RFP SF1449 ID04200024 23 Nov 2020.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

ID04200024

2. CONTRACT NO.

TBD

7. FOR SOLICITATION

INFORMATION CALL:

3. AWARD/EFFECTIVE

DATE

a. NAME

Stella Schoenberg

4. ORDER NUMBER 5. SOLICITATION NUMBER

47QFSA20R0011

b. TELEPHONE NUMBER (No collect calls)

(803) 530-6123

6. SOLICITATION ISSUE

DATE

11/23/2020

8. OFFER DUE DATE/

1/5/2021

TIME 4:30PM EST

9. ISSUED BY CODE 4QFSA 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100 % FOR:

GSA Region 4 SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

Sonia M. Hammons 77 Forsyth Street SW Atlanta, GA 30303-3490 United States

11. DELIVERY FOR FOB DESTINA-

12. DISCOUNT TERMS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

SMALL BUSINESS PROGRAM

EDWOSB

8 (A)

13b. RATING

NAICS:

339113

SIZE STANDARD:

TION UNLESS BLOCK IS

MARKED

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

DO-C9

14. METHOD OF SOLICITATION

OFFEROR CODE

TBD

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

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

OFFER BELOW IS CHECKED SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE CONTINUATION SHEET

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE

ARE NOT ATTACHED

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

Lexington, KY See block 9

17a. CONTRACTOR/ CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE

STANDARD FORM 1449 (REV.

2/2012) Prescribed by GSA - FAR (48 CFR) 53.212

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE CONTINUATION SHEET

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATI

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL FINAL

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

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

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Part B – SF 1149 Continuation Sheet Supplies/Services

B.1 Introduction

The contractor shall provide their pricing in Attachment 06 (LOM V22.3) and shall fill out and sign the SF1449 cover page and upload through the GSA business system portal, ITSS (https://portal.fas.gsa.gov/web/guest). This solicitation is intended for a Single Award Indefinite- Delivery/Indefinite-Quantity (IDIQ) contract for the Casualty Evacuation (CASEVAC) Tactical Combat Care (TCCC). The Contract will be primarily Firm Fixed Price (FFP) with Time and Material Line Items as noted. The contract will include a 60 month ordering period and two 12 month options. The contract minimum guarantee is $25,000.00, and the estimated contact maximum is (TBD see tab Estimated Contract Ceiling of Attachment 06) over the life of the contract. CLIN Maximums are only estimates and the Government reserves the right to realign CLIN estimates so long as the overall contract value does not exceed the estimated contract ceiling.

B.2 CONTRACT LINE ITEM (CLINs) STRUCTURE

BASE PERIOD CLINS 1001– 1009

Ordering Period 1

TBD 2021- TBD 2026

ITEM

NO

SUPPLIES/

SERVICES

MAX

QTY

UNIT

LOT

UNIT PRICE MAX AMOUNT

Extraction Kit

Description NSN

Extraction Kit, Multicam 6545‐01‐603‐7403

Extraction Kit, Coyote 6545‐01‐603‐7398

Extraction Module 2, Multicam 6545‐01‐605‐8200

Extraction Module 2, Coyote 6545‐01‐605‐8206

Extraction Module 3, Multicam 6545‐01‐605‐8423

Extraction Module 3, Coyote 6545‐01‐605‐8430

Extraction Module 3 Medications 6545‐01‐607‐8068

Extraction Module 1, Multicam 6545‐01‐605‐8152

Extraction Module 1, Coyote 6545‐01‐605‐8153

Firm Fixed Price (FFP) In accordance with (IAW) Statement of Work (SOW) Paragraph 4.1.1 FOB: Destination

MAX

NET AMT

ITEM

NO

SUPPLIES MAX

QTY

UNIT

LOT

UNIT PRICE MAX AMOUNT

Mobility Kit

Description NSN

Mobility Kit, Multicam 6545‐01‐603‐7379

Mobility Kit, Coyote 6545‐01‐603‐7375

Mobility Module 1 6545‐01‐605‐8457

Mobility Module 2, Multicam 6545‐01‐605‐8464

Mobility Module 2, Coyote 6545‐01‐605‐8465

FFP

In accordance with (IAW) Statement of Work (SOW) Paragraph 4.1.2 FOB: Destination

