MiPACS MAINTENANCE 2024 and 1449.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

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

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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.

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

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

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITON IS

UNRESTRICTED OR

NAICS:

SIZE STANDARD:

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

EMERGING SMALL

BUSINESS

8(A)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

334510 paa4119 Typewritten Text

SOLICITATION: MIPACS_MAINTENANCE_2024_RFP Page 2 of 55

Table of Contents Page Continuation of Blocks from the Standard Form 1449 3 Block 8, Offer Due Date/Local Time 3 Block 9, Issued By 3 Block 17a, Contractor/Offeror (Fill this in on that page in the solicitation) 3 Block 17b, Remittance Address (If applicable, fill this in on that page in the solicitation) 3 Block 19-22, Item No., Schedule of Supplies/Services, Quantity, Unit (Cybersecurity Requirements) 3 Minimum Requirements 4

Caution Notices Checklist 5 Exceptions (Section is for possible changes applicable to all vendor proposals. If an exception is granted, it would require an amendment and an extension of the closing date may be needed)

Pricing Questions, vendor response required 6 DoD Public Key Infrastructure (PKI) 7

Contract Clauses

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (by reference, see SF 1449, Block 27a)

Addendum to 52.212-4 8 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive

Orders—Commercial Products and Commercial Services

Addendum Containing Supplementary Clauses in Full Text and by Reference 17 52.252-2 Clauses Incorporated by Reference 25

Contract Documents, Exhibits or Attachments

DHA Cybersecurity-RMF Requirements N/A

Solicitation Provisions

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services, (by reference, see SF 1449, Block 27a)

Addendum to 52.212-1 31 52.212-2 Evaluation— Commercial Products and Commercial Services 33 52.212-3 Offeror Representations and Certifications— Commercial Products and

Commercial Services, Alternate I

Addendum to 52.212-3 45 Addendum Containing Supplementary Provisions in Full Text and by Reference 46

Procurement Notes 52 Additional Clauses 52

SOLICITATION: MIPACS_MAINTENANCE_2023_RFP Page 3 of 55

1. Block 8 Offer Due Date/Local Time: 8:00 P.M. LOCAL TIME, September 23, 2024

2. Block 9: Offer must be emailed to the following individuals:

Christine Welker, Christine.Welker@dla.mil Cheryl A. Zekas, Cheryl.Zekas@dla.mil

HARD COPIES WILL NOT BE ACCEPTED

3. Block 17a (MUST BE FILLED IN HERE)

› Offeror’s assigned Unique Entity Identifier Number: . (If you do not have a Unique Entity Identifier number, contact the individual identified in Block 7a of the SF 1449 or see 52.212-1, Instructions to Offerors— Commercial Products and Commercial Services (paragraph j) for information on establishing a unique entity identifier.) Offeror’s assigned Contractor and Government Entity (CAGE) Code:

4. Block 17b (IF APPLICABLE, FILL IN HERE) Remittance Address: (if different from Contractor/Offeror address in block 17a of the SF 1449.)

5. Blocks 19-22 Item No., Schedule of Supplies/Services, Quantity, Unit-See spreadsheet entitled “MiPACS Offeror’s Sheet”.

The Offeror MUST use the spreadsheet titled “MiPACS 2024 Requirement List” to submit their offer.

This is an all or none requirement.

NOTE: The Offeror MUST complete and submit this spreadsheet as their offer. No other forms of pricing will be accepted or considered. Submitting a vendor generated quote instead of this completed spreadsheet will constitute an unacceptable offer.

6. Pricing Support for Price Reasonableness Determination: The vendor must submit commercial invoices (or commercial quotes if invoices are not available) for each item quoted to substantiate pricing.

7. This acquisition is being processed under the authority of FAR 13.5, “Simplified Procedures for Certain Commercial Products and Commercial Services” and therefore will utilize simplified procedures for soliciting competition, evaluation, and award documentation and notification that comply with FAR 13.1.

8. Cybersecurity Requirements

The vendor agrees to comply with the latest version of the Defense Health Agency (DHA) Cyber Logistics (CyberLOG) Cybersecurity/Risk Management Framework (RMF) Requirements, updated January 5, 2022. The RMF requirements will also be incorporated into any resultant contract.

Continuation of Blocks from SF 1449 mailto:Christine.Welker@dla.mil mailto:Cheryl.Zekas@dla.mil

SOLICITATION: MIPACS_MAINTENANCE_2024_RFP Page 4 of 55

The result of this of this solicitation will result in a contract with a (1) one year base and (4) four one year option periods.

MiPACS Maintenance 2024 United States Air Force, United States Air Reserve Command, and Air National Guard Requirement List:

*MiPACS Annual Support and Maintenance:

- The vendor shall cover all MiPACS components of the Dental Imaging Collaborative Environment (DICE) for the U.S. Air Force, U.S. Air Reserve Command, and Air National Guard.

