N00406-24-Q-0105 SOLICITATION.pdf

SEE ADDENDUM

(No Collect Calls)

N0040624Q0105 16-Nov-2023

b. TELEPHONE NUMBER

360-476-1118

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 29 Nov 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N004069. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

WILFREDO J. GERVACIO

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SEE SCHEDULE

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVSUP FLC PUGET SOUND

467 W STREET, 2ND FLR

ATTN: WILLY GERVACIO

BREMERTON WA 98314-5100

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

360-476-2931FAX:

TEL: 360-476-1118 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

325510

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF35

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

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

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

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N0040624Q0105

Section SF 1449 - CONTINUATION SHEET

NOTICE TO INTERESTED PARTIES

1. NOTICE TO ALL OFFERORS: The Government anticipates awarding a firm, fixed price contract in response to quotes/proposals received to this solicitation. As a result, the contract's pricing will not be subject to any adjustment on the basis of the contractor's increased costs due to COVID-19 and/or inflationary causes experienced during contract performance. Because a firm, fixed price contract places the maximum risk and full responsibility for all costs and resulting profit or loss on the contractor, offerors are advised to consider these risks when pricing their quotes/proposals.

2. BRAND NAME STATEMENT: This acquisition will be negotiated on a sole source basis with AMERICAN SAFETY TECHNOLOGIES INC. per FAR 6.302. Interested AUTHORIZED DISTRIBUTORS may identify their interest and capability to respond to the requirement or submit proposals prior to offer due date, which will normally be considered solely for the purpose of determining whether to conduct a competitive procurement. A determination not to compete this action based upon responses received to this notice is solely within the discretion of the Government.”

3. This solicitation is for the procurement of NON-SKID COATING COMPOUND in support of SRF YOKOSUKA JAPAN. It is anticipated that this solicitation will result in an award/order of a Firm, Fixed-Price Supply type contract.

4. The entire solicitation shall be filled out, signed, and returned as part of your quote. See block 8 on page 1 of the solicitation for the closing date and time.

5. The deadline for submission of questions regarding the solicitation’s terms, conditions, specifications, and/or the statement of work (SOW) / performance work statement (PWS) is _4_ working days prior to the solicitation’s closing date.

6. The Government will award on the basis of price unless the contracting officer is aware of past performance information related to the low price quote/offer which indicates that quote/offer may not represent best value. In that case, the Government reserves the right to consider the past performance of other quotes/offers, conduct a price, past performance tradeoff, and award to other than the lowest price quote/offer.

7. SINGLE AWARD FOR ALL ITEMS: Due to the interrelationship of supplies and/or services to be provided hereunder, the Government reserves the right to make a single award to the quoter whose quote is considered in the best interest of the government, price and other factors considered. Therefore, quoters who quote less than the entire effort specified herein may be determined to be unacceptable.

8. EXCEPTIONS: All quoters MUST note all exceptions from the solicitation’s terms conditions, specifications, and/or the statement of work / performance work statement, if any. Any exceptions taken to specifications are REQUIRED to provide Technical Specification Sheets of the material providing. If technical specifications sheets not received with quote offer will be determined non-responsive/non-compliant and will not be considered. It will be assumed that any quote without mention of any exceptions will take no exception from all specifications, terms and conditions, clauses, or provisions within the solicitation.

9. All questions in regards to this solicitation shall be submitted, via email, to the Purchasing Agent / Contract Specialist (listed below):

Name: WILFREDO GERVACIO

Email: WILFREDO.J.GERVACIO.CIV@US.NAVY.MIL

PLEASE PROVIDE:

YOUR NAME: __________________________________________________________

YOUR SAM REGISTERED CAGE CODE NUMBER: ______________________

YOUR E-MAIL ADDRESS: ________________________________________

YOUR PHONE NUMBER: _________________________________________

YOUR FAX NUMBER: __________________________________________

LIST YOUR COMPANIES SIZE: LARGE OR SMALL

LIST MFG. & COUNTRY OF ORIGIN FOR EA LINE THAT IS A SUPPLY.

1. THE REQUIREMENTS IN DFARS 252.211-7003 ITEM IDENTIFICATION AND VALUATION,

ARE APPLICABLE FOR LINE ITEMS WITH UNIT PRICES QUOTED AT $5K AND ABOVE.

CONTRACTOR SHALL PROVIDE DOD UNIQUE IDENTIFICATION OR DOD RECOGNIZED

UNIQUE IDENTIFICATION EQUIVALENT. CLAUSES 252.211-03, 252.211-7008, 252.246-7006

AND PROVISION 252.246-7005 APPLIES WHEN IUID TAGS ARE REQUIRED.

