B08_RFQ_SAM posting_Monitors_16April2024.docx

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ACC-RI Monitors
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This document is a Request for Quote (RFQ) issued by the United States Army Contracting Command Rock Island Arsenal (RIA) for 27" monitors with accessories. The RIA has a requirement for 714 monitors and cables with a requested delivery date of July 12, 2024. The RFQ provides detailed specifications for the monitors, including display type, resolution, warranty, and connectivity requirements. Quotes are due by 10:00 a.m. CST on April 17, 2024, and the government intends to award a firm-fixed-price call order to the lowest-priced, responsive, and responsible contractor. Payment will be made through the Wide Area Workflow system, and the government is tax-exempt. The RFQ also includes important information regarding visitor access and identification requirements for entering the Rock Island Arsenal.

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08April,2024 SUBJECT: Request for Quote (RFQ) for Monitors

REFERENCE:

a) Attachment 0001 – RFQ Price Matrix

Dear Sir/Ma’am, The United States Army Contracting Command Rock Island Arsenal (RIA) has a requirement for 27” monitors with accessories (Request for Quote spreadsheet attached). Please submit your pricing and additional requested information on the attached spreadsheet. Please note that this material has a requested incremental delivery date. Please note if you can meet the requested delivery date in column “I” of the attached spreadsheet for this item.

Please see below salient characteristics for 714 Monitors and 714 Cables with an RDD of 12 July 2024:

· Size: 27”

· Display Type: IPS or LED, Borderless Panel

· Resolution: 1920x1080

· Warranty: 3year

· 3’ to 5’ Display Port Cable

· Height Adjustable Stand, Height: 130.0mm(±2.0mm) Tilt: -3° (±2.0°) ~ 25° (±2.0°) Swivel: -45˚(±2.0˚) ~ 45˚(±2.0˚)

· Max Refresh Rate 75Hz,

· Power type internal, Power Supply AC 100~24V,

· Max Dimensions without stand 24.5 x 14.5 x 1.75

· Energy Star Certified

· Headphone Input

· 2ea USB ports

· 1ea Display Port

· 1ea HDMI Port

· Eye Saver Mode

· USB Firmware Update

· Auto Source Switch

· Windows 10 & Compatible

· Energy Star Certified

QUOTES DUE VIA EMAIL by 10:00 a.m. CST (Central Standard Time) on Wednesday, 17 April 2024.

The Government intends to make a firm fixed price (FFP) Call Order to the lowest priced, responsive, responsible contractor whose quote, conforms to the RFQ requirements and represents the lowest total evaluated price.

QA Requirements: Government Inspection.

FOB Destination: Rock Island Arsenal, Rock Island, IL 61299.

Payment Method: WAWF (Wide Area Workflow - DFAS).

The Federal Government is Exempt from taxes.

Ship to:

Delivery is M-F 0700-1500 Preferred delivery method: Delivery vehicle with liftgate.

Ryan Taylor GOV Cell: (309) 430-3300 Army Contracting Command Bldg 60 3055 Rodman Avenue Rock Island, IL 61299-8000A

Questions are due by 12:00 p.m. CST (Central Standard Time) on Tuesday, 16 April, 2024.

Quotes are due by 10:00 a.m. CST (Central Standard Time) on Wednesday, 17 April, 2024.

We look forward to receipt of your quote. Thank you kindly, Points of Contact:

Primary Contract Specialist: Anna Kohl, anna.l.kohl3.civ@army.mil Alternate Contract Specialist: Joe Rivard: lynn.j.rivard3.civ@army.mil Contracting Officer: Nathan Tutor, nathanial.s.tutor.civ@army.mil

NOTE: IMPORTANT DELIVERY INFORMATION:

Effective Immediately: Rock Island Arsenal (RIA) Visitor Access Passes are issued to individuals, not companies. All visitors, to include transportation and freight services, official and unofficial, are highly suggested to pre-register at least three (3) business days in advance. Pre-registering visitors allows for the NCIC-III background check to be conducted before the individual visits RIA, reducing the wait time necessary to complete the check.

All visitors must complete a Visitor Access Request Form. Access Request Forms should be emailed or faxed prior to the delivery. The Visitor Access Request Form can be found at http://www.usagria.army.mil/AccessRequests Follow the instructions on How to Obtain a Visitor Pass. All first time visitors must process through the Moline Gate Visitor Center.