SUPPLIES MAX

QTY

UNIT

LOT

UNIT PRICE MAX AMOUNT

Transportation Kit Transportation Kit, Multicam 6545‐01‐603‐7357

Transportation Kit, Coyote 6545‐01‐603‐7352

Transportation Module 1/2, Multicam 6545‐01‐605‐8589

Transportation Module 1/2, Coyote 6545‐01‐605‐8591

Transportation Module 1/2 Medications 6545‐01‐607‐8052

Transportation Module 3/4, Multicam 6545‐01‐605‐8657

Transportation Module 3/4, Coyote 6545‐01‐605‐8677

Transportation Module 5, Multicam 6545‐01‐604‐3881

Transportation Module 5, Coyote 6545‐01‐604‐3890

Transportation Module 6, Multicam 6545‐01‐604‐3917

Transportation Module 6, Coyote 6545‐01‐604‐3926

IAW SOW Paragraph 4.1.3

SUPPLIES MAX

QTY

UNIT

LOT

UNIT PRICE MAX AMOUNT

Sustainment Kit

Sustainment Kit, Multicam 6545‐01‐603‐7320

Sustainment Kit, Coyote 6545‐01‐603‐7311

Sustainment Module 1, Multicam 6545‐01‐604‐3973

Sustainment Module 1, Coyote 6545‐01‐604‐3985

Sustainment Module 1 Medications TBD

Sustainment Module 2, Multicam 6545‐01‐604‐4031

Sustainment Module 2, Coyote 6545‐01‐604‐4039

Sustainment Module 2 Medications TBD

IAW SOW Paragraph 4.1.4

SUPPLIES MAX

QTY

UNIT

LOT

UNIT PRICE MAX AMOUNT

NET Training CONUS

CONUS 7 Pax

CONUS 14 Pax

CONUS 21 Pax

CONUS 28 Pax

OCONUS 7 Pax

OCONUS 14 Pax

OCONUS 21 Pax

OCONUS 28 Pax

IAW SOW Paragraph 4.2

SUPPLIES MAX

QTY

UNIT

LOT

UNIT PRICE MAX AMOUNT

NET Training OCONUS

CONUS 7 Pax

CONUS 14 Pax

CONUS 21 Pax

CONUS 28 Pax

OCONUS 7 Pax

OCONUS 14 Pax

OCONUS 21 Pax

OCONUS 28 Pax

IAW SOW Paragraph 4.2

NO

SUPPLIES/

SERVICES

MAX

QTY

UNIT

LOT

UNIT PRICE MAX AMOUNT

TBN

Replacement Parts

FFP

IAW SOW Paragraph 4.1.5

MAX

NET AMT

ITEM

NO

SUPPLIES/

SERVICES

MAX

QTY

UNIT

LOT

UNIT PRICE MAX AMOUNT

TBN

TCCC Engineering Change Proposals T&M

IAW SOW Paragraph

ITE

M

NO

SUPPLIES/

SERVICES

QTY

UNIT

LOT

UNIT PRICE

NSP

MAX AMOUNT

NSP

Contract Data Requirements List (CDRL)

CDRL shall be in accordance with the Statement of Work. This CLIN is Not Separately Priced. The price shall be included in the price of the applicable CLIN as annotated within the CDRL.

OPTION I CLINS 1001 – 1009

Ordering Period 2

2026-XXX 2027

Same information as CLINS 0001- 0009

OPTION II CLINS 2001-2009

Ordering Period 3

XXX 2027-XXX 2028

Same information as CLINS 0001- 0009

Descriptions and Specifications

B.3 The contractor shall perform all work in accordance with the Statement of Work (SOW) and attachments as listed in part d and as cited on individual delivery orders issued under the contract.

Additional details regarding DD1423, Contract Data Requirements Lists are specified as Exhibit A, listed in Part d.

Packaging and Marking

B.4 CLAUSES

CLAUSES INCORPORATED BY FULL TEXT

252.211-7003 Item Unique Identification and Valuation

MAR 2016

(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 http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.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 of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_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 item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier.

(1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government’s unit acquisition cost is $5,000 or more, except for the following line items:

Contract Line, Subline, or Exhibit Line Item Number Item Description

(ii) Items for which the Government’s unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract Line, Subline, or Exhibit Line Item Number Item Description (If items are identified in the Schedule, insert “See Schedule” in this table.)

