RFP_HQ072723R0009_Redacted.pdf
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- Attached to
- DMEA Kulicke & Soffa (KnS) Wire Bonder RAPID Pro
- Solicitation number
- HQ072723R0009
- Issued by
-
Defense Microelectronics Activity
About this file
This solicitation requests quotes for the acquisition of an automatic wire bonder and related equipment, software, installation, training, and support. Quotes are due by 10 AM PST on September 20, 2023. Award will be made on a lowest price technically acceptable basis to the responsible offeror whose quote conforms to the solicitation and provides the best value to the government. The Defense Microelectronics Activity seeks a Kulicke & Soffa RAPID Pro wire bonder or equivalent to perform microcircuit assembly for internal and external customers. The solicitation describes required equipment specifications and features, auxiliary hardware, software, installation and training requirements, and a one-year support period. Options include advanced training, preventative maintenance, and spare parts.
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SEE ADDENDUM
( No Col lect Cal ls )
HQ072723R0009 13-Sep-2023
b. TELEPHONE NUMBER
916-231-2837
8. OFFER DUE DATE/LOCAL TIME
10:00 AM 20 Sep 2023
5. SOLICITATION NUM BER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
( SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t . Use Only)
23.
CODE 10. TH IS ACQUISI TION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
HQ07279. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAM E
MAKENZIE MURPHY
2. CONTRACT NO. 3 . AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
0 27a. SOLI CI TATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52. 212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRI ATION DATA
1. REQUISITION NUMBER
20.
ADDI TIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52. 212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDI NG ANY ADDITI ONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO I TEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THI S DOCUMENT AND RETURN
% FOR:SET ASI DE:UNRESTRICTED ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
DEFENSE MICROELECTRONICS ACTIVITY (HQ)
MECC 4234 54TH STREET
MCCLELLAN CA 95652
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE HQ0727 16. ADMINISTERED BY
12. DI SCOUNT TERMS11. DELIVERY FOR FOB DESTI NA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLIC ITATION
RFQ IFB RFPX
DEFENSE M ICROELECTRONICS ACTIVITY (HQ)
M EBC 4234 54TH STREET
M CCLELLAN CA 95652
TEL: ( 916) 231-2724 FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
NAICS:
334519
X
OFFER DATED
29. AW ARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWI SE IDENTIFI ED ABOVE AND ON ANY
COPI ES TO ISSUI NG OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN- OWNED
SM ALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF43
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEI VED INSPECTED
32b. SIGNATURE OF AUTHORI ZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATI VE
32e. MAILI NG ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORI ZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FI NALPARTIALCOMPLETE
36. PAY MENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHI P NUMBER
PARTI AL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAY MENT
41b. SIGNATURE AND TITLE OF CERTIFYI NG OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC 'D (YY/ MM/DD) 42d. TOTAL CONTAI NERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
HQ072723R0009
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Equipment Requirements
FFP
Equipment Requirements (SOW 3.1.1) FOB: Destination
PSC CD: 6625
NET AMT
Auxillary Hardware Requirements
FFP
Auxillary Hardware Requirements (SOW 3.1.2)
Software Requirements
FFP
Software Requirements (SOW 3.1.3)
Installation and Training Requirements
FFP
Installation and Training Requirements (SOW 3.1.4)
Support Requirement
FFP
Support Requirement (SOW 3.1.5)
OPTION Option 1, OY1
FFP
Option 1 - (SOW 3.2.1)
OPTION Option 2, OY1
FFP
Option 2 - (SOW 3.2.2)
OPTION Option 3, OY1
FFP
Option 3 - (SOW 3.2.3)
OPTION Option 2, OY2
FFP
Option 2 - (SOW 3.2.2)
OPTION Option 2, OY3
FFP
Option 2 - (SOW 3.2.2)
Section C - Descriptions and Specifications
STATEMENT OF WORK (SOW)
STATEMENT OF WORK (SOW)
DMEA 23-3D1
13 SEP 2023
1 SCOPE:
1.1 TITLE: DMEA Kulicke & Soffa (KnS) Wire Bonder RAPID Pro
1.2 APPLICABILITY: This statement of work applies to acquisition of an automatic Wire Bonder to bond gold and aluminum wire from die pads to package pads. The Wire Bonder is the critical process to connect die to the package.
1.3 BACKGROUND: MEAA’s Kulicke & Soffa (KnS) 8060 Wire Bonder and KnS ICONN Wire Bonder are no longer operational and DMEA does not have the capability to wire bond. Without this capability, DMEA’s internal and external customers would have to rely on external non-government packaging/assembly houses for all wire bonding projects.