**************THE FOLLOWING INFORMATION MUST BE PROVIDED******************

CLIN Manufacturer's Name Manufacturer’s Size Part Number Country of Origin

REQUESTED DELIVERY SCHEDULE

All items to be shipped within 30 days after receipt of offer. Special order items with longer lead time will be evaluated on an individual basis taking into consideration customer need

CLIN QUANTITY REQUESTED DELIVERY

0001 002 KIT 30 DAYS ARO

0002 004 KIT 30 DAYS ARO

0003 002 KIT 30 DAYS ARO

0004 002 KIT 30 DAYS ARO

0005 001 KIT 30 DAYS ARO

0006 002 KIT 30 DAYS ARO

0007 003 KIT 30 DAYS ARO

0008 005 CAN 30 DAYS ARO

0009 002 KIT 30 DAYS ARO

0010 003 CAN 30 DAYS ARO

0011 003 KIT 30 DAYS ARO

0012 005 KIT 30 DAYS ARO

OFFEROR'S PROPOSED DELIVERY SCHEDULE

CLIN QUANTITY PROPOSED DELIVERY

(YOUR COMPANY MUST BE REGISTERED WITH **SAM** (SYSTEM AWARD FOR

MANAGEMENT** IN ORDER TO RECEIVE A GOVERNMENT AWARD)

INTERNET ADDRESS FOR SAM IS: https://www.sam.gov

THIS IS ALWAYS A FREE SITE TO REGISTER TO

PAYMENT INFORMATION WILL BE ENTERED IN ANY RESULTING AWARD BY:

WIDE AREA WORK FLOW PAYMENT:

The contractor shall utilize the electronic invoicing upon delivery of supplies indicated herein. Invoices must be submitted electronically using Wide Area Work Flow (WAWF) – Receipt and Acceptance. The contractor shall self-register at the web site: https://wawf.eb.mil . Contractor training is available on the Internet at https://wawftrainingeb.mil . Additional support can be accessed by calling the NAVY WAWF Assistance Line:

1-866-618-5988

SEE DFARS CLAUSE 252.232-7006 IN AWARD

THIS WILL BE FOB DESTINATION, TO BE SHIPPED TO DLA HAZMAT WAREHOUSE TRACY CA.

SHIP TO ADDRESS:

DDJC SAN JOAQUIN

TRACY DEPOT - TA – WAREHOUSE 28

25600 S. CHRISMAN ROAD

TRACY, CA 95304-9150

***For large or heavy items: metals, pipe, lumber etc. please ensure the shipment is properly wrapped, strapped, palletized or boxed up for shipment so it can be moved with a forklift.***

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2 Kit

COATING COMPOUND

FFP

COATING COMPOUND, NON-SKID DECK COVERING, MIL-PRF-24667,

COLOR: HAZE GRAY, CONTAIN: 5GAL/KIT. WITH NEWEST MSDS SDS

NO: DGZHN

[SHELF-LIFE REMAINING REQUIREMENT] A MINIMUM OF 85 PERCENT

SHELF-LIFE SHALL REMAIN AT TIME OF SHIPPED BY THE

CONTRACTOR. ANY ORDER FROM A CONTRACTOR NOT HAVING AT

LEAST 85 PERCENT SHELF-LIFE REMAINING SHALL NORMALLY BE

CONSIDERED NON-CONFORMING IN ACCORDANCE WITH SECTION 4,

PARAGRAPH 4.3 OF DOD MANUAL 4140.27, VOLUME 1.

MFR. AMERICAN SAFETY TECHNOLOGIES INC.

PART NO. MS-400G HAZE GRAY

FOB: Destination

MILSTRIP: N6275832906300

MFR PART NR: MS-400G HAZE GRAY

PURCHASE REQUEST NUMBER: N6275832906300

PROJECT: NY9

PSC CD: 8010

NET AMT

0002 4 Kit

EPOXY COATING KIT

FFP

EPOXY COATING KIT, NON-SKID COLOR TOPPING, MS-200 (A: MS205R /

B: MS218H), MIL-PRF-24667, COLOR: RED, CONTAIN: 1GAL/KIT. WITH

NEWEST MSDS SDS NO: CXMLT

[SHELF-LIFE REMAINING REQUIREMENT] A MINIMUM OF 85 PERCENT

SHELF-LIFE SHALL REMAIN AT TIME OF SHIPPED BY THE

CONTRACTOR. ANY ORDER FROM A CONTRACTOR NOT HAVING AT

LEAST 85 PERCENT SHELF-LIFE REMAINING SHALL NORMALLY BE

CONSIDERED NONCONFORMING IN ACCORDANCE WITH SECTION 4,

PARAGRAPH 4.3 OF DOD MANUAL 4140.27, VOLUME 1.

