Solicitation_1449_Ultrasonic_Weapon_Cleaning_Tank_and_Service.docx

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Ultrasonic Weapons Cleaning Tanks and Service
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M00264-19-Q-0175
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Solicitation 1449

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M0026419Q0175

Section SF 1449 - CONTINUATION SHEET

FAR 52.212-1 ADDENDUM: INSTRUCTIONS TO QUOTERS--COMMERCIAL ITEMS

GENERAL INTENTION. Marine Corps Installations – National Capital Region (MCI-NCR) has a commercial requirement to lease four Ultrasonic Weapons Cleaning Tanks with monthly Service. In accordance with FAR Part 12 and 13, the MCI-NCR Regional Contracting Office is issuing a solicitation for the acquisition of such supply. Required specifications are listed in Schedule of Supplies/Services within this solicitation.

CUSTOMER:The Basic School C405 4S
24164 Belleau Ave
Marine Corps Base (MCB)
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/Services. A single firm-fixed price award 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.

PAYMENT TERMS: NET 30. Invoices must be submitted via the Wide Area Work Flow (WAWF) in accordance with DFARS 252.232-7006.

REQUIRED DELIVERY/PERIOD OF PERFORMANCE: The Government requires a twelve month base period, with provisions for four (4) twelve-month option periods. The base period of performance shall start on or around 15 September 2019 and run twelve months from the start date. The vendor will be given at least 10 days notice prior to the start of the performanace period. If all Options are exercised (at the discretion of the Government), the period of performance will be broken down as follows:

Base Period
15 September 2019 – 14 September 2020
Option Period One
15 September 2020 – 14 September 2021
Option Period Two
15 September 2021 – 14 September 2022
Option Period Three
15 September 2022 – 14 September 2023
Option Period Four
15 September 2023 – 14 September 2024

The Government intends to make a single award Firm Fixed Price (FFP) award with FFP CLINs for one, (1) twelve-month base period, plus four (4), twelve (12) month option periods, to be exercised at the discretion of the Government (see FAR 52.217-9, Option to Extend the Term of the Contract). The Government makes no guarantee that the option periods will be exercised. It will be the Government’s unilateral right to exercise any option periods providing that the Notice of Intent is provided to the contractor within the time specified in FAR 52.217-9 of the contract and, once option periods are exercised; the Contractor is required to perform the work when ordered during the scheduled period of performance of the award.

Note: Vendor will not be paid in advance for the four (4) twelve-month Option Periods. Due to fiscal law, the Government is prohibited from paying in advance and obligating for more than 12 months. As a result, the twelve-month Option periods are not guarenteed and the Government may choose not to exercise the Options for any reason. Additionally, the established prices at award cannot be changed post-award. The successful quoter will not be able to request an increase to price after award has been made. If quoters have identified that the manufacturer will not allow resellers to quote Options, quoters shall notify the contract specialist immediately during the solicitation phase, so that an Amendment may be issued removing the Option Periods.

TECHNICAL COMPLIANCE: To ensure technical compliance:

1. The quoter must provide detailed product literature with the quotes to demonstrate that the weapons cleaning tanks meet the required specifications as outlined in the Statement of Work. Additionally, quotes must include manufactuer name and manufacturer part number of tanks offered for rental. A mere statement that the quoter will meet the Government’s requirement is NOT sufficient.

1. Quotes must outline the rental terms and conditions of the required weapons cleaning tanks.

1. Clearly state whether the quoter can meet the required period of perfomance. Quotes that fail to clearly specify the required period of performance will not be considered technically acceptable.

1. Quotes must complete and return the Attachment #1 FAR 52.204-24 Provision. Failure to complete and return this with the quote may result in the quote not being considered for award.

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 shall be submitted electronically via electronic mail (e-mail) to Captain Richard Yu at richard.yu@usmc.mil Vendors are responsible for ensuring their quotes have been received by the Contract Specialist, Captain Richard Yu 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.

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) _______.”

