Amendment 0001 Combined Synopsis Solicitation - USMC AT Med Equip N62645R0056.doc

AMENDMENT 0001

The purpose of this amendment is to answer questions from offerors. Questions and Answers are provided at the end of the synopsis/solicitation.

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; proposals are being requested and a written solicitation will not be issued.

The solicitation number is N6264520R0056. The solicitation is issued as a Request for Quote (RFQ). Provisions and clauses in effect through Federal Acquisition Circular 2005-95 are incorporated. It is the contractor’s responsibility to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses https://acquisition.gov/far/index.html and http://www.acq.osd.mil/dpap/sitemap.html.

This procurement will be classified under North American Industry Classification System (NAICS) 339113, with a Small Business Size Standard of 750 employees. The proposed contract is 100% set aside for small business concerns. The Small Business Office concurs with the set-aside determination.

The Naval Medical Logistics Command requests responses from qualified sources capable of providing equipment that meets the essential characteristics of the equipment/supply list below. The technical documentation for quotes must meet the salient physical, functional and performance characteristics described below.

Quotes shall be due no later than 1300 Eastern Time, 17 June 2020.

Essential Characteristics:

CLIN 0001 – Non-Consumable Medical Equipment

1. 4-Channel Electrotherapy Combo Unit - high contrast 5" (13cm) FSTN LCD monochromatic user interface; two independent electrotherapy channels, expandable to four independent channels; multiple waveform electrotherapy-six clinical waveform documentation of treatment data with Patient Data Cards; dual frequency ultrasound at 1 or 3.3 MHz; 1- pulsed or continuous duty cycles (10%, 20%, 50% & 100%), 2-four ergonomically designed soundhead applicator sizes: 1 cm, 2cm, 5 cm, & 10cm, 2-watertight soundheads for use in underwater therapy.

2. 36" Composite Foam Roller

3. Hydrocollator - 33L x 27W with 12 standard size HotPacs

4. HydroCollator -Standard Terry Cover 19L x 14 W

5. Wire Laundry Hamper - 37 1/2H x 17 3/4W x 18 1/2D with 7/8 steel tubing with Durable Chrome Finish, 4" casters, two locking, with high impact lid with easy open/close feature, locking device for secure attachment of disposable polyliners

6. Laundry Hamper Liner - 30-35 gallon to fit Item 5

7. Towel - white, 27X54, 1 each

8. Pillow Case, white, 1 each, 27 1/2 x 20 1/2, Standard size, cotton/polyester blend

8. Pillow - 1 each, 20x26, Reusable, wipe-clean hospital pillow features nylon cover treated with ultra-fresh antimicrobial finish which is fluid proof but breathable for a cooler effect. Pillow is to be filled with Re-fluff Cluster fiberfill, which is re-fluffable, washable, and non-allergenic.

10. ColPac Freezer - 21"L x 26"W x 34"H with 12 standard size ColPaCs (11x14), 5 cubic foot capacity

11. Upright Stationary Bike - Easy adjustments, bright LED screens, a turbo cooling fan, high density foam seats, challenging programs, 40 levels of magnetic resistance, and a generator powered console 42 X 21 53 inches

12. Adjustable Stool - 15" diameter, 3" thick foam seat upholstered in vinyl. Adjustable seat 6" in height from 20 1/2" to 26 1/2" high. 5 star composite base with five 2" nylon twin-wheel caster. Should hold up to 250 lb.

13. Metal Storage Cabinet with Safety View Door - 36"W x 18"D x 72"H, Midnight Ebony color (keyed)

14. Physical Therapy Equipment Rack - Mobile Weight Rack with Mirror, 28" x 28" x 66" H, 4" swivel casters with 2 locking, storage should hold up to 48 cuff weights, 22 dumbbells, 20 weight bars and 6 rolls of exercise bands, mirror with polished edges and safety backing

15. Vinyl Coated Dumbbells - a complete set of pairs of weights in increments of 1lbs, 2lbs, 3 lbs, 4 lbs, 5 lbs, 6 lbs, 7 lbs, 8 lbs, 9 lbs and 10 lbs (for item 14)

16. Wrist and Ankle Cuffweights (for item 14) - 1 set of 1 - 1 lb, 1 - 2lbs, 1 - 3 lbs, 1 - 4 lbs, 1 - 5 lbs, 1 - 7.5 lbs and 1 - 10 lbs. with extra long straps, heavy duty stitching, filled with steel pellets, color code by weight, brass hanging grommets through strap for extra stiffness, weights of 6 lbs or over shall include 2 straps for secure placing, double stitched closing seam, easy to clean vinyl