MFR, AMERICAN SAFETY TECHNOLOGIES INC.

PART NO. MS-200 RED (1 GL KIT)

FOB: Destination

MILSTRIP: N6275832906301

MFR PART NR: MS-200 RED (1 GL KIT)

PURCHASE REQUEST NUMBER: N6275832906301

0003 2 Kit

COATING COMPOUND

FFP

COATING COMPOUND, PART-A: MS430R, PART-B:MS490H, MIL-PRF-

24667C TYPE I, II, IV / COMP G. CONTAINS: 5GL/KT. WITH NEWEST

MSDS SDS NO: DDVQY

[SHELF-LIFE REMAINING REQUIREMENT] A MINIMUM OF 85 PERCENT

SHELF-LIFE SHALL REMAIN AT TIME OF SHIPPED BY THE

CONTRACTOR. ANY ORDER FROM A CONTRACTOR NOT HAVING AT

LEAST 85 PERCENT SHELF-LIFE REMAINING SHALL NORMALLY BE

CONSIDERED NON-CONFORMING IN ACCORDANCE WITH SECTION 4,

PARAGRAPH 4.3 OF DOD MANUAL 4140.27, VOLUME 1.

MFR. AMERICAN SAFETY TECHNOLOGIES INC.

PART NO. MS-440G DARK GRAY

FOB: Destination

MILSTRIP: N6275832906302

MFR PART NR: MS-440G DARK GRAY

PURCHASE REQUEST NUMBER: N6275832906302

0004 2 Kit

EPOXY COATING KIT

FFP

NON-SKID COLOR TOPPING, EPOXY COATING KIT, MS-200 (A: MS201R /

B: MS218H), MIL-PRF-24667, COLOR: WHITE, CONTAIN: 5GAL/KIT.

WITH NEWEST MSDS SDS NO: DNGLS

[SHELF-LIFE REMAINING REQUIREMENT] A MINIMUM OF 85 PERCENT

SHELF-LIFE SHALL REMAIN AT TIME OF SHIPPED BY THE

CONTRACTOR. ANY ORDER FROM A CONTRACTOR NOT HAVING AT

LEAST 85 PERCENT SHELF-LIFE REMAINING SHALL NORMALLY BE

CONSIDERED NONCONFORMING IN ACCORDANCE WITH SECTION 4,

PARAGRAPH 4.3 OF DOD MANUAL 4140.27, VOLUME 1.

MFR. AMERICAN SAFETY TECHNOLOGIES INC.

PART NO. MS-200 WHITE

FOB: Destination

MILSTRIP: N6275832906303

MFR PART NR: MS-200 WHITE

PURCHASE REQUEST NUMBER: N6275832906303

0005 1 Kit

COATING COMPOUND

FFP

COATING COMPOUND. MS-8000L NON-SKID DECK COVERING, MIL-

PRF-24667 COLOR: GRAY CONTAIN: 5GAL/KIT. WITH NEWEST SDS SDS

NO: FQGMJ

[SHELF-LIFE REMAINING REQUIREMENT] A MINIMUM OF 85 PERCENT

SHELF-LIFE SHALL REMAIN AT TIME OF SHIPPED BY THE

CONTRACTOR. ANY ORDER FROM A CONTRACTOR NOT HAVING AT

LEAST 85 PERCENT SHELF-LIFE REMAINING SHALL NORMALLY BE

CONSIDERED NON-CONFORMING IN ACCORDANCE WITH SECTION 4,

PARAGRAPH 4.3 OF DOD MANUAL 4140.27, VOLUME 1.

MFR. AMERICAN SAFETY TECHNOLOGIES INC.