52.212-2 ADDENDUM: EVALUATION – COMMERCIAL ITEMS

EVALUATION. The award basis will be based on lowest price technically accpetable. The Government intends to make a single Firm Fixed Price award to satisfy this requirement. The Government reserves the right to award no contract at all, depending on the quality of offers submitted.

The Government intends to evaluate quotes and award a contract without discussions with vendors. Vendors should not expect requests for clarification or additional information from the Government. Award will be based on the initial evaluation of quotes received in response to the solicitation. Therefore, quoters are cautioned that their initial quotes should contain their best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions with vendors if later determined by the Contracting Officer to be necessary. The Government may reject any or all quotes if such action is in the public interest; and may waive informalities and minor irregularities in quotes received.

The following ratings/definitions will be utilized:

RATING
DEFINITION
Acceptable
Quote meets the requirements of the solicitation.
Unacceptable
Quote does not meet the requirements of the solicitation.

The Government may use information such as Contractor Performance Assessment Reporting System (CPARS), DoD PPIRS and the FAPIIS data available from Government sources to evaluate a Quoter's past performance.

PRICING. The price quote should avoid ambiguities of inclusion, exclusion, or content. Quoters shall provide pricing for a period of twelve months, with provisions for four (4) twelve-month option periods. The Government intends to make a single award Firm Fixed Price (FFP) award with FFP CLINs for one, (1) twelve-month base period, plus four (4), twelve (12) month option periods, to be exercised at the discretion of the Government (see FAR 52.217-9, Option to Extend the Term of the Contract). The prices for all option items will be evaluated in accordance with FAR 52.217-5, Evaluation of Options. The Government makes no guarantee that the option periods will be exercised. It will be the Government’s unilateral right to exercise any option periods providing that the Notice of Intent is provided to the contractor within the time specified in FAR 52.217-9 of the contract and, once option periods are exercised; the Contractor is required to perform the work when ordered during the scheduled period of performance of the award.

The Government will evaluate Quoter’s quoted prices, but this factor will not be given an adjectival rating. Quotes will be evaluated on completeness, accuracy, and reasonableness. Evaluation of the quoted prices for the services will be based on a comparison of quoted prices received in response to the solicitation and may also be based on a comparison to the Independent Government Cost Estimate (IGCE) along with any other relevant price analysis techniques defined in FAR as appropriate.

Reasonableness. For the price to be reasonable in its nature and amount, it should not exceed that which would be incurred by a prudent person in the conduct of a competitive business. Reasonableness takes into account the context of a given source selection, including current market conditions, general economic conditions, and other factors that affect the ability of a Quoter to perform the contract requirements. Normally, adequate price competition establishes a fair and reasonable price.

Completeness and Accuracy. The Government will review the pricing tables for completeness and accuracy. A determination will be made as to whether the Quoter properly completed the pricing tables. The Quoter’s quote will be checked for mathematical correctness to include the following:

1) Checking arithmetic in all computations; and

2) Ensuring all prices are summarized correctly

(End of provision)

STATEMENT OF WORK

STATEMENT OF WORK

WEAPON CLEANING SYSTEM AND SERVICES

1. SCOPE

The requirement is to provide a total of 4 (four) aqueous based weapons cleaning systems and services for the cleaning of weapons at The Basic School Armory. This requirement is not for the purchase but it is for the lease/rental of such equipement. These services are to include all necessary equipment, labor and material/supplies for recycling/disposal of all cleaning and lubricating agents and filter media for weapons cleaners at The Basic School Armory, Bldg #24018, Marine Corps Base (MCB) Quantico, VA 22134.

2. ULTRASONIC WEAPONS CLEANERS

The Contractor shall provide, 20-gallon ultrasonic cleaners with the following minimum features:

(a) All cleaners shall conform to the Underwriters Laboratory (UL) standards;

(b) Dual steel tanks, one (1) 10 gallon tank for cleaning and one (1) 10 gallon tank for lubrication, (with closeable metal cover) with minimum dimensions of 42” long X 10” wide and 10” deep;

(c) Be powered by a 100-120V, 50/60Hz AC power source;

(d) Adjustable temperature-regulated heating element for each tank;

(e) A drain faucet to provide spill proof draining of each tank;

(f) A filtration system incorporated in the unit for the cleaning tank with removable/replaceable filter element.

