Combine Synopsis 23Q0052 Amend 03.pdf

M6740023Q0052

COMBINED SYNOPSIS

AMENDMENT 03, M67400-23-Q-0052

Non-Tactical Vehicle Purchase (Passenger Van)

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This procurement is not a small business set-aside. Therefore, any responsible source may submit a quote. THIS IS AN OCONUS REQUIREMENT:

FAR 19.000 DOES NOT APPLY. North American Industry Classification System (NAICS) code and small business size standard is 336110, which is for “Automobile and Light Duty Motor Vehicle Manufacturing”. This is not a small business set aside and the place of performance will be performed Outside the Continental United States (OCONUS).

This solicitation M67400-23-Q-0052 incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-01 and Defense Federal Acquisition Regulations Supplement Publication Notice (DPN)

20221219. THIS NOTICE CONSTITUTES THE ONLY SOLICITATION.

The Request for Quotation (RFQ) number M67400-23-Q-0052 is for Vehicle Purchase (Passenger Vans) shall be used to reference any written quote provided under this RFQ.

ADDENDUM TO FAR 52.212-1

52.212-1 ADDENDUM FOR INSTRUCTIONS TO OFFERORS – Commercial Products and Commercial Services (Mar 2023)

(1) The quote shall contain all requested products as the contract award will be made in aggregate. Therefore, any quote received without all products priced will be considered non-responsive.

Your quote must include the vehicle technical specification and features.

(2) In addition, offerors are instructed to provide a coversheet and return it along with your quote. Your coversheet must include the following:

i. Company’s Name

ii. Address

iii. City, State, and Zip Code

iv. Name and Title of Point of Contact

v. Phone number and email

vi. Commercial And Government Entity Code (CAGE).

vii. Unique Entity ID (UEI)

viii. Taxpayer Identification Number (TIN) (if applicable)

(3) Validation of Representations and Certifications

Reps/certs completed electronically and registered as current via SAM per 52.212-3 need not be re-submitted.

(a) In accordance with 52.212-3 offerors must identify with its offer/quote, any information regarding its representations and certifications that has changed since updated in SAM.

(b) Alternatively, a completed copy of the representations and certifications at FAR 52.212-3 may be submitted.

(c) Other Representations and Certifications which may be required, but not resident in SAM such as the provision at FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019).

(4) Period for acceptance of quotes.

The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of quotes.

(5) Correspondence.

ALL QUESTIONS must be submitted via email to Takaatsu Sueyoshi (takaatsu.sueyoshi.ja@usmc.mil) and cc.

Joseph Estrella (joseph.estrella@usmc.mil) no later than 3:00 PM, 12 May 2023, Japan Standard Time (JST).

The Government may or may not provide answer for questions received after the question submission due date.

If an offeror believes that the requirements in these instructions contain an error, omission, or are otherwise unsound, the offeror shall immediately notify Takaatsu Sueyoshi (takaatsu.sueyoshi.ja@usmc.mil) and cc.

Joseph Estrella (joseph.estrella@usmc.mil) with supporting rationale.

(6) RFQ Deadline/Due:

Offerors shall submit their response to this RFQ to Takaatsu Sueyoshi (takaatsu.sueyoshi.ja@usmc.mil) and cc.

Joseph Estrella (joseph.estrella@usmc.mil) no later than 3:00 PM, 07 June 2023, Japan Standard Time (JST).

(End of provision)

52.212-2 EVALUATION—Commercial Products and Commercial Services (Nov 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible quoter/offeror

(Contractor) whose quote/offer conforming to the solicitation will be most advantageous to the Government.

(a)(1) The basis for award is PRICE and OTHER FACTORS per FAR 13.106-1 (a)(2).

(a)(2) Evaluation procedures per FAR 13.106-2(b) All quotations or offers will be ranked in order of lowest price to highest price. The lowest-priced quote shall be evaluated first. If the lowest-priced quote/quoter; (i) conforms to all matters with respect to the solicitation; (ii) has satisfactory past performance and (iii) provides a fair and reasonable price: then no other quotes/quoters will be evaluated for award.