PART NO. MS-8000L GRAY

FOB: Destination

MILSTRIP: N6275832906304

MFR PART NR: MS-8000L GRAY

PURCHASE REQUEST NUMBER: N6275832906304

0006 2 Kit

EPOXY COATING KIT

FFP

EPOXY COATING KIT, NON-SKID COLOR TOPPING, MS-200, MIL-PRF-

24667, COLOR: DARK GRAY, CONTAIN: 5GAL/KIT. WITH NEWEST MSDS

SDS NO: FJFWH

[SHELF-LIFE REMAINING REQUIREMENT] A MINIMUM OF 85 PERCENT

SHELF-LIFE SHALL REMAIN AT TIME OF SHIPPED BY THE

CONTRACTOR. ANY ORDER FROM A CONTRACTOR NOT HAVING AT

LEAST 85 PERCENT SHELF-LIFE REMAINING SHALL NORMALLY BE

CONSIDERED NON-CONFORMING IN ACCORDANCE WITH SECTION 4,

PARAGRAPH 4.3 OF DOD MANUAL 4140.27, VOLUME 1.

MFR. AMERICAN SAFETY TECHNOLOGIES INC.

PART NO. MS-200 DARK GRAY

FOB: Destination

MILSTRIP: N6275832906305

MFR PART NR: MS-200 DARK GRAY

PURCHASE REQUEST NUMBER: N6275832906305

0007 3 Kit

EPOXY COATING KIT

FFP

EPOXY COATING KIT, NON-SKID COLOR TOPPING, MS-200 (A: MS203R /

B: MS218H), MIL-PRF-24667, COLOR: YELLOW, CONTAIN: 5GAL/KIT.

WITH NEWEST MSDS SDS NO: DPRFW

[SHELF-LIFE REMAINING REQUIREMENT] A MINIMUM OF 85 PERCENT

SHELF-LIFE SHALL REMAIN AT TIME OF SHIPPED BY THE

CONTRACTOR. ANY ORDER FROM A CONTRACTOR NOT HAVING AT

LEAST 85 PERCENT SHELF-LIFE REMAINING SHALL NORMALLY BE

CONSIDERED NONCONFORMING IN ACCORDANCE WITH SECTION 4,

PARAGRAPH 4.3 OF DOD MANUAL 4140.27, VOLUME 1.

MFR. AMERICAN SAFETY TECHNOLOGIES INC.

PART NO. MS-200 YELLOW

FOB: Destination

MILSTRIP: N6275832906306

MFR PART NR: MS-200 YELLOW

PURCHASE REQUEST NUMBER: N6275832906306

0008 5 Can

THINNER

FFP

THINNER, S-31 SOLVENT, THINNER FOR CLEANING OF NON-SKID

COATING SYSTEM, CONTAIN: 5GAL/CN. WITH NEWEST SDS, SDS NO:

DTSXJ

[SHELF-LIFE REMAINING REQUIREMENT] A MINIMUM OF 85 PERCENT

SHELF-LIFE SHALL REMAIN AT TIME OF SHIPPED BY THE

CONTRACTOR. ANY ORDER FROM A CONTRACTOR NOT HAVING AT

LEAST 85 PERCENT SHELF-LIFE REMAINING SHALL NORMALLY BE

CONSIDERED NON-CONFORMING IN ACCORDANCE WITH SECTION 4,

PARAGRAPH 4.3 OF DOD MANUAL 4140.27, VOLUME 1.

MFR. AMERICAN SAFETY TECHNOLOGIES INC.

PART NO. S-31

FOB: Destination

MILSTRIP: N6275832906307

MFR PART NR: S-31

PURCHASE REQUEST NUMBER: N6275832906307

0009 2 Kit

EPOXY PRIMER COATIN

FFP

EPOXY PRIMER COATING, NON-SKID PRIMER/STRIPE, MIL-PRF-24667,

COLOR: BUFF, CONTAIN: 5GAL/KIT. WITH NEWEST MSDS SDS NO:

FWVZC

[SHELF-LIFE REMAINING REQUIREMENT] A MINIMUM OF 85 PERCENT

SHELF-LIFE SHALL REMAIN AT TIME OF SHIPPED BY THE

CONTRACTOR. ANY ORDER FROM A CONTRACTOR NOT HAVING AT

LEAST 85 PERCENT SHELF-LIFE REMAINING SHALL NORMALLY BE

CONSIDERED NON-CONFORMING IN ACCORDANCE WITH SECTION 4,

PARAGRAPH 4.3 OF DOD MANUAL 4140.27, VOLUME 1.

MFR. AMERICAN SAFETY TECHNOLOGIES INC.