17. Treatment Table (Hi-Lo) - three piece top section 27"x72", minimum height 18", maximum height 37", width 27", length 72", one piece head section 15x27, raises 25 degrees, lowers 60 degrees, one piece center section 19"x27", motorized to raise 20 degrees, one piece foot section 28"x27" raises to 70 degrees, 4 total lock swivel caster, dual function footswitch

18. Rowing Ergometer with folding storage design, combined air/magnetic resistance and remote handle controls. 16 adjustable levels without removing hands from handlebar, console should have bright backlit console that displays all workout data and is easily adjustable to different angles and heights. Frame Height - 20", monorail length 54", overall dimensions - 94" x 18" x 38", folded - 53" x 18" x 38", weight capacity - 450lbs.

19. Heavy Duty Exercise Floor Mats - Black 6 ft (72 inches) x 2.5 ft (30 inches) x 5/8 inches (0.625") thickness, 100% polyurethane molded one-piece construction, non-slip top and bottom, latex free, water, stain, wear, and dirt resistant, easy-to-clean and maintain

20. Ice Scoop - aluminum one piece, 6 1/4" L x 3 1/4" W, 12 oz weight

21. Soft Toss Medicine Ball 6 lb

22. Soft Toss Medicine Ball 8 lb

23. Soft Toss Medicine Ball 10 lb

24. Soft Toss Medicine Ball 12 lb

25. Soft Toss Medicine Ball 16 lb

26. Soft Toss Medicine Ball 20 lb

27. Rebound Medicine Ball set of 6 - rubber - no latex - 2 lb, 4 lb, 6 lb, 8 lb, 10 lb, and 12 lb.

28. Medicine Ball rack - 20 ball medicine ball storage rack - 4 sided, ball bearing casters, steel construction, 25"L x 25"W x 56"H

29. Stackable Plyo Boxes (1 - 24" x 24" x 3"; 1 - 24" x 24" x 6"; 1 - 24" x 24"X 12" - each topped with 1/2" of rubber, made of 3/4" oak veneer plywood

30. Fitterfirst Slant Board - three levels 26, 38 and 42 degrees; non-slip top and bottom surfaces; folds flat; 11"L x 11"W; weight capacity - 250 lbs.

31. Swiss Ball - 55 cm, anti-burst, 6P free fabric

32. Swiss Ball - 65 cm, anti-burst, 6P free fabric

33. Swiss Ball - 75 cm, anti-burst, 6P free fabric

34. Cold and Compression Therapy Unit –dimensions 7.5” W x 16” L x 7.75” H (19cm W x 40.6cm L x 19.7cm H), weight (empty) 7.31lb (3.3kg) with AC adapter with 1 port, power cord, 6 ft connector hose, easy to use portable control unit system that integrates the use of a complete range of adjustable, comfortable, and convenient circumferential wraps that provides active cryotherapy and intermittent compression; must have adjustable set-point of cold temperatures that remain consistent across the accessory wraps to provide cold therapy between 35-50 degrees F (when control unit reservoir is full of ice); must have three settings of cyclical pneumatic (air) compression or option of no compression – high (5 to 75mm Hg) approximately 2 to 3 minutes of inflation and 1 minute of deflation, medium (5 to 50mm Hg) approximately 2 to 3 minutes of inflation and 1 minute of deflation, low (5 to 15mm Hg) approximately 4 to 5 minutes of inflation and 1 minute of deflation; must provide consistent temperature across the wrap, improving patient comfort and safety -cold therapy between 35°F to 50°F (when control unit reservoir full of ice); must have a timer with specific treatment time up to 90 minutes and contain 6 pre-programmed settings – Program 1 - 30 minutes on, 30 minutes sleep, no pressure; Program 2 - 30 minutes on, 30 minutes sleep, low pressure; Program 3 - 30 minutes on, 30 minutes sleep, medium pressure; Program 4 - 30 minutes on, 60 minutes sleep, no pressure; Program 5 - 30 minutes on, 30 minutes sleep, low pressure; Program 6 - 30 minutes on, 30 minutes sleep, medium pressure

35. Cold and Compression Therapy Unit Cart to be used with Item #34 - 48" x 37" x 27"; Black

36. Cold and Compression Therapy to be used with Item #34 Cold and Compression Therapy Unit - low-profile, lightweight - Mid-Body Back Wrap with dual action Active Temperature Exchange (ATX) and circumferential coverage - fits 22" to 55" waist size