(i) Conforming to all matters with respect to the solicitation:

Quotes/Quoters must clearly demonstrate the quoted items meet or exceed the salient characteristics or extended description of supplies; must address each general and performance requirement with respect to the APPENDIX A;

must specify the DELIVERY DATE (MANUFACTURING TIME) FOR EACH item quoted; and must meet all the terms and conditions of the solicitation.

(ii) Past Performance:

The apparent successful, prospective contractor shall have satisfactory past performance. Past Performance shall be evaluated in accordance with FAR 13.106-2(b)(3)(ii) and DFARS 213.106-2(b)(i). Contractors with a rating in the bottom 5% will be deemed “Unacceptable”. Contractors without a record of relevant past performance history may not be evaluated favorably or unfavorably for its past performance history. Contractors are encouraged to submit letters of recommendation from other U.S. contracts.

(iii) Price:

Before making the award, the Contracting Officer will use FAR 13.106-3(a) to determine that the apparent successful, prospective contractor proposed price is fair and reasonable.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

APPENDIX A

CLIN 0001 10-Passenger Van Quantity: 27

10-Passenger Vans All vehicles shall be the newest model and year at the time of delivery and ready for use. Vehicle/Equipment and furnished accessories shall comply with Japanese Motor Vehicle Safety Standards including, but not limited to, exhaust emission control requirement, in effect on the date of manufacture.

Minimum dimensions (metric/inches):

Overall Length: 4,690 mm 184.7 in Overall Width: 1,690 mm 66.5 in Overall Height: 1,990 mm 71.3 in

Vehicle Body

- Exterior color: Manufacturer’s standard white

- Rust proofing and Undercoating: Manufacturer’s standard for Okinawa

- Engine Displacement: Gasoline, Minimum 1,980, Drive: 4x2

- Transmission: Automatic Transmission

Note: The government will accept automatic manual transmission vans, assuming that drivers who only know how to drive vehicles with automatic transmissions can still operate them.

- Suspension: Manufacturer's standard

- Electrical System: Manufacturer's standard

- Air Conditioner: Manufacturer's standard dual type

- Window: Power Window

- Door Lock: Central locking control with keyless remote entry

- Power Steering (Right Hand Drive)

- Brakes: Antilock brake systems (ABS)

- Seats: Manufacturer's standard adjustable head rest

- Tires and Wheels: Manufacturer's standard

- Fuel Tank: Manufacturer's standard

- Battery: New appropriate size/capacity for the engine

Safety Devices

- Air Bags: Front compartment (driver and passenger side)

- Seat Belts: Shall be installed on all passenger seats and driver's seat

- Mirrors: Manufacturer's standard

Accessories

- AM or AM/FM Radio and Speakers

- Back Camera and Monitor

- Floor Mats: Both front and rear compartment.

Note: The government will only accept vinyl or rubber floor mat.

- Triangle Reflector.

Note: Government requires one (1) triangle reflector per vehicle.

- Fire Extinguisher: Class ABC Fire extinguisher 1kg with mounting blankets.

Note: The contractor is required to place the fire extinguisher directly underneath the passenger front seat so that it does not protrude from the seat.

- Film on Window: Manufacturer’s standard dark tinted glasses for all rear compartment Note: Dark-tinted film on dark tinted privacy glass window is acceptable.

- Spare Tire: Manufacturer's standard

- The tire jack is required. A tire stopper is not required.

- All Other Manufacturer’s Standard Items

- The government requires the technical manual and parts catalogs to conduct preventative maintenance, corrective maintenance and other repairs as needed.

CLIN 0002 4-Passenger Cargo Vans Quantity: 11

4-Passenger Cargo Vans (High Roof) All vehicles shall be the newest model and year at the time of delivery and ready for use. Vehicle/Equipment and furnished accessories shall comply with Japanese Motor Vehicle Safety Standards including, but not limited to, exhaust emission control requirement, in effect on the date of manufacture.