- The vendor shall provide Annual Maintenance including access to new versions, updates, and patches to the MiPACS Components as they are released. Bug fixes, and enhancements, including any feature requests made by users which are approved by Medicor are provided in these updates.

- The vendor shall provide Base MiPACS Storage Servers, MiPACS Dental Enterprise Viewers and Central Archive.

- The vendor shall extend the software license agreement for MiPACS for the term of the Renewal *MiPACS Annual Maintenance and Technical Support for period: September 30, 2024, through October 1, 2025.

Qty Part # Description 1 MP-ENTAF-SUPP MiPACS Annual Support - Air Force Enterprise

1 MP-ENTAF-MAINT MiPACS Annual Maintenance - Air Force Enterprise

4 DIE-SUPP MiPACS Dental Enterprise - Annual Support Active Duty / AFRC - Quarterly

4 DIE-MAINT MiPACS Dental Enterprise - Annual Maintenance

ANG

SOLICITATION: MIPACS_MAINTENANCE_2024_RFP Page 5 of 55

CAUTION NOTICE

This Caution Notice will become part of the solicitation and any resultant contract.

CAUTION -CHECKLIST

Below is a checklist of the information you must submit with your offer under this Request for Proposal. If you have or are planning to submit an offer to this solicitation, please review the checklist below to ensure your quote will be complete. You must answer all questions listed below and provide all the information requested in items 1 through 7 as part of your proposal.

1. Did you provide all clause fill-ins and attachments addressed in Solicitation MIPACS_ MAINTENANCE_2024_RFP to include Page 1 with date and signature? (The vendor must complete all fill-ins even if the response is not applicable (N/A). For example, vendors need to fill in FAR 52.212-3(b) even if it is “N/A.” Additionally, vendors need to submit with their quote FAR 52.209-7 as required (only completing the information via the SAM website is not acceptable).

☐ YES ☐ NO

2. Is a completed copy of spreadsheet titled “MiPACS 2024 Requirement List” included?

☐ YES ☐ NO

3. If your company’s total sales estimate for this procurement exceeds $700,000 and you are a large business, did you include your Small Business Subcontracting Plan? If “no”, did you submit a reason why a waiver should be granted (i.e., no companywide plan available and no subcontracting opportunities are available for this individual contract)

4. If your company has any exceptions to this solicitation, did you provide them under page 6?

5. Did you read the entire solicitation and understand all the contents, including, but not limited, to the attachment(s)? Does your company concur with all the solicitation terms and conditions?

6. Does your company concur with all of the solicitation terms and conditions? (By signing page 1 and not taking exceptions, the answer is yes)

7. Does your company meet all the requirements (on page 4)? If your company is not listed in the J&A accompanying this solicitation as being capable to meet the requirements, explain in a detailed letter how your company meets each requirement (page 4). Failure to submit this letter may make your offer ineligible for award.

SOLICITATION: MIPACS_MAINTENANCE_2024_RFP Page 6 of 55

EXCEPTIONS TO TERMS & CONDITIONS OF THE SOLICITATION MUST BE LISTED HERE OR

ELSE THEY WILL BE CONSIDERED INVALID. VENDORS MUST NOT EMBED THEIR

EXCEPTIONS WITHIN THE BODY OF THE SOLICITATION OR YOUR QUOTE

Answer:

PRICING QUESTIONS

THE VENDOR MUST ANSWER THE QUESTIONS BELOW AS PART OF THEIR RESPONSE TO

THIS SOLICITATION:

• Is the proposed government pricing/discount better than or equal to pricing/discounts offered to similarly situated customers making them comparable purchases? If yes, explain.

• Do any customers receive better pricing/discounts than those quoted in response to this solicitation? If yes, explain.

• Is the vendor unable to provide commercial price list, commercial invoices, or commercial quotes? If yes, explain.

SOLICITATION: MIPACS_MAINTENANCE_2024_RFP Page 7 of 55

CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021)

FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C. 3729-3733)

If this solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act. (31 U.S.C. 3729-3733). When FAR 52.203-13 is included in the contract, contractors must provide a copy of its written code of business ethics and conduct to the contracting officer upon request by the contracting officer.

CAUTION - DEPARTMENT OF DEFENSE PUBLIC KEY INFRASTRUCTURE

A Department of Defense (DoD) Public Key Infrastructure (PKI) Certificate will be required for all suppliers (contract holders and DAPA holders) accessing DMMonline. DMMonline is the single portal for Medical program support applications.

1. Effective 1 January 2015, a DoD PKI Certificate will be required for all suppliers accessing

DMMonline.

2. Logging on to DMMonline via a logon and password will no longer be permitted. The requirement for PKI certification is implemented in accordance with DoDI 8520.03 Security Policy, promoting secure electronic transactions.