37. Cold and Compression Therapy to be used with Item #34 Cold and Compression Therapy Unit - low-profile, lightweight Hip/Groin Wrap with dual action Active Temperature Exchange (ATX) and circumferential coverage – Left

38. Cold and Compression Therapy to be used with Item #34 Cold and Compression Therapy Unit - low-profile, lightweight Hip/Groin Wrap with dual action Active Temperature Exchange (ATX) and circumferential coverage – Right

39. Cold and Compression Therapy to be used with Item #34 Cold and Compression Therapy Unit - low-profile, lightweight Straight Knee Wrap with dual action Active Temperature Exchange (ATX) and circumferential coverage - One size fits all

40. Cold and Compression Therapy to be used with Item #34 Cold and Compression Therapy Unit- low-profile, lightweight, Full Leg Boot with dual action Active Temperature Exchange (ATX) and circumferential coverage – Medium

41. Cold and Compression Therapy to be used with Item #34 Cold and Compression Therapy Unit - low-profile, lightweight Shoulder Wrap with dual action Active Temperature Exchange (ATX) and circumferential coverage - Medium - Left - fits chest sizes 33-35"

42. Cold and Compression Therapy to be used with Item #34 Cold and Compression Therapy Unit - low-profile, lightweight Shoulder Wrap with dual action Active Temperature Exchange (ATX) and circumferential coverage - Medium - Right - fits chest sizes 33-35"

43. Cold and Compression Therapy to be used with Item #34 Cold and Compression Therapy Unit - low-profile, lightweight Shoulder Wrap with dual action Active Temperature Exchange (ATX) and circumferential coverage - Large - Left - fits chest sizes 40-55"

44. Cold and Compression Therapy to be used with Item #34 Cold and Compression Therapy Unit - low-profile, lightweight Shoulder Wrap with dual action Active Temperature Exchange (ATX) and circumferential coverage - Large - Right - fits chest sizes 40-55"

45. Cold and Compression Therapy to be used with Item #34 Cold and Compression Therapy Unit - low-profile, lightweight Straight Elbow Wrap with dual action Active Temperature Exchange (ATX) and circumferential coverage - one size fits all

46. Cold and Compression Therapy to be used with Item #34 Cold and Compression Therapy Unit - Dual Connector Hose Sport

47. Functional Trainer - 2 shrouded stacks of 210 lbs each with resistance level of 1:2; dual-roller mechanized, 22 adjustment positions. Accessories should include: 1 long bar, 1 short bar, 1 deluxe tricep rope, neoprene ankle strap, 2 molder grip handles, chains and accessory hooks. Assembled dimensions 0 67.5"W x 44.5"D x 88"H. Multi-grip positioning handles and heavy gauge metal pulley housing.

48. Nugget Ice Machine - 26 1/2" x 22" x 23 5/8", 7 foot power cord, self-contained air-coiled condenser, maximum of 308 lb of ice per day. Ice nugget size 3/8" to 1/2" in length & width.

49. Ice Storage Bin for Item 48. 22"W x 34 "D x 50"H

50. Pro Balance Trainer -65 cm in diameter, and 10" high when fully inflated; latex free; burst resistant material; smooth , non-skid marking base; color - blue; holds up to 350lb

51. Desk - 45 1/2 x 24" x 29 1/2; metal 3/4 height right pedestal

52. Desk Chair - 25"W x 25.5" D x 34.5"H; ergonomic fabric, contoured molded seat and back with built in lumbar support, one touch pneumatic seat height adjustment, multi-function control with adjustable tilt tension and forward tilt, ratchet back height adjustment, height adjustable arms with pad, heady duty nylon base with dual wheel carpet casters

53. 3-Drawer File Cabinet - grey - freestanding lateral file with integrated lock - 36" x 18 5/8" x 40 1/4"

54. 3-Shelf Bookshelf - metal, 14.2" x 36.1" x 42.9"

55. Tactical type Backpack - color – red; medium transport 600 denier polyester; 17" x 10" x 9"; hydration bladder compatible with water repellant lining; padded back/shoulder straps and breathable mesh backing; top and side adjustable web straps and a top carry handle with one large compartment with a zippered pouch and mesh pocket; 3 additional outside zippered pockets and storage compartment and also needs to be modular lightweight load carrying equipment compatible (MOLLE).

