK FOB: Destination

NET AMT

Sunset West Provence Wrought

Sunset West Provence Wrought Iron Sofa Mfr#:SW320123NONSTOCK FOB: Destination

NET AMT

Sunset West Provence Wrought

Sunset West Provence Wrought Iron Round Bistro Table Mfr#:SW3201BT FOB: Destination

NET AMT

Homecrest Glass Guard

Mfr#:HC006086 FOB: Destination

NET AMT

Homecrest Coffee Fire Pit Tab

Homecrest Coffee Fire Pit Table Mfr#:HC133660L FOB: Destination

NET AMT

Height Fire Pit Table

Mfr#:MALLF042SF042F FOB: Destination

NET AMT

Treasure Garden 58x38 Fire Pi

Treasure Garden 58x38 Fire Pit Cover Mfr#:EXCP936 FOB: Destination

NET AMT

Treasure Garden 36x42 Fire pi

Treasure Garden 36x42 Fire pit cover Mfr#:EXCP929 FOB: Destination

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

FOB: Destination

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

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

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

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

____ (10) [Reserved]

____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

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

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (SEP 2021) of 52.219-9.

____ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

X (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

____ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

X (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

____ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

X (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

____ (36) 52.222-54, Employment Eligibility Verification (NOV 2021). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

X (48) 52.225-1, Buy American--Supplies (NOV 2021) (41 U.S.C. chapter 83).

X (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (JAN 2021) of 52.225-3.

____ (iii) Alternate II (JAN 2021) of 52.225-3.

____ (iv) Alternate III (JAN 2021) of 52.225-3.

X (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

_____ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

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

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) _____ (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (NOV 2021) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

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):

https://www.acquistion.gov https://www..acq.osd.mil/dpap/dars/dfarspgi/current

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) For fixed price line items—

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

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

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

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

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

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

(v) For commercial item financing, submit a commercial item 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*

(*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.

TO BE PROVIDED

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

Contract Specialist: TO BE PROVIDED Contracting Officer: TO BE PROVIDED

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

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