N6833523Q0270 Solicitation.docx

N6833523Q0270

Section A - Solicitation/Contract Form

POINTS OF CONTACT

Contract Specialist Information

This is a Request for Quote for the procurement of up to forty-nine (49) Triton System Administration Set (TSAS) Transit Cases, Yellow, Part Number (P/N): 4106AS0668-3 for the MQ-4C Triton Unmanned Air Systems (UAS) Program in support of the United States Navy and Partner Countries.

This solicitation is for a 3-year fixed price Indefinite Delivery Indefinite Quantity (IDIQ) type contract. The guaranteed minimum for the contract will be twenty (20) units which will be procured on the First Delivery Order. The maximum for the contract will be forty-nine (49) units over the 3-year life of the contract.

Delivery Orders may be placed as follows:

Ordering Year 1 CLINs 1001 through 1002 from the date of award through 365 days after contract award.

Ordering Year 2 CLINs 2001 through 2002 from 366 days after contract award through 730 days after contract award.

Ordering Year 3 CLINs 3001 through 3002 from 731 days after contract award through 1,095 days after contract award.

This procurement is 100% Small Business Set-Aside

Deliveries shall be made four (4) months after receipt of order. Delivery information can be found in FAR 52.211-8 of this solicitation.

This solicitation contains export-controlled technical data, subject to disclosure restrictions. Attention is directed to the following clauses contained in this solicitation:

DFARS 252.225-7048, Export-Controlled Items (Jun 2013) DFARS 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls

IDIQ QUANTITY CONSTRAINTS

The maximum quantity identified herein for each CLIN represents the Government’s best estimate of the maximum quantities to be ordered during that specified ordering period. The CLIN quantity maximums do not impose absolute quantity limits for each ordering period. The maximum quantity for the equipment units are not defined on an annual ordering period basis, but rather is defined by the sum of the quantities identified across all four annual ordering periods.

The minimum and maximum quantities of this contract can be found in clause 5252.216-9506 “Minimum and Maximum Quantities.” All quantities to be ordered under this contract shall be in accordance with each delivery order. The Government is not obligated to order any quantity beyond the guaranteed minimum and may order the maximum quantity over the life of the contract.

IMPORTANT INFORMATION: Registration in the Department of Defense (DoD) System for Award Management (SAM) database will be a prerequisite for receiving an award. For more information on the SAM database, refer to the SAM website at https://www.sam.gov/portal/public/SAM.

Proposal validity shall be for 90 days.

RELEASE OF TECHNICAL DATA PACKAGE INFORMATION: Drawing Packages, associated with the solicitation, will NOT be posted with the Request For Proposal and must be obtained through this office. This program includes information that is only releasable to current and approved Department of Defense (DoD) contractors. In addition, the program requires a procurement effort in certain critical technologies/data that are not releasable to foreign firms. Some documents are under Federal export control for “sensitive” or “controlled” technologies regulated by the U.S. Department of State International Traffic in Arms Regulations (ITAR) protecting national security. Data may not be exported without an approval, authorization, or license under E.O. 12470 or the Arms Export Control Act. Disclosure of the control drawings requires the verification of a current license for the oral, visual or documentary disclosure of technical data by U.S. persons to foreign persons as defined under the U.S. Department website: http://pmdtc.org/licenses.htm.

Drawing Packages are export controlled. Contractors interested in receiving the necessary technical data for proposal purposes, must submit a valid, current DD Form 2345 Military Critical Technical Data Agreement to this office. The DD Form 2345 must be on file with the United States/Canada Joint Certification Office. For more information please visit https://public.logisticsinformationservice.dla.mil/PublicHome/jcp/default.aspx.

Section B - Supplies or Services and Prices

TSAS Transit Cases, Yellow - Year 1

FFP

Year One Triton System Administration Set (TSAS) Transit Cases, Yellow, P/N: 4106AS0668-3 in accordance with the Statement of Work and applicable drawings.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

PSC CD: 5140

MAX

NET AMT

CDRL A001 - Request for Variance

Contract Data Requirements List (CDRL) A001, Request for Variance in accordance with Para 3.0 of the Statement of Work. Deliveries shall be made to the individuals listed on the specific CDRL.