Obtaining a PKI certificate Suppliers who need access to DMM online may purchase a DoD PKI certificate from one of three External Certificate Authorities (ECA)s. The ECAs are contractors who provide digital certificates to DoD Industry partners who are using their own equipment or working in non-governmental facilities.

A list of ECAs is available at http://iase.disa.mil/pki/eca/Pages/index.aspx Each DMMonline user will need an Identity Certificate (An Encryption Certificate is not required) with the assurance level of Medium to meet FIPS 140 Level 1 compliance. Please note that each user must have their own ECA certificate to log into DMMonline. Accounts cannot be shared.

Each user must fully comply with DoDI 8520.03 to implement PKI in order for our information systems to remain secure and viable.

http://iase.disa.mil/pki/eca/Pages/index.aspx

SOLICITATION: MIPACS_MAINTENANCE_2024_RFP Page 8 of 55

Note: 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (DEC 2022) is incorporated in this solicitation by reference. Its full text may be accessed electronically at https://www.acquisition.gov/far/index.html. Text is available for viewing in Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links.

Addendum to 52.212-4:

The following paragraphs of 52.212-4 are amended as indicated below:

1. Paragraph (g), Invoice. In order to receive payment, the vendor must submit an electronic invoice as identified in below under “Contractor Payment”.

a. Contractor Payment:

(1) Contracts for maintenance allow for quarterly payments (in arrears). Payments will occur after completion of each quarter of the period of performance. Vendors shall use Wide Area Workflow (WAWF) e-Business Suite (https://wawf.eb.mil) for inspection, acceptance and invoicing.

Inspection/Acceptance procedures are noted below:

• The vendor must submit an “Other/Other” Receiving Report (RR) Only into Wide

Area Workflow (WAWF) for inspection/acceptance.

• Do NOT enter a combo RR/invoice.

• The RR should be entered prior to submitting an invoice.

• The DLA Troop Support Biomedical Engineer will inspect the RR, and the DLA

Troop Support Contracting Officer will accept the RR thereafter.

• If not subscribed to WAWF, visit https://wawf.eb.mil/ and utilize the help links at the bottom of the page.

• WAWF access or input issues should be directed to the Electronic Business Service

Desk (1-866-618-5988) or dscpwawfteam@dla.mil.

• Important WAWF Codes for entering the RR:

Inspection/Acceptance Point: Other/Other Pay Official: SL4701 Admin By: SPE2D1 Issue By: SPE2D1 Inspect By: SPE2D1 (Use SPM2D1 if this code does not work) Accept By: SPE2D1 (Use SPM2D1 if this code does not work) Ship to: XXXXXX (Use SPE2D1 if this code is unknown)

NOTE: WAWF will be used to represent Wide Area Workflow e-Business Suite throughout the document.

The payment procedures are noted below:

• Once the RR is inspected AND accepted by DLA Troop Support Contracting Officer, the vendor should enter an Invoice Only into WAWF. Do NOT enter an invoice until the DLA Troop Support Contracting Officer has accepted the RR.

• If the RR has been inspected/accepted and the invoice has been entered correctly, any vendor payment issues should be directed to the DFAS Vendor Pay Customer Care Center (1-800-756-4571) prior to reaching out to DLA Troop Support.

Contract Clauses http://www.acquisition.gov/far/index.html mailto:dscpwawfteam@dla.mil

SOLICITATION: MIPACS_MAINTENANCE_2024_RFP Page 9 of 55

2. Paragraph (m), Termination for Cause. Delete paragraph (m) in its entirety and substitute the following: (m) Termination for Cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If this contract is terminated in whole or in part for cause, and the supplies or services covered by the contract so terminated are repurchased by the Government, the Government will incur administrative costs in such repurchases. The Contractor and the Government expressly agree that, in addition to any excess costs of repurchase, or any other damages resulting from such default, the Contractor shall pay, and the Government shall accept, the sum of $1,350.00 as payment in full for the administrative costs of such repurchase. This assessment of damages for administrative costs shall apply for any termination for cause following which the Government repurchases the terminated supplies or services together with any incidental or consequential damages incurred because of the termination. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

3. Paragraph (t), System for Award Management. (FAR 52.204-13 (Oct2018))

Add the following paragraph:

(a) Definitions.

“System for Award Management (SAM) database” means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes.

“Commercial and Government Entity (CAGE) Code” means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the

Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or Government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

“Unique Entity Identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

“Registered in the System for Award Management database” means that—

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Contractor and Government Entity (CAGE) code, as well as date required by the Federal Funding Accountability and Transparency Act of 2006, into the SAM database;

(2) The Offeror has completed the Core Data, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;

(3) The Government has validated all mandatory data fields to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service. The Offeror will be required to provide consent for TIN validation to the Government as part of the SAM registration process.