Minimum dimensions (metric/inches):

Overall Length: 3,390 mm 133.46 in Overall Width: 1,470 mm 57.87 in Overall Height: 1,830 mm 72.05 in

Vehicle Body

- Exterior color: Manufacturer’s Standard White

- Rust proofing and Undercoating: N/A for MCAS Iwakuni

- Engine Displacement: Gasoline, Not Less Than 657 cc, Drive: 4x2

- Transmission: Automatic Transmission

- Suspension: Manufacturer's standard

- Electrical System: Manufacturer's standard

- Air Conditioner: Manufacturer's standard Heater and A/C

- Window: Power Window

- Door Lock: Manufacturer's standard power door lock

Two (2) For Each Vehicle (Total Of Three (3) Keys Including Original Key)

- Power Steering (Right Hand Drive)

- Brakes: Manufacturer’s Standard

- Seats: Manufacturer's standard, Foldable rear seat

- Tires and Wheels: Manufacturer’s Standard Radial Tires

- Fuel Tank: Manufacturer’s standard no less than 34 Liter tank

- Battery: New appropriate size/capacity for the engine

Safety Devices

- Air Bags: Manufacturer's standard

- Seat Belts: Shall be installed on all passenger seats and driver's seat

- Mirrors: Manufacturer’s standard side mirrors on both doors

Accessories

- AM or AM/FM Radio with Speakers

- Floor Mats: For All Passengers and Cargo Bed

- Triangle Reflector: One (1) reflecting stop plate with holding case for each vehicle

- Windshield Wipers and Washer: Manufacturer’s standard to include intermittent system

- Sun Visors: For both sides.

- Spare Tire: Manufacturer’s Standard Radial Tire

Note: Manufacturer standard temporary tire as a spare tire is acceptable, and if there is no space for a spare tire, mounting the spare tire on the rear seat is also acceptable.

- Tools: Standard tools normally provided by the manufacturer

- Mud Flaps: For Front and Rear Wheels

- All Other Manufacturer’s Standard Items

- The government requires the technical manual and parts catalogs to conduct preventative maintenance, corrective

CLIN 0003 10-Passenger Van Quantity: 4

10-Passenger Vans All vehicles shall be the newest model and year at the time of delivery and ready for use. Vehicle/Equipment and furnished accessories shall comply with Japanese Motor Vehicle Safety Standards including, but not limited to, exhaust emission control requirement, in effect on the date of manufacture.

Minimum dimensions (metric/inches):

Overall Length: 4,690 mm 184.7 in Overall Width: 1,690 mm 66.5 in Overall Height: 1,990 mm 71.3 in

Vehicle Body

- Exterior color: Manufacturer’s standard white

- Rust proofing and Undercoating: N/A for MCAS Iwakuni

- Engine Displacement: Gasoline, Minimum 1,980, Drive: 4x2

- Transmission: Automatic Transmission

Note: The government will accept automatic manual transmission vans, assuming that drivers who only know how to drive vehicles with automatic transmissions can still operate them.

- Suspension: Manufacturer's standard

- Electrical System: Manufacturer's standard

- Air Conditioner: Manufacturer's standard dual type

- Window: Power Window

- Door Lock: Central locking control with keyless remote entry

- Power Steering (Right Hand Drive)

- Brakes: Antilock brake systems (ABS)

- Seats: Manufacturer's standard adjustable head rest

- Tires and Wheels: Manufacturer's standard

- Fuel Tank: Manufacturer's standard

- Battery: New appropriate size/capacity for the engine

Safety Devices

- Air Bags: Front compartment (driver and passenger side)

- Seat Belts: Shall be installed on all passenger seats and driver's seat

- Mirrors: Manufacturer's standard

Accessories

- AM or AM/FM Radio and Speakers

- Back Camera and Monitor

- Floor Mats: Both front and rear compartment.