(g) Weather resistant to allow for outside operation all year;

(h) A freeze control system;

(i) Self-contained mobile system with locking casters; and

(j) Constructed of a minimum of 12 gauge stainless steel;

3. SERVICES

The Contractor shall provide the following services:

3.1. The Contractor shall deliver and set-up equipment to ensure that all stations are adequately filled and serviced so that all tanks are in full service at all times during the term of the contract.

3.2. The Contractor shall schedule and perform regular scheduled maintenance on each unit in accordance with the manufacturer’s recommended maintenance schedule. The maintenance event frequency must be sufficient to ensure each cleaner is capable of effectively cleaning an average of 100 weapons per day between each scheduled event.

3.3. The Contractor will repair, replace and/or adjust all parts washer components, filtration system, and pump system as needed during each scheduled maintenance event.

3.4. The contractor will replace and/or replenish fluids as needed during each service.

3.5. The contractor shall be responsible for the proper disposal of all fluids and filters in accordance with local regulations, and providing documentation to the government that disposal has been completed.

3.6. The Contractor shall perform all functions relative to the weapon cleaning systems operations to include the mechanical upkeep of the units, response to trouble calls relative to the same units, and the generation and processing of administrative functions to include invoices, and hazardous waste manifests.

3.7. The Contractor shall accomplish repairs, provide replacement equipment, and relocate equipment, as required, within two (2) working days after notification, at no additional cost to the Government.

4. RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)

4.1. RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) rules and regulations for utilizing the Uniform Hazardous Waste Manifest system shall apply. All transporting, storing, treatment, recycling and/or disposal is to be performed by the Contractor and its employees, vehicles, and facilities. The solvent shall be recycled to the maximum extent feasible. “Recycle to the maximum extent possible” is defined as recycling this material for reuse to its original intended purpose as a cleaning solvent. Burning of this material for energy recovery is not the intent of this specification and will not be considered recycled.” The Contactor shall be licensed and permitted by applicable State/Federal regulatory agencies to transport, store, treat, recycle, dispose, and otherwise handle hazardous waste.

4.2. The Contractor shall furnish a legible copy of the Uniform Hazardous Waste Manifest to Commander, NREA Branch (B 046), Marine Corps Base, 3250 Catlin Avenue, Quantico, VA 22134-5001 for verification and signatures(s) on the day of collection and transportation of the used solvent.

The manifest shall reflect the total poundage collected/transported and all other information necessary for the completion of the Generator’s Annual Hazardous Waste Report.

4.3. The Contractor shall ensure that hazardous wastes are properly disposed of in an Environmental Protection Agency (EPA) approved facility.

5. WASTE MINIMIZATION SERVICE

The Contractor shall manage their contractor owned equipment; however, contractor is encouraged to minimize waste generation. For example, the Contractor changes solvent when it becomes too dirty or spent and therefore ineffective. Otherwise, the Contractor is encouraged to top up with fresh solvent. The Contractor shall change the filter at each service.

6. EQUIPMENT

6.1. All equipment shall be contractor-owned.

6.2. The Contractor shall provide equipment with labeling which will instruct the operator of the equipment concerning the proper operation in accordance with Occupational Safety and Health Administration (OSHA) 1910.145 and OSHA 1910.1200.

6.3. All servicing of solvent tanks shall be completed during the “regular working days/hours” aboard MCB, Quantico, VA. Regular working days/hours are defined as Monday through Friday, 0730 to 1630, excluding Federal holidays.

6.4. The Contractor shall place all contractor-owned tanks in the area next to tanks already in use to allow for start-up on effective date of contract. The incumbent Contractor will remove all contractor-owned equipment within 30 days of expiration date of the current contract.