1.4 PURPOSE: A new Wire Bonder is needed to complete Microcircuit Assembly (MCA) projects within
DMEA. The Wire Bonding capability is a well defined with already developed profiles that meets MIL STDs. Not having this capability prevents DMEA from completing MCA for all projects, requiring outsourcing to vendors significantly increasing lead times. The replacement equipment KnS Wire Bonder RAPID Pro decreases bonding times and has a Programmable Focus Optics (PFO) with Multy-Stitch Bonding, a simplified method for continuous bonding for stacked die, allowing bonder to bond once on a pad and to bond at a higher place with an automatic focus. Also, equipped with a Real-Time Process Monitoring (RPM) that stops the bonder from bonding other pads when the wire is broken/missing, a critical update that prevents damage to the product. New reduced parameter mode automates setting of parameters saving Engineering setup time.
2 REFERENCED GOVERNMENT PROVIDED RESOURCES: None
2.1 GOVERNMENT FURNISHED FACILITIES/ACCESS:
Facility/Access 2.2 Date PAS Lab Rooms 120,121,122,124 As scheduled in accordance with contract terms and tool arrival date
3 REQUIREMENTS: Deliver, install, validate, calibrate, and maintain the KnS RAPID Pro Wire Bonder equipment, meeting the following Requirements:
3.1 GENERAL REQUIREMENTS:
3.1.1 EQUIPMENT REQUIREMENTS: The contractor shall provide a Wire Bonder that fulfills the requirements and conforms to the specifications listed below:
3.1.1.1 Compatible Tool Footprint: The Wire Bonder footprint shall be similar in size as the Iconn Wire Bonder footprint and shall not be larger than 4ft (W) x 5ft (D) x 7ft (H).
3.1.1.2 Compatible Tool Working/Maintenance Area: The working area in front of the Wire Bonder shall be at least 4ft and the area behind the Bonder shall be no greater then 2ft.
3.1.1.3 Bonding Accuracy and Precision: The Wire Bonder shall be capable of Wire bonding ± 3.0um at 3 sigma, with a bond area of at least 6in x 6in.
3.1.1.4 Bonding Speed: The Wire Bonder shall have a minimum bonding speed of 1wire/sec (or 2 bonds every sec).
3.1.1.5 Wire Diameter Size and Material: The Wire Bonder shall bond wire diameter sizes within a 1mil to 2.5mil range and for both Au and Al wires, meeting the bond force MIL-STD-883 standards.
3.1.1.6 Movement Automation: The software interface shall be capable of programming sequences/patterns of movement, material parameters, and store them for repeatable procedures/recipes.
3.1.1.7 Replacing Bond Heads and De-Realers: Replacing Bond Heads and De-Realers shall not take longer than 4hrs for one operator to change, including the re-calibration of the Wire Bonder.
3.1.2 AUXILLARY HARDWARE REWUIREMENTS: The contractor shall provide auxiliary hardware parts that fulfills the requirements and conforms to the specifications listed below:
3.1.2.1 Contractor shall provide 1x ICONN/CONNX FB Calibration Gauge Kit.
3.1.2.2 Contractor shall provide 1x Flat Boat Kit without Force Tucker.
3.1.2.3 Contractor shall provide EFO Wand 20 MIL Hardware including ProCu flowhead.
3.1.2.4 Contractor shall provide EFO Wand Holder Assembly for ProCu.
3.1.2.5 Contractor shall provide 1x Stray Wire Collector Plus.
3.1.2.6 Contractor shall provide 1x PPart for Au Wire Bonding process.
3.1.2.7 Contractor shall provide 1x PPart for Wedge to Wedge (W2W) Al Wire Bonding process.
3.1.2.8 Contractor shall provide 1x Capillary Insertion JIG.
3.1.3 SOFTWARE REQUIREMENTS: The software for the Wire Bond shall fulfill the requirements and conforms to the specifications listed below:
3.1.3.1 Interoperability and System Interfacing: The software and interface for the Wire Bonder shall be similar to the KnS Iconn Wire Bonder software’s.
3.1.3.2 Software Licensing: License rights for the lifetime of the tool shall be included and software updates shall be provided within the warranty and support period.