Note: The government will only accept vinyl or rubber floor mat.

- Triangle Reflector.

Note: Government requires one (1) triangle reflector per vehicle.

- Fire Extinguisher: Class ABC Fire extinguisher 1kg with mounting blankets.

Note: The contractor is required to place the fire extinguisher directly underneath the passenger front seat so that it does not protrude from the seat.

- Film on Window: Manufacturer’s standard dark tinted glasses for all rear compartment Note: Dark-tinted film on dark tinted privacy glass window is acceptable.

- Spare Tire: Manufacturer's standard

- The tire jack is required. A tire stopper is not required.

- All Other Manufacturer’s Standard Items

- The government requires the technical manual and parts catalogs to conduct preventative maintenance, corrective

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 27 Each 10 Passenger Van

FFP

10 Passenger Vans, 4x2, Automatic Transmission, Air Conditioning Engine Displacement; Minimum 1,980 cc gasoline

Salient Characteristics: See APPENDIX A (Offered product must meet or exceed minimum salient characteristics specified)

Manufacturer's Name: _______________________

Vehicle Model Number: ________________________

Delivery Date: _____ days after date of award

* Offerors are required to fill in the above blanks.

Price shall include Door-to-Door shipping, handling and all related costs to Okinawa, Japan.

U.S. Government is exempt from certain taxes; see provisions and clauses.

Do not include sales (consumption) tax with the price.

Fill out the clause 252.229-7001” TAX RELIEF” and “TAX EXEMPTION CERTIFICATE” under FAR 52.229-6.

FOB: Destination

PSC CD: 2310

NET AMT

0002 11 Each 4 Passenger Cargo Van

FFP

4 Passenger Cargo Vans, 4x2, Automatic Transmission, Air Conditioning Engine: Gasoline Engine With No Less Than 657 cc

Salient Characteristics: See APPENDIX A (Offered product must meet or exceed minimum salient characteristics specified)

Manufacturer's Name: _______________________

Price shall include Door-to-Door shipping, handling and all related costs to MCAS Iwakuni, Japan.

U.S. Government is exempt from certain taxes; see provisions and clauses.

Do not include sales (consumption) tax with the price.

Fill out the clause 252.229-7001” TAX RELIEF” and “TAX EXEMPTION CERTIFICATE” under FAR 52.229-6.

0003 4 Each 10 Passenger Van

FFP

10 Passenger Vans, 4x2, Automatic Transmission, Air Conditioning Engine Displacement; Minimum 1,980 cc gasoline

Salient Characteristics: See APPENDIX A (Offered product must meet or exceed minimum salient characteristics specified)

Manufacturer's Name: _______________________

Price shall include Door-to-Door shipping, handling and all related costs to MCAS Iwakuni, Japan.

U.S. Government is exempt from certain taxes; see provisions and clauses.

Do not include sales (consumption) tax with the price.

Fill out the clause 252.229-7001” TAX RELIEF” and “TAX EXEMPTION CERTIFICATE” under FAR 52.229-6.

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 0002 Destination Government Destination Government 0003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 180 dys. ADC 27 G-4, GARRISON MOBILE EQUIPMENT

(GME)

JOSEPH VILAILACK

MCBB G-4/GME UNIT 35001 BLDG. 5822

CAMP FOSTE

KITAMAE 904-0117

098-970-3778

M20223

0002 180 dys. ADC 11 LOGISTICS DEPARTMENT

MR. MASAKATSU TANIMURA

MOTOR TRANSPORTATION DIVISION

BLDG130A MCAS IWAKUNI

2-CHOME, MISUMI-CHO, KANYU-CHI

IWAKUNI-SHI 740-0025

0827794736

M02209

0003 180 dys. ADC 4 (SAME AS PREVIOUS LOCATION)

M02209

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

NOV 2021

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

JUN 2020

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

NOV 2021

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-3 (Dev) Offeror Representations and Certifications - Commercial Products and Commercial Services (Deviation 2023-O0002)