7. CLEANING AGENT DESCRIPTION

The cleaning agent for the ultrasonic parts cleaners shall be aqueous based conforming to the following:

(a) Product shall be a water based product with a dilution ratio of a minimum of 5-20 to 1. Inhibited to help protect sensitive metals like aluminum and brass. Product shall be a biodegradable, non-solvent solution non-flammable water based product. Contain quality surfactants, wetting agents, emulsifiers, cleaners and rust inhibitors. Rinses freely and is compatible with most oil water separators;

(b) Used in Weapon cleaning systems, vibratory or ultra-sonic devices and spray bottles. Is able to strip carbon and all powder fouling and encrusted deposits of carbon, grease, grime and oil on aluminum, magnesium, stainless steel and other metal gun parts.

(c) Product shall show no adverse effects on the health of personnel when used for its intended purpose. Be non-caustic to help eliminate caustic burns and fumes. Be non-petroleum to help eliminate fire hazard and disposal problems.

(d) Product will easily dissolve in water and require little to no agitation to stay well mixed. Operating temperature range will be effective from Ambient/Room temperature to 180°F (up to 71°C). Dwell time for cleaning shall be no more than 5 to 15 minutes for maximum cleaning.

(e) Solution shall be able to be filtered in system and reused until Total Dissolved Solids (TDS) reach a high concentration where at this time the spent solution shall be disposed of according to all applicable disposal standards.

8. LUBRICANT DESCRIPTION

The lubricant shall conform to the following specifications:

(a) Product shall not separate, become sticky, or dry out and leave any tacky residue behind. It shall not attract and hold firing residue, dust or dirt particles like petroleum products. Product shall meet or exceed the requirements of MIL-SPEC: MIL-PRF-63460D;

(b) Solution shall be designed for use in Ultrasonic cleaning equipment and spray bottles. Displaces water and provides a corrosion resistant barrier against rust and dirt. Has passed the Salt Spray Corrosion (ASTM B-117) 150 Hour test.

(c) Product shall show no adverse effects on the health of personnel when used for its intended purpose. Contains no ozone depleting compounds and meet Virginia Clean Air Act (VOC) requirements.

(d) Able to be used at temperatures from -60 Deg F to a +180 Deg F.

9. PERMITS AND RESPONSIBILITIES

9.1. The Contractor shall, without additional cost to the Government, be responsible for obtaining and holding all necessary licenses and permits, the preparation of all manifests and documentation, and for complying with any applicable Federal, State and Municipal Laws, Base Orders, Codes and Regulations in connection with the performance of all service work.

9.2. The Contractor shall be responsible for all damages to persons or property that occur as a result of fault or negligence. The Contractor shall take proper safety and health precautions to protect the work area, workers, public, and the property of others.

9.3. The Contractor shall furnish Material Safety Data Sheets (MSDS) as required by the Toxic Substance Control Act, Part 19904 and Section 1910.20 for each type of solvent used at each location.

9.4. License. If required by State or general statute for these fluids, the Contractor shall possess a current license for the transportation of Hazardous Materials/Waste while within the State of Virginia. The Contractor shall possess all licenses and permits required by any State or Federal agency having control over the transport, treatment, storage, or disposal of solvents.

9.5. Prior to award, copies of all permits, licenses, Material Safety Data Sheets (MSDS), etc., shall be provided by the Contractor to the COR and the Contracting Officer, MCB, Quantico, VA.

10. SPILL RESPONSIBILITY

10.1. The Contractor shall exercise due diligence to prevent, contain, and respond to spills of any hazardous substance regulated by environmental law. Maintain spill clean-up equipment and materials at work site.

10.2 In the event of a Contractor-responsible spill, the Contractor shall take prompt, effective action to stop, contain, curtail, or otherwise limit the amount, duration, and severity of the spill release.

Immediately (within 15 minutes), notify the Base or Activity Fire Department by calling 911, the Command Duty Officer, the Contracting Officer, and Environmental Compliance Section (COR) of NREAB at (703) 784-4030. If the Contractor’s response is inadequate, the Navy may respond. The Contractor shall reimburse the Government for spill response assistance and analysis.