56. Rescue Shoulder Carry Bag - Med Bag (22" x 11" x 11 1/2") 600 Polyester, PVC coating, PP webbing; U-shaped zipper flap opening, 1 large main compartment (12" x "8 x 11") with removable compartment organizer, 2 large side zipper compartments, 2 zippered side pockets, 1 front zippered compartment, 2 front pouches with hook and loop closure and D-rings with a rear 6-loop bandolier for attaching additional gear.

57. 8" Super bandage Scissors with safety tip, stainless steel, adjustable tension, contoured handles, precision double-ground blades

58. 5 gallon heavy duty beverage cooler (Ice/Water)

59. Fingertip Pulse Oximeter Blood Oxygen Saturation Monitor with silicone cover (battery operated)

60. Two Way Radio (set) - up to 36 mile range, NOAA weather alert radio with weather scan, 50 channels and 285 privacy codes

61. Blood Pressure Cuff and Stethoscope Kit

62. Digital Oral Thermometer - 30 second temperature read

63. Cold and Compression Therapy to be used with Item #34 Cold and Compression Therapy Unit - Ankle Sleeve with dual action Active Temperature Exchange (ATX) and circumferential coverage that enables the simultaneous circulation of ice water and air- Small/Medium (fits either right or left foot), fits men's shoe sizes 6 to 11; women's shoe sizes up to 13

64. Cold and Compression Therapy to be used with Item #34 Cold and Compression Therapy Unit - Ankle Sleeve with dual action Active Temperature Exchange (ATX) and circumferential coverage that enables the simultaneous circulation of ice water and air- Large/Extra-Large (fits either right or left foot), fits men's shoe sizes 12 to 18; women's shoe sizes up to 13 CLIN 0002 – Consumable Durable Medical Equipment