DEC 2022

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

DEC 2022

52.214-34 Submission Of Offers In The English Language APR 1991 52.222-19 (Dev) Child Labor - Cooperation with Authorities and Remedies

(DEVIATION 2020-O0019)

DEC 2022

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 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 DEC 2022 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7021 Alt II (Dev)

Trade Agreements (DEVIATION 2020-O0019) Alternate II JAN 2023

252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 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

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

(a) Definitions. As used in this provision-- Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that--

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM;

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

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

(4) The Government has marked the record ``Active''.

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

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.

(End of Provision) http://www.sam.gov/ http://www.sam.gov/ https://www.sam.gov/

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2018-

O0021) (MAR 2023)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) 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.

(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (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 2022) (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) 52.222-21, 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 (OCT 2015) (38 U.S.C. 4212).

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

(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (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 (Mar 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 Act 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 Act to Contracts for Certain Services- Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

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

(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. Subtitle A, Part V, Subpart G Note).

(xxi) 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.

(xxii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxiii) 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)

52.225-17 EVALUATION OF FOREIGN CURRENCY OFFERS (FEB 2000)

If the Government receives offers in more than one currency, the Government will evaluate offers by converting the foreign currency to United States currency using $1.00=¥127.7677 in effect as follows:

(a) For acquisitions conducted using sealed bidding procedures, on the date of bid opening.

(b) For acquisitions conducted using negotiation procedures--

(1) On the date specified for receipt of offers, if award is based on initial offers; otherwise

(2) On the date specified for receipt of proposal revisions.

(End of provision)

52.233-2 SERVICE OF PROTEST (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Mr. Joseph Estrella (Contracting Officer), MCBB Regional Contracting Office.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the

GAO.

(End of provision)

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):

www.acquisition.gov/far

(End of provision)

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/content/regulations http://www.acquisition.gov/far https://www.acquisition.gov/content/regulations

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter

2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

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

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

Item risk means the probability that a product, based on intended use, will introduce performance risk resulting in safety issues, mission degradation, or monetary loss.

Price risk means a measure of whether a proposed price for a product or service is consistent with historical prices paid for that item or service.

Supplier risk means the probability that an award may subject the procurement to the risk of unsuccessful performance or to supply chain risk (see Defense Federal Acquisition Regulation Supplement 239.7301).

(b) The Supplier Performance Risk System (SPRS), available at https://piee.eb.mil/, will be used in the evaluation of the Quoter or Offeror's performance. SPRS retrieves item, price, quality, delivery, and contractor information on contracts from Government reporting systems in order to develop risk assessments.

(c) The Contracting Officer will consider SPRS risk assessments during the evaluation of quotations or offers received in response to this solicitation as follows:

(1) Item risk will be considered to determine whether the procurement represents a high performance risk to the Government.

(2) Price risk will be considered in determining if a proposed price is consistent with historical prices paid for a product or a service or otherwise creates a risk to the Government.

(3) Supplier risk, including but not limited to quality and delivery, will be considered to assess the risk of unsuccessful performance and supply chain risk.

(d) SPRS risk assessments are generated daily. Quoters or Offerors are able to access their risk assessments by following the access instructions in the SPRS user's guide available at https://www.sprs.csd.disa.mil/reference.htm.

Quoters and Offerors are granted access to SPRS for their own risk assessment classifications only. SPRS reporting procedures and risk assessment methodology are detailed in the SPRS user's guide. The method to challenge a rating generated by SPRS is also provided in the user's guide. SPRS evaluation criteria are available at https://www.sprs.csd.disa.mil/pdf/SPRS_DataEvaluationCriteria.pdf.

(e) The Contracting Officer may consider any other available and relevant information when evaluating a quotation or an offer.