This line item is Not Separately Priced.

NET AMT

TSAS Transit Cases, Yellow - Year 2

Year Two Triton System Administration Set (TSAS)v Transit Cases, Yellow, P/N: 4106AS0668-3 in accordance with the Statement of Work and applicable drawings.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

MAX

CDRL A001 - Request for Variance

Contract Data Requirements List (CDRL) A001, Request for Variance in accordance with Para 3.0 of the Statement of Work. Deliveries shall be made to the individuals listed on the specific CDRL.

This line item is Not Separately Priced.

NET AMT

TSAS Transit Cases, Yellow - Year 3

Year Two Triton System Administration Set (TSAS) Transit Cases, Yellow, P/N: 4106AS0668-3 in accordance with the Statement of Work and applicable drawings.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

MAX

CDRL A001 - Request for Variance

Contract Data Requirements List (CDRL) A001, Request for Variance in accordance with Para 3.0 of the Statement of Work. Deliveries shall be made to the individuals listed on the specific CDRL.

This line item is Not Separately Priced.

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

Statement of Work For MQ-4C Triton System Administration Set Transit Case 08 May 2023

1. SCOPE

This Statement of Work (SOW) is for the procurement of the Transit Case, Triton System Administration Set (TSAS) YELLOW, Part Number (P/N) 4106AS0668-3 for the MQ-4C Triton Unmanned Air Systems (UAS) Program in support of the United States Navy (USN) and Royal Australian Air Force (RAAF) Aircrafts.

The TSAS Transit Case will be used at Organizational Level of Maintenance for Network Server monitoring and programing on the Triton aircraft.

1.1 Applicable Documents:

a. MIL-STD-130N - Identification Marking of U.S. Military Property

b. Drawing #3909AS9999 Rev C - Identification Plate for Support Equipment/UID Markings

c. MIL-STD-2073-1E, Standard Practice for Military Packaging

d. MIL-STD-129R - Military Marking for Shipment and Storage

e. MIL-STD-1366E - Transportability Criteria

f. Drawing Package Number 4106AS0668

1. REQUIREMENTS

2.1 General

Contractor shall manufacture and deliver the TSAS Transit cases in accordance with (IAW) this SOW, the Government furnished drawing package and the requirements of the contract.

The program is requesting a three (3) year Indefinite Delivery, Indefinite Quantity (IDIQ) type contract.

Est Qty.

Yr. 3 Est Qty.

Year 1 pricing valid from date of award through 365 days.

Year 2 pricing valid from date of award through 730 days.

Year 3 pricing valid from date of award through 1095 days.

2.2 Quality Assurance

The QA system shall be able to ensure that manufactured configuration items are built to print, functional, and reliably made in accordance with controlling technical drawings, specifications and standards. Each item manufactured as part of this contract shall have passed a Government final inspection prior to WAWF Receiving Report acceptance.

2.3 Certificate of Conformance

The Contractor shall provide a Certificate of Conformance (COC) with each TSAS Transit case certifying that it conforms to the government drawing package, this SOW, CDRL A001 and the requirements of the contract. The COC shall be on company letterhead and signed by management. Each COC shall identify the part number and serial number. If any TSAS Transit case is found to be non-conforming, it shall be replaced at the Contractor’s expense.

2.4 Government Inspection and Acceptance

Government Inspection and Acceptance shall be accomplished at destination by designated representatives.

2.5 Construct and Method

Details on creating the UID and the marking method are contained in MIL-STD-130N. The UID shall be Construct #2.

2.5.1 UID Location and Marking

The locations and marking methods selected should bear no impact on the performance of the part and minimal configuration change(s) to the part. The UID (including 2D Matrix) should be incorporated onto the data plate in accordance with Drawings 4106AS0668 and 3909AS9999 Rev C (Identification Plate/UID Markings).

2.5.2 Permanency and Legibility

The UID marking and identification plates, tags, or labels when used on equipment, parts, assemblies, subassemblies, units, sets, or groups shall be permanent during the normal life expectancy of the item and be capable of withstanding the environmental test and cleaning procedures specified for the item. Legibility shall be as required for ready readability as per MIL-STD-130N.