PART NO. MS-8CZ BUFF 5GL KT

FOB: Destination

MILSTRIP: N6275832906308

MFR PART NR: MS-8CZ BUFF 5GL KT

PURCHASE REQUEST NUMBER: N6275832906308

0010 3 Can

SOLVENT

FFP

SOLVENT, S-426, CLEANING FOR EPOXY COATING, CONTAIN:

5GAL/CN. WITH NEWEST MSDS. SDS NO: DHTKN

[SHELF-LIFE REMAINING REQUIREMENT] A MINIMUM OF 85 PERCENT

SHELF-LIFE SHALL REMAIN AT TIME OF SHIPPED BY THE

CONTRACTOR. ANY ORDER FROM A CONTRACTOR NOT HAVING AT

LEAST 85 PERCENT SHELF-LIFE REMAINING SHALL NORMALLY BE

CONSIDERED NONCONFORMING IN ACCORDANCE WITH SECTION 4,

PARAGRAPH 4.3 OF DOD MANUAL 4140.27, VOLUME 1.

MFR. AMERICAN SAFETY TECHNOLOGIES INC.

PART NO. S-426

FOB: Destination

MILSTRIP: N6275832906309

MFR PART NR: S-426

PURCHASE REQUEST NUMBER: N6275832906309

0011 3 Kit

EPOXY PRIMER COATING

FFP

EPOXY PRIMER COATING, NON-SKID PRIMER/STRIPE, MIL-PRF-24667,

COLOR: HAZE GRAY, CONTAIN: 5GAL/KIT. WITH NEWEST MSDS SDS

NO: FWZPD

[SHELF-LIFE REMAINING REQUIREMENT] A MINIMUM OF 85 PERCENT

SHELF-LIFE SHALL REMAIN AT TIME OF SHIPPED BY THE

CONTRACTOR. ANY ORDER FROM A CONTRACTOR NOT HAVING AT

LEAST 85 PERCENT SHELF-LIFE REMAINING SHALL NORMALLY BE

CONSIDERED NON-CONFORMING IN ACCORDANCE WITH SECTION 4,

PARAGRAPH 4.3 OF DOD MANUAL 4140.27, VOLUME 1.

MFR. AMERICAN SAFETY TECHNOLOGIES INC.

PART NO. MS-8CZ HAZE GRAY 5GL KT

FOB: Destination

MILSTRIP: N6275832906310

MFR PART NR: MS-8CZ HAZE GRAY 5GL KT

PURCHASE REQUEST NUMBER: N6275832906310

0012 5 Kit

COATING COMPOUND

FFP

COATING COMPOUND, NON-SKID DECK COVERING, MIL-PRF-24667,

COLOR: GRAY, CONTAIN: 5GAL/KIT. WITH NEWEST MSDS SDS NO:

FYVYB

[SHELF-LIFE REMAINING REQUIREMENT] A MINIMUM OF 85 PERCENT

SHELF-LIFE SHALL REMAIN AT TIME OF SHIPPED BY THE

CONTRACTOR. ANY ORDER FROM A CONTRACTOR NOT HAVING AT

LEAST 85 PERCENT SHELF-LIFE REMAINING SHALL NORMALLY BE

CONSIDERED NON-CONFORMING IN ACCORDANCE WITH SECTION 4,

PARAGRAPH 4.3 OF DOD MANUAL 4140.27, VOLUME 1.

MFR. AMERICAN SAFETY TECHNOLOGIES INC.

PART NO. MS-5000G GRAY

FOB: Destination

MILSTRIP: N6275832906311

MFR PART NR: MS-5000G GRAY

PURCHASE REQUEST NUMBER: N6275832906311

PSC CD: 6850

0013 1 Each

SAFETY DATA SHEET

FFP

SDS SHEET REQUIRED TO BE INCLUDED INSIDE EACH PACKAGE

HAZARDOUS MATERIAL MUST BE PACKAGED IN ACCORDANCE TO

THE UN/POP MARKINGS. SDS MUST BE INCLUDED IN THE PACKAGING.

SDS SHEET REQUIRED TO BE INCLUDED INSIDE EACH PACKAGE

FOB: Destination

MILSTRIP: N6275832906300

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 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

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

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

0005 N/A N/A N/A N/A

0006 N/A N/A N/A N/A

0007 N/A N/A N/A N/A

0008 N/A N/A N/A N/A

0009 N/A N/A N/A N/A

0010 N/A N/A N/A N/A

0011 N/A N/A N/A N/A

0012 N/A N/A N/A N/A

0013 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 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

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

SEP 2023

52.212-3 Alt I Offeror Representations and Certifications--Commercial Products and Commercial Services (SEP 2023) Alternate I

OCT 2014

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

DEC 2022

52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.225-18 Place of Manufacture AUG 2018

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

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 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 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

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

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

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

DEC 2022

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.246-7003 Notification of Potential Safety Issues JAN 2023 252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

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

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004s) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

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

___ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

___ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (6) [Reserved]

___ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

L. 111-117, section 743 of Div. C).

XXX (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

___ (10) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

___ (11) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (12) [Reserved]

____ (13) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (14) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (15) [Reserved]

XXX (16)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

____ (17)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

____ (18) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)).

____ (19)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

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

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

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

____ (v) Alternate IV (SEP 2023) of 52.219-9.

____ (20) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

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

____ (21) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (22) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (23) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C.