10.3. The Contractor is responsible for verbal and written notifications as required by 40 CFR 355, State, and Local regulations, and Naval instructions. Spill response will be in accordance with 40 CFR 300 and applicable State and Local regulations. Contain and clean up these spills without cost to the Government.

If Government assistance is requested or required, the Contractor will reimburse the Government for such assistance. Provide copies of the written notification and documentation that a verbal notification was made within 20 working days after spill.

10.4. The Contractor shall reimburse the government for spill response assistance and analysis to include labor, material, equipment, and clothing generated during any Contractor-responsible spill cleanup if:

(a) The Contractor has not begun spill cleanup procedures within one (1) hour of spill discovery/occurrence, or;

(b) If, in the Government’s judgment, the Contractor’s spill cleanup is not adequately abating life threatening situations and/or is a threat to any body of water or environmentally sensitive areas.

NMCARS 5237.102-90 Enterprise-wide Contractor Manpower Reporting Application (ECMRA).

The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the rental of equipment via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications Transmission (D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

The contractor is required to completely fill in all required data fields using the following web address: https://www.ecmra.mil.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://www.ecmra.mil.

BASE ACCESS

Base Access: All contractors entering Marine Corps Base Quantico are required to follow the installation’s base access instructions.

Base Access - Defense Biometric Identification System (DBIDS) Frequently Asked Questions

Where do I register for DBIDS?

Individuals must pre-enroll, go to https://dbids-global.dmdc.mil/enroll#!/ and complete the registration process (PMO bldg. 2043 or at the Commercial Vehicle Inspection Lot near the MCCS Outdoor Adventures Center and Game Check Station) within 30 Days. Print out the online confirmation and bring to the base to complete the process.

To complete your DBIDS processing and receive your DBIDS credential, visit the MCB Quantico Commercial Vehicle Inspection (CVI) Lot or the Provost Marshal's Office bldg. 2043. Please allow 10 days from your online pre-registration date for Processing of your information, and bring your pre-registration confirmation printout.

Does everyone in a vehicle need to be registered in DBIDS?

All individuals requiring routine access to the installation will need to register.

What happens if I don't pre-enroll?

Pre-enrollment helps to expedite the processing time before checking in at the Provost Marshal's Office or CVI-Lot. There will be additional delays if the pre-enrollment is not completed in advance.

How long does registration take?

Registration times will vary. If you complete pre-enrollment before coming to Quantico, registration should only take a few minutes.

If I have a DBIDS card at another base, do I need to register again for Quantico?

Yes, go directly to PMO or the CVI Lot with your DBIDS card to receive MCB Quantico permissions.

FOR CONTRACTORS & VENDORS

Base Access Control is intended to process contractors & vendors who conduct official business aboard MCB Quantico at either the MCB Quantico Commercial Vehicle Inspection (CVI) Lot or the Provost Marshal's Office bldg. 2043.

Business Hours: 6:00 a.m. - 3:00 p.m. (Mon-Fri) CLOSED on Saturday/Sunday 703 432-0603 or 703 784-4423 Quantico_DBIDS@usmc.mil

Visit the Quantico Base Access Webpage for all the details: https://www.quantico.marines.mil/Base-Access/.

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
12
Months

Weapons Cleaning Tank Rental

FFP

BASE PERIOD

Leasing and servicing for 4 weapons cleaning tanks in accordance with the Statement of Work.

FOB: Destination

MILSTRIP: M3030019SU9SLIP

PURCHASE REQUEST NUMBER: M3030019SU9SLIP

PSC CD: W079

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
12
Months
OPTION
Weapons Cleaning Tank Rental

FFP

OPTION PERIOD ONE

Leasing and servicing for 4 weapons cleaning tanks in accordance with the Statement of Work.

FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
12
Months
OPTION
Weapons Cleaning Tank Rental

FFP

OPTION PERIOD TWO

Leasing and servicing for 4 weapons cleaning tanks in accordance with the Statement of Work.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
12
Months
OPTION
Weapons Cleaning Tank Rental

FFP

OPTION PERIOD THREE

Leasing and servicing for 4 weapons cleaning tanks in accordance with the Statement of Work.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
12
Months
OPTION
Weapons Cleaning Tank Rental

FFP

OPTION PERIOD FOUR

Leasing and servicing for 4 weapons cleaning tanks in accordance with the Statement of Work.

NET AMT

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
1001
N/A
N/A
N/A
Government
2001
N/A
N/A
N/A
Government
3001
N/A
N/A
N/A
Government
4001
N/A
N/A
N/A
Government

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC / CAGE
0001
N/A
N/A
N/A
N/A
1001
N/A
N/A
N/A
N/A
2001
N/A
N/A
N/A
N/A
3001
N/A
N/A
N/A
N/A
4001
N/A
N/A
N/A
N/A

CLAUSES INCORPORATED BY REFERENCE

52.203-18
Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements--Representation
JAN 2017
52.204-7
System for Award Management
OCT 2018
52.204-13
System for Award Management Maintenance
OCT 2018
52.204-16
Commercial and Government Entity Code Reporting
JUL 2016
52.204-18
Commercial and Government Entity Code Maintenance
JUL 2016
52.204-19
Incorporation by Reference of Representations and Certifications.
DEC 2014
52.204-22
Alternative Line Item Proposal
JAN 2017
52.211-17
Delivery of Excess Quantities
SEP 1989
52.212-1
Instructions to Offerors--Commercial Items
OCT 2018
52.212-2
Evaluation - Commercial Items
OCT 2014
52.212-4
Contract Terms and Conditions--Commercial Items
OCT 2018
52.217-5
Evaluation Of Options
JUL 1990
52.232-1
Payments
APR 1984
52.232-39
Unenforceability of Unauthorized Obligations
JUN 2013
52.232-40
Providing Accelerated Payments to Small Business Subcontractors
DEC 2013
52.237-2
Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
52.247-34
F.O.B. Destination
NOV 1991
252.203-7000
Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7002
Requirement to Inform Employees of Whistleblower Rights
SEP 2013
252.203-7005
Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.204-7000
Disclosure Of Information
OCT 2016
252.204-7003
Control Of Government Personnel Work Product
APR 1992
252.204-7015
Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.225-7001
Buy American And Balance Of Payments Program-- Basic
DEC 2017
252.225-7002
Qualifying Country Sources As Subcontractors
DEC 2017
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
252.243-7001
Pricing Of Contract Modifications
DEC 1991
252.244-7000
Subcontracts for Commercial Items
JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019)

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

Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Representation. The Offeror represents that--

It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

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

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

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

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2019)

(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 items:

(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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 89(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, 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 items:

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (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).

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (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).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (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) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) 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 (Aug 2018) (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 (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Aug 2018) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (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 (Dec 2015) (15 U.S.C. 637(m)).

___ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

_X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X__ (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

___ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

___ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (ii) Alternate I (July 2014) of 52.222-36.

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X__ (33) (i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (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.)

___ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (38) (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.

___ (39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

___ (41) (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__ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

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

___ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (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 (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

_X__ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X__ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (50) 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).

___ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

___ (56) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_X__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

___ (iii) Alternate II (Feb 2006) 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 items:

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

___ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 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).

___ (5) 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).

___ (6) 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).

___ (7) 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).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (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, 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 items. 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 (Jan 2019) (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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

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

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xii) 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.

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

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

(xv) 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.)

(xvi) 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)

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(xxi) 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).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii)52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 (insert the period of time within which the Contracting Officer may exercise the option); provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days (60 days unless a different number of days is inserted) before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 Months.

(End of clause)

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):

https://www.acquisition.gov/ and http://farsite.hill.af.mil/vmfara.htm http://www.acq.osd.mil/dpap/dars/dfarspgi/current/

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.acquisition.gov/ and http://farsite.hill.af.mil/vmfara.htm http://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…

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