2.5.3 UID Registration

The prime Contractor has the responsibility to furnish Item Unique Identification (IUID) data to the IUID registry. Data submission of IUID data and acquisition cost should be via Wide Area Work Flow (WAWF), IUID XML file, IUID flat file or web entry. Additional information regarding data submission as well as the actual marking can be found at <http://www.acq.osd.mil/dpap/pdi/uid/index.html/>.

2.5.4 Records

The Contractor shall maintain an accurate, current list of UIDs for all manufactured items on this contract and supply to the Government upon request. The list shall include P/N, Serial #, CAGE, UID Location, Construct used, how it was marked, and the registration method used.

3.0 REQUEST FOR VARIANCE - CDRL A001

When identified, the contractor shall submit to the government for approval recommendations for a Request for Variance (RFV). Any proposed design changes affecting form, fit, and/or function of the PSE (including enhancements) that deviate from drawings provided shall be identified prior to the fabrication process and will be reviewed by the cognizant UAS Support Equipment Lead Engineer for approval/disapproval. The contractor shall submit to the Government for approval a Request for Variance (RFV) to request deviations from the contractually specified design configuration. The contractor is advised to consult MIL-HDBK-61 Configuration Management for guidance when contemplating submitting a RFV. These change requests shall be prepared and submitted to the Government IAW Contract Data Requirements List (CDRL) A001.

4.0 PACKAGING, PRESERVATION AND SHIPPING

4.1 Packaging

The contractor shall preserve and pack materiel IAW ASTM D3951-18 (excluding paragraphs 4.2-4.3) and require same by vendors and subcontractors (for materiel being shipped to the government).

The use of loose fill materials, asbestos, excelsior, newspaper and shredded paper (all types) are prohibited. In addition, all Wood Packaging Materials (WPM) shall be heat treated or chemically treated in accordance with the requirements of the International Standards for Phytosanitary Measures (ISPM) 15:2009, "Regulation of Wood Packaging Material in International Trade."

4.2 Marking

Marking shall be in accordance with MIL-STD-129R.

Additionally, special marking labels (fragile, delicate, etc) shall be applied to all unit, intermediate and shipping containers as an integral part of the total pack. The contractor shall select the appropriate special marking label (s) as additional means to protect the items during packaging, handling, storage, transit and removal from the pack.

4.3 Transportation

Transportability issues shall be identified and addressed to ensure all shipments can be transported with unrestricted movement via over-the-road transport. Transportability problem items shall be identified in accordance with MIL-STD-1366E criteria. Requirements for shipment of DOD materiel shall meet, as a minimum, the requirements of the following rules and regulations, as applicable to the mode of transportation in the Defense Transportation Regulation, DTR DOD 4500.9-R, Part II, Uniform Freight Classification Rules, National Motor Freight Classification Rules, and American Trucker’s Association Rules.

4.4 Shipping Addresses

NAWCAD Lakehurst SE Staging Facility NAWCAD Lakehurst, Rt. 547

HANGAR 1

Joint Base MDL, NJ 08733 Mark For: MQ-4C USN Program POC: *To Be Filled In At Contract Award* *No Friday Deliveries

All exterior shipping containers/packaging shall at a minimum be marked with the following information: Part Number; Nomenclature; Quantity; Serial number(s); Contract Number; National Stock Number; and Manufacturer’s Name, Address, and CAGE Code.

Deliveries shall be made within four (4) months after order receipt. Early delivery is acceptable and encouraged.

4.5 Shipping Document

*To Be Filled In At Contract Award*

5.0 POINTS OF CONTACT

Acquisition Point of Contact:

*To Be Filled In At Contract Award*

Technical Point of Contact:

*To Be Filled In At Contract Award*

Wide Area Work Flow Point of Contact:

*To Be Filled In At Contract Award*

Section D - Packaging and Marking

CLAUSES INCORPORATED BY FULL TEXT

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

NAWCAD Lakehurst, Rt. 547

HANGAR 1

Joint Base MDL, NJ 08733 Mark For: MQ-4C USN Program POC: *To Be Filled In At Contract Award* *No Friday Deliveries

NAWCAD Lakehurst, Rt. 547

HANGAR 1

Joint Base MDL, NJ 08733 Mark For: MQ-4C USN Program POC: *To Be Filled In At Contract Award* *No Friday Deliveries

NAWCAD Lakehurst, Rt. 547

HANGAR 1

Joint Base MDL, NJ 08733 Mark For: MQ-4C USN Program POC: *To Be Filled In At Contract Award* *No Friday Deliveries

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

Section G - Contract Administration Data

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) For fixed price line items—

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

_____COMBO__________________________________________________

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

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

_____N/A____________________________________________________

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

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

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

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”) (**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

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

*To Be Filled In At Contract Award* (Contracting Officer: Insert applicable information or “Not applicable.”)