(End of provision) https://piee.eb.mil/ https://www.sprs.csd.disa.mil/reference.htm https://www.sprs.csd.disa.mil/pdf/SPRS_DataEvaluationCriteria.pdf

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

(a) Definitions. As used in this clause-

Automatic identification device means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

Concatenated unique item identifier means--

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number;

and serial number within the original part, lot, or batch number.

Data Matrix means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.

Data qualifier means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

DoD recognized unique identification equivalent means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.

DoD item unique identification means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

Enterprise means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency.

Government's unit acquisition cost means--

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.

Issuing agency means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

Issuing agency code means a code that designates the registration (or controlling) authority for the enterprise identifier.

https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html http://www.aimglobal.org/?Reg_Authority15459

Item means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

Lot or batch number means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

Machine-readable means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

Original part number means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

Parent item means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

Serial number within the enterprise identifier means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

Serial number within the part, lot, or batch number means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

Serialization within the enterprise identifier means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

Serialization within the part, lot, or batch number means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

Type designation means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

Unique item identifier means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

Unique item identifier type means a designator to indicate which method of uniquely identifying a part has been used.

The current list of accepted unique item identifier types is maintained at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier. (1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:

Contract line, subline, or exhibit line item No. Item description

SEE SCHEDULE

https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html

(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract line, subline, or exhibit line item No. Item description

SEE SCHEDULE

(If items are identified in the Schedule, insert “See Schedule” in this table.)

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ----.

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ----.

(v) Any item not included in paragraphs (c)(1)(i), (ii), (iii), or

(iv) of this clause for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology--International symbology specification--Data matrix; ECC200 data matrix specification.

(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that--

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology-Transfer Syntax for High Capacity Automatic Data Capture Media.

(5) Unique item identifier.

(i) The Contractor shall--

(A) Determine whether to--

(1) Serialize within the enterprise identifier;

(2) Serialize within the part, lot, or batch number; or

(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: Original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD- 130, Identification Marking of U.S. Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.

(ii) The issuing agency code--

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) Enterprise identifier (if concatenated unique item identifier is used).

(5) Original part number (if there is serialization within the original part number).

(6) Lot or batch number (if there is serialization within the lot or batch number).

(7) Current part number (optional and only if not the same as the original part number).

(8) Current part number effective date (optional and only if current part number is used).

(9) Serial number (if concatenated unique item identifier is used).

(10) Government's unit acquisition cost.

(11) Unit of measure.

(12) Type designation of the item as specified in the contract schedule, if any.

(13) Whether the item is an item of Special Tooling or Special Test Equipment.

(14) Whether the item is covered by a warranty.

(e) For embedded subassemblies, components, and parts that require DoD unique item identification under paragraph (c)(1)(iii) of this clause, the Contractor shall report as part of, or associated with, the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:

(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.

(2) Unique item identifier of the embedded subassembly, component, or part.

(3) Unique item identifier type.**

(4) Issuing agency code (if concatenated unique item identifier is used).**

(5) Enterprise identifier (if concatenated unique item identifier is used).**

(6) Original part number (if there is serialization within the original part number).**

(7) Lot or batch number (if there is serialization within the lot or batch number).**

(8) Current part number (optional and only if not the same as the original part number).**

(9) Current part number effective date (optional and only if current part number is used).**

(10) Serial number (if concatenated unique item identifier is used).**

(11) Description.

** Once per item.

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:

(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/.

(2) Embedded items shall be reported by one of the following methods--

(i) Use of the embedded items capability in WAWF;

(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or

(iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) ----, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.

(g) Subcontracts. If the Contractor acquires by subcontract any item(s) for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial products or commercial services.

http://dodprocurementtoolbox.com/site/uidregistry/ http://dodprocurementtoolbox.com/site/uidregistry/

252.229-7001 TAX RELIEF (APR 2020)

(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price:

NAME OF TAX: (Offeror Insert) RATE (PERCENTAGE): (Offeror Insert)

(b) Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available. The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.

(c) When items manufactured to United States Government specifications are being acquired, the…