657f).

____ (24) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2023) (15 U.S.C. 632(a)(2)).

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

____ (25) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

____ (26) 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 (OCT 2022) (15 U.S.C. 637(m)).

____ (27) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (28) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

____ (29) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

XXX (30) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

XXX (31) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XXX (32)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

____ (33)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

XXX (34)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

____ (35) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (36) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

XXX (37)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

____ (38) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (39)(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.)

____ (40) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (41) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (42)(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.

____ (43)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

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

____ (44) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (45)(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.

XXX (46) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

____ (47) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (48) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (49)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

____ (50) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

____ (ii) Alternate I (OCT 2022) of 52.225-1.

____ (51)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

____ (iii) Alternate II (DEC 2022) of 52.225-3.

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

____ (v) Alternate IV (OCT 2022) of 52.225-3.

____ (52) 52.225-5, Trade Agreements (DEC 2022) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XXX (53) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (54) 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).

____ (55) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (56) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (57) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (58) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

____ (59) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

XXX (60) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (61) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (62) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (63) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (65)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

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

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

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

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

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

chapter 67).

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

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

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

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

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

13658).

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

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

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

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

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

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

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

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

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

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 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)).

(iv) 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).

(v) 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).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117-328).

(vii) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(ix) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

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

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

(xiii) 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.

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

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

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

(xvi) 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.)

(xvii) 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)

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

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

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

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

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

(xxii) 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).

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

(xxiv) 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.

(xxv) 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)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021)

(a) "Hazardous material", as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (if none, insert None) Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items.

Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to--

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

FAR Clauses: https://www.acquisition.gov/browse/index/far/ DFARS Clauses: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/

(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):

FAR Clauses: http://acquisition.gov/far/ DFARS Clauses: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/

252.223-7001 HAZARD WARNING LABELS (DEC 1991)

(a) "Hazardous material," as used in this clause, is defined in the Hazardous Material Identification and Material Safety Data clause of this contract.

(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labeling requirements of one of the following statutes:

(1) Federal Insecticide, Fungicide and Rodenticide Act;

(2) Federal Food, Drug and Cosmetics Act;

(3) Consumer Product Safety Act;

(4) Federal Hazardous Substances Act; or

(5) Federal Alcohol Administration Act.

(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be labeled in accordance with one of the Acts in paragraphs (b)(1) through

(5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.

MATERIAL (If None, Insert "None.") ACT

(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material

Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of this contract.

(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions adopted during the term of this contract).

252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR HAZARDOUS

MATERIALS--BASIC (SEP 2014)

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

Storage means a non-transitory, semi-permanent or permanent holding, placement, or leaving of material. It does not include a temporary accumulation of a limited quantity of a material used in or a waste generated or resulting from authorized activities, such as servicing, maintenance, or repair of Department of Defense (DoD) items, equipment, or facilities.

Toxic or hazardous materials means--

(i) Materials referred to in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 (42 U.S.C. 9601(14)) and materials designated under section 102 of CERCLA (42 U.S.C. 9602) (40 CFR Part 302);

(ii) Materials that are of an explosive, flammable, or pyrotechnic nature; or

(iii) Materials otherwise identified by the Secretary of Defense as specified in DoD regulations.

(b) In accordance with 10 U.S.C. 2692, the Contractor is prohibited from storing, treating, or disposing of toxic or hazardous materials not owned by DoD on a DoD installation, except to the extent authorized by a statutory exception to 10 U.S.C. 2692 or as authorized by the Secretary of Defense. A charge may be assessed for any storage or disposal authorized under any of the exceptions to 10 U.S.C. 2692. If a charge is to be assessed, then such assessment shall be identified elsewhere in the contract with payment to the Government on a reimbursable cost basis.

(c) The Contractor shall include the substance of this clause, including this paragraph (c), in all subcontracts that require, may require, or permit a subcontractor access to a DoD installation, at any subcontract tier.

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

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step‐by‐step procedures for self‐…