1. Elastic Bandage (4"x5yd) wrap 36/case

2. Elastic Bandage (4"x10yd) wrap 10/case

3. Elastic Bandage (6"x5yd) wrap 25/case

4. Elastic Bandage (6"x10yd) wrap 10/case

5. Disinfecting Cavicide Wipes - 160 wipes per canister

6. Electrode Pads (2"x2") 40/case

7. Electrode Pads (2"x3.5") 40/case

8. Adhesive Bandage (knuckle) band-aid 10/pack

9. Adhesive Bandage (patch) band-aid 25/pack

10. Adhesive Bandage (standard) band-aid 25/pack

11. Cover-Roll (4"x 10 yards)

12. Gauze 4"x4" pad (25/box)

13. Stretch Roll Gauze (12pk) - 2" x 4.1 yards

14. Skin Squares - 1" x 1" square, 200/jar

15. 4 oz Paper Cups - poly-coated lining, rolled rim, tapered sides, disposable

16. Non-adhesive dressings - 2" x 3", absorbent, 10% cotton fabric, mylar film cover non stick "ouchless" (100/box)

17. Nitrile Disposable Exam Gloves (100/box) Large - blue/violet

18. Nitrile Disposable Exam Gloves (100/box) Medium – blue/violet

19. Coach Athletic Tape (1.5" x 15 yards)

20. Pre-Wrap Tape, 2 3/4" x 30 yards

21. Ultrasound Transmission Gel (w/empty squeeze bottle)

22. Steri-strip closures (1/4"x4")

23. Powerflex Stretch Athletic Tape - Grey, 2" x 6 yards, hand tear, sweat resistant, 24/case

24. Lightplast Pro Tape Athletic Stretch Tape (2"x7.5 yards) 24/case

25. Lightplast Pro Athletic Stretch Tape (3"x7.5yd) 16/case

26. Elastikon Tape (2") 12/box

27. Exercise resistance band (4.3 lbs Resistance)

28. Exercise resistance band (5.5 lbs Resistance)

29. Exercise resistance band (6.7 lbs Resistance)

30. Exercise resistance band (8.6 lbs Resistance)

31. Tongue Depressor - 6"

32. Sam Splints (4 ¾ " x 36")

33. Sam Splints (4 ¼ " x 9")

34. Sam Splints (4 ½ " x 18")

35. Sam Splints (4" x 2")

36. Arm Sling -large, soft foam neck stretch, non-stretch foam neck strap, hook fastener on strap, thumb loop

37. Medical Spray Adhesive. 3.8oz can, medical grade silicone adhesive

38. Heel and Lace Pads - 3" x 4", white foam

39. Ice Bags - clear wicketed 8 lb with ice print and handle - 1000/case

40. Stretch Wrap - 5 in Width x 725 feet Length - Lightweight - Plastic - Clear, must include an easy-to-use dispenser

41. Bacitracin Ointment - Foil Packs -25/box

42. Hydrocortisone Cream Packet - 25/box

43. Petroleum Jelly, 13oz jar

44. Alcohol Prep Pad Packets - 50/pack

45. Free Up Massage Cream - 16 oz. jar - non-oily, hypoallergenic, unscented

All equipment and accessories shall be new. Used or refurbished equipment, shall not be accepted. Vendor shall be an Original Equipment Manufacturer (OEM) authorized dealer, authorized distributor or authorized reseller for the proposed equipment/system such that OEM warranty and service are provided and maintained by the OEM. All software licensing, warranty and service associated with any equipment/system shall be in accordance with the OEM terms and condition.

Delivery/Shipping to six (6) locations (Anticipated Received Date for All locations: 03 August 2020)

1) This shipping address will support three (3) locations (FOB Destination) (MAG-11, MAG-16, and MACG-38)

MAG 11 3D MAW

BLDG 7209 DR 12 MCAS

Miramar San Diego CA 92145

2) This shipping address will support two (2) locations (FOB Destination) (CLR-2 and CLR-27)

Material Distribution Center

BLDG 1119 MF M27331

CLR 2 2d MLG 2d Supply BN 2d MLG Camp Lejeune, NC 28547

3) This shipping address will support one (1) location (FOB Destination) (II MIG)

II MEF Information Group ATTN Supply Officer M20361 Bldg 1011 Ash St Camp Lejeune, NC 28542-5000 The vendor shall be responsible for shipping all items to the location addresses provided above. If interim storage is required, the vendor shall make arrangements for the storage.

Regulatory Requirements:

All of the items (if applicable), shall be compliant with the Food and Drug Administration (FDA) requirements to market and deliver medical products for use in the United States of America, even should delivery be requested outside of the United States. The claims made for the product shall comply with the regulations of the FDA with respect to products for marketing and delivery of a medical product for use in the United States of America, even should delivery be requested outside of the United States.

Inspection: Unless otherwise specified in the order, the quoter is responsible for the performance of all inspection requirements and quality control.

INSTRUCTIONS TO QUOTERS:

Technical Approach

Conformance to Salient Characteristics - Quoters shall submit a quote including all necessary documentation demonstrating that their solution meets all of the requirements within the Salient Characteristics. Quoters shall provide sufficient technical documentation (including but not limited to: product literature, specifications) to allow for a thorough evaluation of the quote. Additionally, the quoter shall fully explain their ability to meet the requirements above.

Quoters shall submit a completed copy of 52.212-3 and it’s ALT I with quotes.

Price

Quotes will be evaluated for Completeness and Reasonableness. Adequate competition is anticipated for this acquisition. The Government anticipates award of a Firm Fixed Price contract. Quoters shall submit firm-fixed pricing for the above requirement on the attached Microsoft Excel Worksheet (Attachment I Pricing Worksheet for N6264520R0056). Identify Proposed Brand Name and Proposed Brand Name Part Number (if applicable), and the Price per Item. The Total Price for each line will be auto-completed. Include commercial price lists and if applicable, any FSS schedule numbers and pricing; any applicable discounts to the Government; and, any additional components necessary to fulfill the Salient Characteristics of this requirement.

PLEASE NOTE: Pricing shall be submitted separately from the technical approach. Two (2) files (one file for Technical Approach and one file for Pricing) shall be submitted via email to usn.detrick.navmedlogcomftdmd.mbx.matrix@mail.mil, SUBJECT: N6264520R0056. Quotes shall be submitted, via email only, as a Microsoft Word or Adobe PDF attachment. Quotes shall be due no later than 1300 Eastern Time, 17 June 2020. Any questions shall be addressed to nicholas.j.carroll15.civ@mail.mil and Cassandra.l.mahlstedt.civ@mail.mil, by email only, no later than 1300 Eastern Time, 11 June 2020. No phone calls accepted.

EVALUATION FACTORS FOR AWARD:

The Government intends to award a contract resulting from this solicitation to the responsible quoter whose offer is the lowest price technically acceptable offer, which represent best value to the Government. Award shall be made on the basis of the lowest evaluated price of quotes meeting or exceeding the acceptability standards for non-cost factors (ie. technical conformance to the requirements of the solicitation). Evaluation of price will be based on the quoter’s total price for all line items as delivered to the specified destination. Past Performance is not an evaluation factor for this acquisition.