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ____.

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ____.

(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology – International symbology specification – Data matrix; ECC200 data matrix specification.

(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that—

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology – Transfer Syntax for High Capacity Automatic Data Capture Media.

(5) Unique item identifier.

(i) The Contractor shall—

(A) Determine whether to—

(1) Serialize within the enterprise identifier;

(2) Serialize within the part, lot, or batch number; or

(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number);

and

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S.

Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.

(ii) The issuing agency code—

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) Enterprise identifier (if concatenated unique item identifier is used).

(5) Original part number (if there is serialization within the original part number).

(6) Lot or batch number (if there is serialization within the lot or batch number).

(7) Current part number (optional and only if not the same as the original part number).

(8) Current part number effective date (optional and only if current part number is used).

(9) Serial number (if concatenated unique item identifier is used).

(10) Government’s unit acquisition cost.

(11) Unit of measure.

(12) Type designation of the item as specified in the contract schedule, if any.

(13) Whether the item is an item of Special Tooling or Special Test Equipment.

(14) Whether the item is covered by a warranty.

(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:

(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.

(2) Unique item identifier of the embedded subassembly, component, or part.

(3) Unique item identifier type.**

(4) Issuing agency code (if concatenated unique item identifier is used).**

(5) Enterprise identifier (if concatenated unique item identifier is used).**

(6) Original part number (if there is serialization within the original part number).**

(7) Lot or batch number (if there is serialization within the lot or batch number).**

(8) Current part number (optional and only if not the same as the original part number).**

(9) Current part number effective date (optional and only if current part number is used).**

(10) Serial number (if concatenated unique item identifier is used).**

(11) Description.

** Once per item.

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:

(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/.

(2) Embedded items shall be reported by one of the following methods—

(i) Use of the embedded items capability in WAWF;

(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or

(iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) ___, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.

(g) Subcontracts. If the Contractor acquires by subcontract, any item(s) for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial items.

(End of clause)

(Revised December 8, 2017)

Inspection and Acceptance

B.5 Supplies/services will be Inspected/Accepted in accordance with the schedule below unless otherwise indicated on the delivery order:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

X001 Origin Government Origin Government X002 Origin Government Origin Government X003 Origin Government Origin Government X004 Origin Government Origin Government X005 Destination Government Destination Government X006 Destination Government Destination Government X007 Destination Government Destination Government X008 Destination Government Destination Government X009 Destination Government Destination Government

Clauses Incorporated by Reference

52.246-2 Inspection of Supplies—Fixed-Price AUG 1996 52.246-4 Inspection of Services—Fixed-Price AUG 1996 52.246-6 Inspection—Time-and-Material and

Labor-Hour

MAY 2001

52.246-7 Inspection of Research and Development—Fixed Price

AUG 1996

52.246-16 Responsibility for Supplies APR 1984

B. 6 Past Performance Information

The Government will provide and record Past Performance Information at the overarching IDIQ level utilizing the Contractor Performance Assessment Reporting System (CPARS). The CPARS process allows contractors to view and comment on the Government's evaluation of the contractor's performance before it is finalized. Contractors are required to register, after contract award, at the following web site and confirm completion of the registration process via email to the Contracting Officer:

CPARS: https://www.cpars.gov/

Deliveries or Performance

B.7 CLAUSES INCORPORATED BY REFERENCE

52.211-17 Delivery of Excess Quantities SEP 1989 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay of Work APR 1984 52.247-34 F.o.b. Destination NOV 1991

52.211-8 Time of Delivery.

The Government requires delivery to be made according to the following schedule:

Required Delivery Schedule

Item No. Quantity Within Days After Date of Contract

X001- X004 120 Days ARO

X005-X006 See NET Matrix

X007 120 Days ARO

X008 TBD at order Placement

X009 See CDRL

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

Offeror’s Proposed Delivery Schedule

Item No. Quantity Within Days After Date of Contract

X001- X004

X005-X006 See NET Matrix

X007

X008 TBD

X009 See CDRL

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

Alternate I (Apr 1984). If the delivery schedule is expressed in terms of specific calendar dates or specific periods and is based on an assumed date of award, the contracting officer may substitute the following paragraph (b) for paragraph (b) of the basic clause. The time may be expressed by substituting "on or before"; "during the months __________"; or "not sooner than __________ or later than ___________" as headings for the third column of paragraph (a) the basic clause.