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

(End of clause)

Contract/Order Payment Clause

Type of Payment Request

Supply

Service

Construction

Payment Office Allocation Method

Contract Terms and

If there is more than one ACRN

Conditions— within a deliverable contract line

Commercial Products item, the funds will be allocated in and Commercial the same proportion as the

Services;

amount of funding currently

52.216-7, Allowable unliquidated for each ACRN on

Cost and Payment;

the line item billed.

52.232-7, Payments

Under Time-and-

Materials and Labor-

Hour Contracts

If there is more than one ACRN

within a deliverable line or

deliverable subline item, the funds will be allocated using the oldest funds first. In the event of a deliverable line or deliverable subline item with two or more

ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.

52.232-2, Payments

If there is more than one ACRN

Under Fixed-Price within a deliverable line item or

Research and deliverable subline item, the

Development funds will be allocated in the

Contracts;

same proportion as the amount

52.232-3, Payments of funding currently unliquidated

Under Personal for each ACRN on the deliverable

Services Contracts;

line or deliverable subline item for

52.232-4, Payments which payment is requested.

Under Transportation

Contracts and

Transportation-Related

Services Contracts; and

52.232-6, Payments

Under Communication

Service Contracts With

Common Carriers

For Government Use Only

ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.

Funds shall be allocated in the

(excluding contracts same proportion as the amount with multiple lot of funding currently unliquidated progress payments) for each ACRN. Progress payments are considered contract level financing, and the

“contract price” shall reflect the fixed-price portion of the contract per FAR 32.501-3.

52.232-16, Progress Payments;

252.232-7018, Progress Payments— Multiple Lots

If there is more than one ACRN within a lot, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the lot for which payment is requested.

See PGI 204.7108 paragraph (c) for multiple lot CLIN structure.

For Government Use Only

52.232-32, Performance-Based Payments

252.232-7002, Progress Payments for Foreign Military Sales Acquisitions

*Liquidation of Financing Payments. Liquidation will be applied by the payment office against those ACRNs which are identified by the payment instructions for the delivery payment and in keeping with the liquidation provision of the applicable contract financing clause (i.e., progress payment, performance-based payment, or commercial product and commercial service financing).

Section I - Contract Clauses

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES) (JUN 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 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)).

(ii) 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).

(iii) 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).

(iv) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328), unless the agency grants an exception--see paragraph (b) of 52.204-27.

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

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

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

(viii) 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).

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

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

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

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.233-1, Disputes (MAY 2014).

(vii) 52.244-6, Subcontracts for Commercial Products and Commercial Services (JUN 2023).

(viii) 52.253-1, Computer Generated Forms (JAN 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in 2.101 on the date of award of this contract).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020) (41 U.S.C. chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(v) 52.222-36, Equal Employment for Workers with Disabilities (JUN 2020) (29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vi) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.

Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(viii)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.))).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR ® Program or Federal Energy Management Program (FEMP) will be--

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) (A) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in 2.101 on the date of award of this contract, and the acquisition--

(1) Is set aside for small business concerns; or

(2) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $50,000).

(B) Alternate I (OCT 2022) (Applies if the Contracting Officer has filled in the domestic content threshold below, which will apply to the entire contract period of performance. Substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of domestic end product in paragraph (a) of 52.225-1:

(A) The cost of its components mined, produced, or manufactured in the United States exceeds percent of the cost of all its components. [Contracting officer to insert the percentage per instructions at 13.302-5(d)(4).])

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information.)

(xx) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.)

(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).

(iii) 52.211-17, Delivery of Excess Quantities (SEP 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 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):

(Insert one or more Internet addresses)

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights--

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAR 2023)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to…