Technical Evaluation Factors

Conformance to Salient Characteristics - Evaluation shall include the ability to meet the salient characteristics of this requirement. Vendors not meeting all requirements will not be further considered for award unless there are no other technically acceptable quoters. This will be rated as either Pass or Fail.

Price

Reasonableness - The degree to which the vendor’s total proposed price represents a fair and reasonable price, including any additional components that must be purchased to make any of the systems listed above fully functional.

Completeness - Quoter has included pricing for all line items on Attachment I (Attachment I Pricing Worksheet for N6264520R0056), registered in SAM, completed online representations and certifications, and completed FAR 52.209-11.

The quoter’s initial quote shall contain the quoter’s best terms from a price and technical standpoint. The Government intends to evaluate offers and award a contract without discussions, but reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government reserves the right to make no award as a result of this solicitation.

Other Administrative Instructions

· Quoters shall be registered in the System for Award Management (SAM) database, in accordance with FAR 52.212-3, to be considered for award. Registration is free and can be completed on-line at http://www.sam.gov; provide DUNS number; Cage Code and TIN. The quoter shall verify its online Representations and Certifications are current, accurate, complete and applicable to this combo synopsis/solicitation as of the date of its offer and are incorporated in its offer by reference (see FAR 52.212-3 Alternate I). No documentation is required to be submitted in response to this paragraph.

· Shipping shall be FOB Destination to the Delivery Addresses listed above.

· Quoter shall complete FAR 52.209-11 and return with its response

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a

Felony Conviction under any Federal Law (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

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

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

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

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

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

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

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

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

___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

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

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

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

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

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

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

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

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

____ (iii) Alternate II (Mar 2004) of 52.219-7.

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

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

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

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

____ (iv) Alternate III (Nov 2016) of 52.219-9.

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

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

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

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

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

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

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

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

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

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

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

XX (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

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

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

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

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

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

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

XX (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

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

____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

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

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

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

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

____ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

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

____ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

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

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

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

____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (May 2014) of 52.225-3.

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

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

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

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

____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

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

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

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

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

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

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

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

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

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

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

____ (iii) Alternate II (Feb 2006) of 52.247-64.

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

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

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

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

_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

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

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

_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

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

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

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

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(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 (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

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

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

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

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

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

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

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

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV

2011)

(a) Definition. Covered DoD official is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.

(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal

Acquisition Regulation 3.104-2.

(End of provision)

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls (OCT 2016)

(a) Definitions. As used in this provision-- Controlled technical information, covered contractor information system, covered defense information, cyber incident, information system, and technical information are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.

(b) The security requirements required by contract clause 252.204-7012 shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.

(c) For covered contractor information systems that are not part of an information technology service or system operated on behalf of the Government (see 252.204-7012(b)(2))--

(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations'' (see http://dx.doi.org/10.6028/NIST.SP.800-171) that are in effect at the time the solicitation is issued or as authorized by the contracting officer not later than December 31, 2017.

(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that are in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of—

(A) Why a particular security requirement is not applicable; or

(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.

(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract.

(End of provision)

252.204-7011 ALTERNATIVE LINE-ITEM STRUCTURE (SEP 2011)

(a) Line items are the basic structural elements in a solicitation or contract that provide for the organization of contract requirements to facilitate pricing, delivery, inspection, acceptance and payment. Line items are organized into contract line items, subline items, and exhibit line items. Separate line items should be established to account for separate pricing, identification (see section 211.274 of the Defense Federal

Acquisition Regulation Supplement), deliveries, or funding. The Government recognizes that the line item structure in this solicitation may not conform to every offeror's practices. Failure to correct these issues can result in difficulties in accounting for deliveries and processing payments. Therefore, offerors are invited to propose an alternative line item structure for items on which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract structure is economically and administratively advantageous to the Government and the Contractor.

(b) If an alternative line item structure is proposed, the structure must be consistent with subpart 204.71 of the Defense Federal Acquisition Regulation Supplement and PGI 204.71. A sample solicitation line-item structure and a corresponding offer of a proposed alternative line-item structure follow.

Solicitation:

Item No. Supplies/Service Quantity Unit Unit price Amount

0001............................ Computer, Desktop with 20 EA

CPU, Monitor, Keyboard and Mouse.

Alternative line-item structure offer where monitors are shipped separately:

Item No. Supplies/Service Quantity Unit Unit Price Amount

0001............................ Computer, Desktop with 20 EA

CPU, Keyboard and Mouse.

0002............................ Monitor................. 20 EA

(End of provision)

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

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

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

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

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