(b) The delivery dates or specific periods above are based on the assumption that the Government will make award by __ [Contracting Officer insert date]. Each delivery date in the delivery schedule above will be extended by the number of calendar days after the above date that the contract is in fact awarded. Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails.

Alternate II (Apr 1984). If the delivery schedule is expressed in terms of specific calendar dates or specific periods and is based on an assumed date the contractor will receive notice of award, the contracting officer may substitute the following paragraph

(b) The delivery dates or specific periods above are based on the assumption that the successful offeror will receive notice of award by__ [Contracting Officer insert date]. Each delivery date in the delivery schedule above will be extended by the number of calendar days after the above date that the Contractor receives notice of award; provided, that the Contractor promptly acknowledges receipt of notice of award.

Alternate III (Apr1984). If the delivery schedule is to be based on the actual date the contractor receives a written notice of award, the contracting officer may delete paragraph (b) of the basic clause. The time may be expressed by substituting "within days after the date of receipt of a written notice of award" as the heading for the third column of paragraph (a) of the basic clause.

CLAUSES INCORPORATED BY FULL TEXT

Contract Administration Data

B.8

1. CONTRACTING OFFICER RESPONSIBILITIES

(a) The Contracting Officer (CO) is the sole and exclusive government official with actual authority to take actions which may bind the Government under this contract.

(b) The right to issue contract modifications, change terms and conditions, and terminate the contract is reserved solely for the Contracting Officer.

2. CONTRACTING OFFICER’S REPRESENTATIVE RESPONSIBILITIES

The client shall nominate a Contracting Officer Representative (COR). Management of this contract will be performed by the Contracting Officer through the COR. The COR will participate in client meetings pertaining to the contract and will provide technical assistance and clarification for the performance of this task.

Prior to task order award, the Contracting Officer will appoint a COR and issue a COR Designation Letter stating the authority of the COR. The Contractor shall receive a copy of the written designation.

a) The COR is responsible for monitoring the contractor's progress in fulfilling the technical requirements in the contract. The COR ensures that all required documentation and data are submitted in accordance with the procurement deliverable schedule. Should the contractor fail to fulfill the contractual requirements, the COR must inform the contractor of such failure. The COR will inform the contracting officer of any technical or contractual problems or delays. The COR maintains administration records, approves invoices and performs final inspection and acceptance of work performed under this contract.

b) The COR has no actual, apparent or implied authority to bind the Government. The COR may not grant the contractor permission to deviate from the requirements stated in the contract, nor direct the contractor to perform any work outside the scope of the contract.

Changes in the contract requirements, price or terms and conditions will only be made by the CO via properly executed modifications to the Contract. The Contracting Officer will appoint a COR and issue a COR Designation Letter stating the authority of the COR. The contractor will receive a copy of the written designation.

c) The services to be performed by the contractor during the period of this contract shall at all times and in all places be subject to review by the Contracting Officer or authorized representative(s).

3 INVOICE REQUIREMENTS

3.1 Payment Information

The contractor shall provide the following payment information for GSA use. It must be an exact match with the information under the contract number in the AAS Business Systems Portal, ITSS Contract Registration (not the contractor’s company or individual representative’s registration) as well as with the information under the contractor’s Data Universal Numbering System (DUNS) number in the System for Award Management (SAM), http://www.sam.gov. Mismatched information will result in rejected purchase orders and payments.

a. Company Name – Legal Business Name and Doing Business As (DBA) Name

b. Mailing Address – Contact and Address Information

c. Remittance Address – Remit To Address Information

d. Employer’s Identification Number – Federal Tax ID

e. DUNS (Data Universal Numbering System)

3.2 INVOICE INFORMATION

The invoice shall include the labor charges and other direct costs (ODCs) authorized by the Contract Officer’s Representative (COR) which are within scope of this contract (e.g., travel and/or materials) and reflect the details specified below. The contractor shall provide the following information on each invoice submitted via the GSA ASSIST and the Central Invoice System (CIS) at the following URL: https://portal.fas.gsa.gov/.