Trucks must enter through Moline, IL gate, off of river drive in Moline i-74. Transportation Service Providers are required to send drivers with proper identification who meet all the installation access requirements. Transportation Service Providers are required to send United States Citizens and drivers that will pass applicable background checks. Failure to do so can result in warnings or Non-use. Real ID access implementation is active at Rock Island Arsenal, IL. Individuals using a driver's license from the states of Illinois, Minnesota, Missouri, New Mexico or Washington will have to use a secondary form of Identification to enter U.S. military installations. Additional forms of identification that may be used in conjunction with a state driver's license are Vehicle Registration with name and address, Veterans Health Identification Card, PIV Card, PIV-1 Card, DHS "Trusted Traveler" Card, U.S. Certificate of Naturalization or Certificate of Citizenship (Form N-550), and State of Illinois Firearm Owners Identification (FOID) card.

The prime vendors need to ensure this information is passed on to any subcontractors and/or transportation providers they may utilize during performance of their contract. Drivers who do not meet the installation access requirements, they will not be allowed on the installation and will be turned away.

POC for this Policy are:

Rock Island Arsenal Visitor Center

(309) 782-0485 -phone (309 782-5029-fax usarmy.ria.imcom.mbx.usag-access-request@mail.mil

QA Requirements: Government Inspection.

FOB Destination: Rock Island Arsenal, Rock Island, IL 61299.

Payment Method: WAWF (Wide Area Workflow - DFAS).

The Federal Government is Exempt from taxes.

DFARS: 252.232-7006 Wide Area Workflow Payment Instructions

A (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

(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.

(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*

Field Name in WAWF
Data to be entered in WAWF
Pay Official DoDAAC
HQ0303
Issue By DoDAAC
W519TC
Admin DoDAAC**
W519TC
Inspect By DoDAAC
W519TC
Ship To Code
W519TC

(*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.

Primary Contract Specialist: Sophia Moritz, sophia.a.moritz2.civ@army.mil Alternate Contract Specialist: Joe Rivard: lynn.j.rivard3.civ@army.mil Contracting Officer: Nathan Tutor, nathanial.s.tutor.civ@army.mil

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

(End of Clause)

DEPARTMENT OF THE ARMY

ARMY CONTRACTING COMMAND – ROCK ISLAND

3055 RODMAN AVENUE

ROCK ISLAND, IL 61299-8000

REPLY TO

ATTENTION OF:

*****END OF ADDENDUM TO 52.212-1 INSTRUCTIONS TO OFFERORS- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)*****

CLAUSES INCORPORATED BY REFERENCE

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
52.204-18
Commercial and Government Entity Code Maintenance
AUG 2020
52.204-21
Basic Safeguarding of Covered Contractor Information
NOV2021

Systems

52.212-1
Instructions to Offerors--Commercial Products and
SEP 2023

Commercial Services

52.212-3 Alt I
Offeror Representations and Certifications--Commercial
OCT 2014

Products and Commercial Services (SEP 2023) Alternate I

52.212-4
Contract Terms and Conditions--Commercial Products and
DEC 2022

Commercial Services

252.203-7000
Requirements Relating to Compensation of Former DoD
SEP 2011

Officials

252.203-7002
Requirement to Inform Employees ofWhistleblower Rights
DEC 2022
252.203-7005
Representation Relating to Compensation of Former DoD
SEP 2022

Officials

252.204-7015
Notice of Authorized Disclosure oflnformation for Litigation
JAN 2023

Support

252.204-7016
Covered Defense Telecommunications Equipment or Services
DEC 2019

-- Representation

252.204-7017
Prohibition on the Acquisition of Covered Defense
MAY 2021

Telecommunications Equipment or Services -- Representation

252.204-7018
Prohibition on the Acquisition of Covered Defense
JAN 2023

Telecommunications Equipment or Services

252.204-7024
Notice on the Use of the Supplier Performance Risk System
MAR2023
252.223-7008
Prohibition ofHexavalent Chromium
JAN 2023
252.225-7001
Buy American and Balance of Payments Program--Basic
JAN 2023
252.225-7056
Prohibition Regarding Business Operations with the Maduro
JAN 2023

Regime

252.244-7000
Subcontracts for Commercial Products or Commercial
JAN 2023

Services

252.247-7023
Transportation of Supplies by Sea
JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

1. Inspection/Acceptance. The Contractor shall only tender for acceptance 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. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

a) Within a reasonable time after the defect was discovered or should have been discovered; and before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

2. Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

3. Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

4. Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233- 1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

5. Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

6. 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, fues, 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.

7. Invoice: The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

a. Name and address of the Contractor;

b. Invoice date and number;

c. Contract number, line item number and, if applicable, the order number;

d. Description, quantity, unit of measure, unit price and extended price of the items delivered;

e. Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

f. Tenns of any discount for prompt payment offered;

g. Name and address of official to whom payment is to be sent;

h. Name, title, and phone number of person to notify in event of defective invoice; and

i. Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

j. Electronic funds transfer (EFT) banking information.

i. The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

ii. If EFT banking information is not required to be on the invoice, in order for the invoice to be

iii. a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer Other Than System for Award Management), or applicable agency procedures.

iv. EFT banking information is not required if the Government waived the requirement to pay by EFT.

k. Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (0MB) prompt payment regulations at 5 CFR Part 1315.

8. Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

9. Payment.

a) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.

b) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

c) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

d) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

e) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor.

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

f) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(i) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(ii) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) 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 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 which reasonably could have been avoided.

(m) 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 tenns 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.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) 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.

(p) Limitation ofliability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(i) The schedule of supplies/services.

(ii) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(iii) The clause at 52.212-5.

(iv) Addenda to this solicitation or contract, including any license agreements for computer software.

(v) Solicitation provisions if this is a solicitation.

(vi) Other paragraphs of this clause.

(vii) The Standard Form 1449.

(viii) Other documents, exhibits, and attachments.

(ix) The specification.

(t) Unauthorized Obligations.

(i) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(A) Any such clause is unenforceable against the Government.

(B) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue ofit appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(C) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(ii) Paragraph (u)(l) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(u) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

1. 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:

a. 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)).

b. 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).

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

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

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

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

g. 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)).

2. 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:

a. 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 of2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

4) ___ 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

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

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

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

8) ___ 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOY 2021) (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) ___ 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

11) ___ 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).

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

a. ___ Alternate l (MAR 2020) of 52.219-6.

13) ___ 52.219-7, Notice of partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

a. ___ Alternate I (MAR 2020) of 52.219-7.

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

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

a. ___ Alternate I (NOV 2016) of 52.219-9.

b. ___ Alternate II (NOV 2016) of 52.219-9.

c. ___ Alternate Ill (JUN 2020) of 52.219-9.

d. ___ Alternate IV (SEP 2023) of 52.219-9.

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

a. ___ Alternate I (MAR 2020) of 52.219-13.

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

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

19) ___ 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657£).

20) ___ 52.219-28, Post-Award Small Business Program Representation (SEP 2023) (15 U.S.C. 632(a)(2)).

a. ___ Alternate I (MAR 2020) of 52.219-28.

21) ___ 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)).

22) ___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)).

23) XX__52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

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

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

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

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

28) XX__52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

a. ___Alternate I (FEB 1999) of 52.222-26.

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

a. ___ Alternate I (JUL 2014) of 52.222-35.

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

a. ___Alternate I (JUL 2014) of 52.222-36.

31) ___52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

32) _XX__52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

33) ___52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

a. 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 (MAY 2022). (E. 0. 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.)

35) ___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.)

a. ___Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.

36) ___52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

a. ___52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

37) ___52.223-13, Acquisition ofEPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

a. ___Alternate I (OCT 2015) of52.223-l3.

38) ___52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

a. ___Alternate I (JUN 2014) of 52.223-14.

39) ___52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

40) ___52.223-16, Acquisition ofEPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

a. ___Alternate I (JUN 2014) of 52.223-16.

41) _XX__52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

42) ___52.223-20, Aerosols (JUN 2016) (E.O. 13693).

43) ___52.223-21, Foams (JUN 2016) (E.O. 13693).

44) ___52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

a. ___Alternate I (JAN 2017) of 52.224-3.

45) ___52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

a. ___Alternate I (OCT 2022) of 52.225-1.

46) ___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.

a. ___Alternate I [Reserved].

b. ___Alternate II (DEC 2022) of 52.225-3.

c. ___Alternate III (JAN 2021) of 52.225-3.

d. ___Alternate IV (OCT 2022) of 52.225-3.

47) ___52.225-5, Trade Agreements (DEC 2022) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

48) _XX__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).

49) ___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).

50) ___52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

51) ___52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

52) ___52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

53) ___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).

54) ___52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

55) _XX__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 (WL 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)(l3)).

60) ___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).

a. ___Alternate I (APR 2003) of 52.247-64.

b. ___Alternate II (NOV 2021) of52.247-64.

3. 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).

4. Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph.

a. if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, 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.

b. 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.

c. 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.

d. 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. 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)(l) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

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

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

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

(v) 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.

(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 (JUN 2020) (38 U.S.C. 4212).

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

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (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 (t) of FAR clause 52.222-40.

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

(xiii) XX (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).

(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 (MAY 2022) (E. 0. 12989).

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

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

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

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

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

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

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

(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

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

(a) Definitions. As used in this clause-

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

Concatenated unique item identifier means--

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

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

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

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

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

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

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

Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency. Government's unit acquisition cost means--

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

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

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

Issuing agency means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register oflssuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Re Authority15459.

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

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

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

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

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

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

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

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

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

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

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

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

Unique…

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