3.1.3.3 Contractor shall provide Software Wedge to Wedge (W2W) Al Bonding.
3.1.3.4 Contractor shall provide Software Premium Software Prostitch Plus (PSP+) Au.
3.1.3.5 Contractor shall provide Software Programmable Focus 2X/6X (PFK/PFF) Kit.
3.1.3.6 Contractor shall provide all mandatory copper software to bond copper.
3.1.3.7 Contractor shall provide Premium Software ProAu Loop.
3.1.4 INSTALLATION AND TRAINING REQUIREMENT: The contractor shall provide installation and training to DMEA Engineers which fulfills the requirements and conforms to the specifications listed below:
3.1.4.1 Contractor shall provided 5 day training for 2x operators at KnS for Basic Training.
3.1.4.2 The Contractor shall unpack and install the Wire Bonder. All moving parts shall be mobilized, electrical interfaces (cord, male connector, female receptacle) assembled, gas lines connected with correct pressures and all connections verified as functioning properly.
3.1.4.3 If Calibration is required, a Calibration Certificate shall be provided.
3.1.4.4 The Contractor shall provide training on tool functionality including: Software interface, programming process parameters, setting/adjusting tool parameters, common alarm/fault troubleshooting adjustments, preventative maintenance procedures and overview of operating manual.
3.1.4.5 The Contractor shall provide documentation (hard and softcopies), including: User Manual, and Instructions.
3.1.5 SUPPORT REQUIREMENT: For a period of 12 months after the Tool installation, the contractor shall provide maintenance and process support to include at a minimum: Warranty and Technical Support consisting of all repair parts, maintenance parts, and labor. (Line Item #17)
3.2 OPTIONS
3.2.1 OPTION 1: The Contractor shall provide Advance Wire Bonding Training for two operators that includes:
Wedge to Wedge premium process, PSP+, and ProAu Loop training.
3.2.2 OPTION 2: The Contractor shall provide Preventative Maintenance period beyond the warranty period with an 12 month intervals for years 2, 3, and 4. (Line Item #18)
3.2.3 OPTION 3: KnS Care Basic w/ Spare Parts (At least One Year Period from purchase of equipment). Government seeks to explore potential trade in value of the current Iconn and 8060 wire bonders.
3.3 SECURITY: The Contractor shall provide advance notification prior to conducting any onsite training, inspection, installation, maintenance, or calibration. A forty-eight (48) hour minimum notice during normal business hours shall be given. All contractor work at DMEA shall be performed by US citizens unless an exception is granted in writing by DMEA. Prior to being allowed entry, contractor personnel shall provide proof of citizenship in accordance with the DMEA visitor approval process in effect at the time the visit is requested. During periods of exceptionally heightened security, additional advance notice background investigations of contractor personnel may be required prior to gaining entry into DMEA. The contractor shall comply with all DMEA Security policies, and shall adhere to all security related instructions given by
DMEA.
3.4 PROGRAM MANAGEMENT: None
3.5 PROGRAM SUMMARY: None
4 POINTS OF CONTACT:
DMEA/MEA PROJECT ENGINEER:
Address: 4234 54th Street McClellan, CA 95652-2100 Voice:
DMEA/MEAA COR:
DMEA/MEA BRANCH CHIEF:
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 2002 Destination Government Destination Government 3002 Destination Government Destination Government
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 27-SEP-2023 TO
26-SEP-2024
N/A DEFENSE MICROELECTRONICS
ACTIVITY (HQ)
MEBC 4234 54TH STREET
MCCLELLAN CA 95652
(916) 231-2724
HQ0727
0002 POP 27-SEP-2023 TO
26-SEP-2024
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 27-SEP-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 27-SEP-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 27-SEP-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 27-SEP-2024 TO
26-SEP-2025
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 27-SEP-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 27-SEP-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 27-SEP-2025 TO
26-SEP-2026
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 27-SEP-2026 TO
26-SEP-2027
N/A (SAME AS PREVIOUS LOCATION)
Section G - Contract Administration Data
CLAUSES INCORPORATED BY FULL TEXT
Wide Area Workflow (WAWF) Invoice and Receiving Report Submittal Instructions (DMEA #S16-012) WAWF application available through Procurement Integrated Enterprise Environment (PIEE) and is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
To access WAWF, the Contractor shall— Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov/SAM/; and Be registered to use WAWF at https://piee.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
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 training webpage at https://pieetraining.eb.mil/wbt/xhtml/index.xhtml.
WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
The Contractor shall submit Item Unique Identification IUID data “as part of the Material Inspection and Receiving Report” (as required by DFARS 252.211-7003) on delivered end items during the acceptance process.