a. Invoice Number – do not use any special characters; GSA ASSIST and the invoice must match

b. ACT Number from GSA Form 33

c. GSA Order Number: ID0xxxxx – must match GSA ASSIST

d. Order Number from GSA Form SF1449

e. Point of Contact and Phone Number

f. Point of Contact eMail Address

g. Remittance Address

h. Period of Performance for the billing period

i. Total Invoice Amount

j. Total invoiced and cumulative Labor charges by Deliverable, skill level, and name.

k. Total invoiced and cumulative Reimbursable Costs. (These must be individually itemized and specified by individual category. Categories are Travel, Training, and Material ODCs).

l. Total invoiced and cumulative Travel Itemized by Individual and Trip (if applicable).

Travel charges must include the traveler’s name, location, and dates of travel.

m. Total invoiced and cumulative Training Itemized by Individual and Course (if applicable). Training charges must include the employees name, course name, location, and dates.

n. Total invoiced and cumulative Material ODCs and Support Items Itemized by Specific Item, dates delivered, and Amounts (if Applicable).

o. Total invoiced and cumulative Indirect charges (if Applicable).

p. Charges, identified by deliverable or line item(s), with a narrative description of the service performed. Reimbursable costs must be broken out as follows (this list is not all inclusive):

(1) ODC items itemized by specific item and amount

(2) Additional services itemized with attached approval

(3) Broken down by Contract Line Item Number (CLIN).

q. Grand Total for the Invoice and Cumulative Billed to Date Amounts

r. Unbilled Total

s. Burn Rate

t. Prompt Payment Discount, if offered

Total invoice amount must match the acceptance information posted in GSA ASSIST and cannot exceed the current contract ceiling, and funding.

Firm Fixed Price (FFP) services provided shall be invoiced for work performed by the contractor on a monthly basis in equal allotments. Time and Material Requirements shall provide the full detail noted above.

3.3 Invoice Submittal

G.3.3.1 A proper invoice shall be submitted not later than ten (10) workdays of each month after completion of the task or deliverables. The invoice must be submitted to GSA ASSIST and the Central Invoice System (CIS) web-based Order Processing System (https://portal.fas.gsa.gov/). The Client Representative (COR) and the GSA Customer Account Manager or Contract Specialist must approve the invoice in CIS prior to payment.

G.3.3.2 The payment information must satisfy a match between CIS and SAM for the invoice to be successfully processed for payment.

G.3.3.3 If the contractor submits a revised invoice, the revised invoice must include: 1) a unique invoice number, 2) a brief explanation, and 3) a cross-reference to any previous invoice submittals for tracking purposes and avoiding duplication.

G.3.3.4 Receipts, travel vouchers, etc. to support charges for other than employee labor hours must be completed in accordance with applicable Government regulations. The contractor shall maintain originals and make them available to the Government upon request. The contractor will also provide copies when requested by the Government.

G.3.3.5 Reimbursable costs must not exceed the limit(s) specified in the task order. The Government will not pay charges that are not specifically identified in the task and approved, in advance, by the Government.

G.3.3.6 Invoices for final payment must be so identified and submitted when the task has been completed and no further charges are to be billed.

3.4 Final Invoice/Task Order Closeout

The invoice for final payment must be so identified and submitted within 60 days from task order completion. No further charges are to be billed. The Contractor may request an extension of 60 days from the GSA CO to submit the final invoice. Mark with the word FINAL (even if it is a zero amount). Reimbursable travel costs shall be billed at a predetermined rate and are not subject to final rate approval. After the final invoice has been paid the Contractor shall furnish a completed and signed Release of Claims to the Contracting Officer. This release of claims is due within fifteen (15) calendar days of final payment.

Special Contract Requirements

B.9 H-1 Contractor Support/Advisory Personnel for Review of Proposals

The offeror’s attention is directed to the fact that contractor personnel may review and provide support during proposal evaluations. When appropriate, the following contractor personnel may have access to offeror’s proposals and may be utilized to objectively review a proposal in a particular functional area and provide comments and recommendations to the Government’s decision makers. They may not establish final assessments of risk, rate or rank offerors’ proposals.

All advisors shall comply with procurement Integrity Laws and shall sign Non-Disclosure and

Rules of Conduct/Conflict of Interest statements. The Government shall take into consideration requirements for avoiding conflicts of interest and ensure advisors comply with safeguarding source selection and proprietary data. Submission of proposal in response to the solicitation constitutes approval to release the proposal to Government Support Contractors.