Access WAWF via PIEE at https://piee.eb.mil// Table 1 - Vendors shall select “Send More Email Notifications” in WAWF to:
Government Points of Contact Email address Contracting Officer Representative (COR)/Project Engineer/Manager and or Technician Contract Specialist or Contracting Officer makenzie.a.murphy.civ@mail.mil
WAWF Administrator osd.mcclellan-park.dmea.list.piee@mail.mil
WAWF MailBox osd.mcclellan-park.dmea.list.piee@mail.mil
(1) Definitions:
Acceptor: Contracting Officer’s Representative/Project Engineer/Program/Project Manager, or other government acceptance official.
Pay Official: DFAS payment - HQ0748 SHIP To/Service Acceptor DoDAAC: - HQ0727
(2) WAWF Contractor Input Information. The contractor shall input the selected Document Type creating electronic payment requests in WAWF:
____ “Invoice” ____ “2-in-1 Invoice” (Services Only) ____ “Receiving Report” _X__ “Invoice and Receiving Report” (Combo) for Materials and or Services ____ “Cost Voucher” (FAR 52.216-7, 52.216-13, 52.216-14, 52.232-7) Table 2 - For WAWF Routing Information based on Contract Type
Description SF 26 SF 33 SF 1442 SF 1449 DD 1155 Located In Block /Section Contract Number Delivery Order
See Individual Order
See Individual Order
N/A
CAGE Code 7 15a 14 17a 9 Pay DoDAAC 12 HQ0748 25 HQ0748 27 HQ0748 18a HQ0748 15 HQ0748
Inspection/Accept ance
Section E or INSPECTION AND ACCEPTANCE
Issue Date 3 5 3 3 3 Issue by DoDAAC
5 HQ0727 7 HQ0727 7 HQ0727 9 HQ0727 6 HQ0727
Admin DoDAAC 6 HQ0727 24 HQ0727 26 HQ0727 16 HQ0727 7 HQ0727 Ship To/Service Acceptor DoDAAC
6 HQ0727 24 HQ0727 26 HQ0727 16 HQ0727 7 HQ0727
Ship to Extension Do Not Fill In Services or Supplies
Based on majority of requirement as determined by monetary value
Final Invoice? Do not change “N” (no) to “Y” (yes) unless this is the last invoice and the contract is ready for closeout
COR/Project Engineer
The point of contact for the ship to address in Section F – Delivery Information
(3) Invoices - Invoice 2-n-1 (Services Only) and Invoice and Receiving Report (Combo):
When submitting the final invoice for payment for a contract, select the “Y” selection from the “Final Invoice?”
drop-down box.
Upon successful submission of the invoice, click on the Send More Email Notifications link to send to email addresses listed in Table 1 above.
(4) Defense Finance and Accounting Service (DFAS) information may be accessed using the DFAS website at http://www.dfas.mil/. Payment status information may be accessed using the myInvoice system in WAWF (myInvoice system requires registration in the WAWF system) or by calling the DFAS Columbus helpdesk at 800- 756-4571(Select Option 2, then Option 2 again). The contract number and shipment/invoice number will be required to check payment status.
Payment Instructions (DMEA #X16-001)
(a) In accordance with DFARS PGI 204.7108, the payment office shall allocate and record the amounts paid to the accounting classification citations in the contract using the table below based on the type of payment request submitted (see DFARS 252.232-7006) and the type of effort.
For Government Use Only
Contract/Order Payment Clause
Type of Payment Request
Supply Service Construction Payment Office Allocation Method
52.212-4 (Alt I), Contract Terms and Conditions— Commercial Items 52.216-7, Allowable Cost and Payment 52.232-7, Payments under Time-and- Materials and Labor-Hour Contracts
Cost Voucher
X X N/A Line item specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.
52.232-1, Payments Navy Shipbuilding
X N/A N/A Line Item specific by fiscal year. If there is more than one ACRN
Invoice (Fixed Price) within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.
52.232-1, Payments;
52.232-2, Payments under Fixed-Price Research and Development Contracts; 52.232-3, Payments under Personal Services Contracts; 52.232-4, Payments under Transportation Contracts and Transportation- Related Services Contracts; and 52.232-6, Payments under Communication Service Contracts with Common Carriers
Invoice X X N/A Line Item Specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.
52.232-5, Payments Under Fixed-Price Construction Contracts
Construction Payment Invoice
N/A N/A X Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.
52.232-16, Progress Payments
Progress Payment*
X X N/A Contract-wide proration. Funds shall be allocated in the same proportion as the amount of funding currently unliquidated 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.
52.232-29, Terms for Financing of Purchases of Commercial Items;
Commercial Item Financing*
X X N/A Specified in approved payment.