Two (2) employees, one (1) from LVC Corp and one (1) from TMPC Inc.

H.2. Discrepancy of Specifications

In any case of discrepancy in the specifications, the matter shall be immediately submitted to the Contracting Officer. The decision of the Contracting Officer as to the proper interpretation of the specifications shall be final in accordance with the Disputes clause of this contract.

PART C - CONTRACT CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS. (FAR DEVIATION)

(FEB 2018)

(g)(2) The due date for making invoice payments by the designated payment office is the later of the following two events:

(i) The 10th day after the designated billing office receives a proper invoice from the Contractor.

If the designated billing office fails to annotate the invoice with the date of receipt at the time of receipt, the invoice payment due date shall be the 10th day after the date of the Contractor’s invoice; provided the Contractor submitted a proper invoice and no disagreement exists over quantity, quality, or Contractor compliance with contract requirements.

(ii) The 10th day after Government acceptance of supplies delivered or services performed by the Contractor.

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

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, Unauthorized Obligations, and Commercial Supplier Agreements - Unenforceable Clauses paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any commercial supplier agreements as amended by the Commercial Supplier Agreements -Unenforceable Clauses provision.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any commercial supplier agreement (as defined in 502.101) that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or 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:

(i) Any such language, provision, or clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the commercial supplier agreement. If the commercial supplier 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.

(iii) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(w) Commercial supplier agreements unenforceable clauses .When any supply or service acquired under this contract is subject to a commercial supplier agreement (as defined in 502.101), the following language shall be deemed incorporated into the commercial supplier agreement. As used herein, “this agreement” means the commercial supplier agreement:

(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the U.S. Government, the following shall apply:

(i) Applicability. This agreement is a part of a contract between the commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders under FAR 12).

(ii) End user. This agreement shall bind the ordering activity as end user but shall not operate to bind a Government employee or person acting on behalf of the Government in his or her personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language purporting to subject the U.S. Government to the laws of a U.S.

state, U.S. territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted.

(B) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted.

(C) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.

(iv) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the ordering activity to be in breach of the agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in subparagraph (d) (Disputes).

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the U.S. Government only when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice Act).

(vi) Updating terms.

(A) After award, the contractor may unilaterally revise commercial supplier agreement terms: if they are not material. A material change is defined as:

(1) Terms that change Government rights or obligations;

(2) Terms that increase Government prices;

(3) Terms that decrease overall level of service; or

(4) Terms that limit any other Government right addressed elsewhere in this contract.

(B) For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.

(C) Any agreement license terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

(vii) No automatic renewals. If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative.

(viii) Indemnification. Any clause of this agreement requiring the commercial supplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S.

Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

(ix) Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user's compliance with this agreement is hereby amended as follows:

(A) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the ordering activity. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order.

(B) This charge, if disputed by the ordering activity, will be resolved in accordance with subparagraph (d) (Disputes) through the Disputes clause at 552.212-4(d); no payment obligation shall arise on the part of the ordering activity until the conclusion of the dispute process.

(C) Any audit requested by the contractor will be performed at the contractor's expense, without reimbursement by the Government.

(x) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract or order and, in any event, must be submitted to the Contracting

Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the Government contract.

(xi) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government's prior approval, except as expressly permitted under subparagraph (b) of this clause.

(xii) Confidential information. If this agreement includes a confidentiality clause, such clause is hereby amended to state that neither the agreement nor the contract price list, as applicable, shall be deemed “confidential information.” Issues regarding release of “unit pricing” will be resolved consistent with the Freedom of Information Act. Notwithstanding anything in this agreement to the contrary, the Government may retain any confidential information as required by law, regulation or its internal document retention procedures for legal, regulatory or compliance purposes; provided, however, that all such retained confidential information will continue to be subject to the confidentiality obligations of this agreement.

(2) If any language, provision, or clause of this agreement conflicts or is inconsistent with the preceding paragraph (w)(1), the language, provisions, or clause of paragraph (w)(1) shall prevail to the extent of such inconsistency.

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Oct 2020)

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

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

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

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108- 77 and 108-78 ( 19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (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)…