The contracting officer shall specify the amount to be paid and the account(s) to be charged for
52.232-30, Installment Payments for Commercial Items each payment approval in accordance with FAR 32.207(b)(2) and 32.1007(b)(2).
52.232-32, Performance-Based Payments
Performance- Based Payments*
X X N/A Specified in approved payment.
The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2) and 32.1007(b)(2).
252.232-7002, Progress Payments for Foreign Military Sales Acquisitions
Progress Payment*
X X N/A Allocate costs among line items and countries in a manner acceptable to the Administrative Contracting Officer.
*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 item financing).
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUN 2020
52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-21 Basic Safeguarding of Covered Contractor Information Systems
NOV 2021
52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services
DEC 2022
52.217-9 Option To Extend The Term Of The Contract MAR 2000 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
MAR 2023
52.245-1 Government Property SEP 2021 52.252-2 Clauses Incorporated By Reference FEB 1998 52.252-6 Authorized Deviations In Clauses NOV 2020 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
JAN 2023
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial
Services
JAN 2023
252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property
APR 2012
252.245-7002 Reporting Loss of Government Property JAN 2021 252.245-7003 Contractor Property Management System Administration APR 2012 252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7023 Transportation of Supplies by Sea JAN 2023
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 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 products and commercial services: [Contracting Officer check as appropriate.]
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
X (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) [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).
X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).
___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
____ (10) [Reserved]
____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).
____ (12) 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).
____ (13) [Reserved]
____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
____ (ii) Alternate I (MAR 2020) of 52.219-6.
____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
____ (ii) Alternate I (MAR 2020) of 52.219-7.
____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).
____ (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (NOV 2016) of 52.219-9.
____ (iii) Alternate II (NOV 2016) of 52.219-9.
____ (iv) Alternate III (JUN 2020) of 52.219-9.
____ (v) Alternate IV (SEP 2021) of 52.219-9.
____ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
____ (ii) Alternate I (MAR 2020) of 52.219-13.
____ (19) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).
____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).
____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C.
657f).
X (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (MAR 2023) (15 U.S.C. 632(a)(2)).
____ (ii) Alternate I (MAR 2020) of 52.219-28.
____ (23) 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)).
____ (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 (OCT 2022) (15 U.S.C. 637(m)).
____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
____ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).
X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
X (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).
X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
X (30)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
____ (ii) Alternate I (FEB 1999) of 52.222-26.
____ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
____ (ii) Alternate I (JUL 2014) of 52.222-35.
____ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
____ (ii) Alternate I (JUL 2014) of 52.222-36.
____ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.
13496).
X (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
____ (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
____ (37)(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.)
____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners
(JUN 2016) (E.O. 13693).
____ (40)(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.
____ (41)(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.
____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).
____ (43)(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.
X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.
13513).
____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).
____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
____ (ii) Alternate I (JAN 2017) of 52.224-3.
____ (48) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).
____ (ii) Alternate I (OCT 2022) of 52.225-1.
____ (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
____ (ii) Alternate I [Reserved].
____ (iii) Alternate II (DEC 2022) of 52.225-3.
____ (iv) Alternate III (JAN 2021) of 52.225-3.
____ (v) Alternate IV (OCT 2022) of 52.225-3.
____ (50) 52.225-5, Trade Agreements (DEC 2022) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
____ (51) 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).
____ (52) 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).
____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150
____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.
5150).
____ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
____ (56) 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).
____ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
X (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C.
3332).
____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
X (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.
55305 and 10 U.S.C. 2631).
____ (ii) Alternate I (APR 2003) of 52.247-64.
____ (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]
_____ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).
_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).
_____ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.
13658).
_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds 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 (f) of FAR clause 52.222-40.
(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.
(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C. chapter 67).
(xiii) _____ (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
_____ (B) Alternate I (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 (MAY 2022) (E. O. 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)
Section K - Representations, Certifications and Other Statements of Offerors
52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-24 Representation Regarding Certain Telecommunications and
Video Surveillance Services or Equipment
NOV 2021
52.204-26 Covered Telecommunications Equipment or Services-- Representation.
OCT 2020
52.209-7 Information Regarding Responsibility Matters OCT 2018 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
SEP 2022
252.204-7008 Compliance With Safeguarding Covered Defense Information Controls
OCT 2016
252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
MAY 2021
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.225-7000 Buy American--Balance Of Payments Program Certificate--
Basic (Nov 2014)
NOV 2014
252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.247-7022 Representation of Extent of Transportation by Sea JUN 2019
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (DEC 2022)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision --
"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.
"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
"Sensitive technology"--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"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 size standards in this solicitation.
(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.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002", means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent…
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