(4) The Government has marked the record “Active”.

http://www.sam.gov/

SOLICITATION: MIPACS_MAINTENANCE_2024_RFP Page 10 of 55

(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.]

X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate (Nov 2021) ( 41 U.S.C.4704 and 10 U.S.C. 4655).

X (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).

52.212-5 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (JUN 2023)

SOLICITATION: MIPACS_MAINTENANCE_2024_RFP Page 11 of 55

(7)52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

(8) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

X_(9) 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).

X_(10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C.2313).

(11) [Reserved].

(12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C.657a).

(13) 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).

(14)[Reserved]

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

(ii)Alternate I (Mar 2020) of 52.219-6.

(16) (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.

X_(17) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(d)(2) and (3)).

X_ (18) (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.

X_(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.

(19) (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.

(20) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C.637s).

_X_(21) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.637(d)(4)(F)(i)).

(22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C.657f).

X_(23)(i) 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2023)(15U.S.C.632(a)(2)).

(ii) Alternate I (Mar 2020) of 52.219-28.

SOLICITATION: MIPACS_MAINTENANCE_2024_RFP Page 12 of 55

(24) 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)).

(25) 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)).

(26) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.644(r)).

(27) 52.219-33, Nonmanufacturer Rule (Sep 2021)(15U.S.C. 637(a)(17)).

X_ (28) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

X_ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

X_ (30) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X_(31)(i) 52.222-26, Equal Opportunity (Sep 2016)(E.O.11246).

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

X_(32) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212).

(ii) Alternate I (Jul 2014) of 52.222-35.

X_(33)(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.

X_(34) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212).

X_(35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X_(36)(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).

X_(37) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 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.)

(38) (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.)

(39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

(40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016)(E.O. 13693).

SOLICITATION: MIPACS_MAINTENANCE_2024_RFP Page 13 of 55

(41)(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.

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

(ii) Alternate I (Jun2014) of 52.223-14.

(43) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020)(42 U.S.C.8259b).

(44)(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_ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020)(E.O.

13513).

(46) 52.223-20, Aerosols (Jun 2016)(E.O. 13693).

(47) 52.223-21, Foams (Jun2016) (E.O. 13693).

X_(48)(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

(ii) Alternate I (Jan 2017) of 52.224-3.

(49)(i) 52.225-1, Buy American-Supplies (Oct 2022) (41U.S.C.chapter 83).

(ii) Alternate I (Oct 2022) of 52.225-1.

(50)(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.

(51) 52.225-5, Trade Agreements (Dec 2022) (19U.S.C.2501,et seq., 19 U.S.C.3301note).

X_(52) 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).

(53) 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).

(54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.5150).

SOLICITATION: MIPACS_MAINTENANCE_2024_RFP Page 14 of 55

(55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C.5150).

(56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

(57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021)(41U.S.C.4505,10 U.S.C. 3805).

(58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41U.S.C.4505, 10 U.S.C. 3805).

X_(59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C.3332).

(60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(61) 52.232-36, Payment by Third Party (May 2014) (31U.S.C.3332).

X_(62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C.552a).

X_(63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.637(d)(13)).

(64)(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) (29U.S.C.206 and 41 U.S.C. chapter 67).

X_(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).

SOLICITATION: MIPACS_MAINTENANCE_2024_RFP Page 15 of 55

(7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

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

SOLICITATION: MIPACS_MAINTENANCE_2024_RFP Page 16 of 55

(vi) 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.

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

(viii) 52.222-26, Equal Opportunity(Sep 2015) (E.O.11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C.4212).

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

(xi) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C.4212).

(xii) 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.

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

(xiv) X_(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C.chapter 78 and E.O 13627).

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

(xv) 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).

(xvi) 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).

(xvii) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

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

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

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

(xxi) 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).

(xxii) 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.

(xxiii) 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 require in accordance with paragraph (c) of 52.232-40.

SOLICITATION: MIPACS_MAINTENANCE_2024_RFP Page 17 of 55

(xxiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021)( 46 U.S.C. 55305 and 10U.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)

DLA Troop Support seeks to place annual maintenance for the Medicor Imaging Picture Archiving and Communication Systems (MiPACS) Dental Enterprise components of the Dental Imaging Collaborative Environment (DICE) for the U.S. Air Force (AF), Air Reserves Command and Air National Guard under a contract as a result of this solicitation.

The contract awarded as a result of this solicitation will have a base period of one year. Offerors must submit pricing for the one-year base period on the attached spreadsheet.

52.223-3 - Hazardous Material Identification and Material Safety Data (FEB 2021) FAR

(a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material

(If none, insert “None”)

Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

Addendum Containing Supplementary Clauses in Full Text and by Reference

SOLICITATION: MIPACS_MAINTENANCE_2024_RFP Page 18 of 55

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government’s rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to --

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph

(h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

252.223-7001 – Hazard Warning Labels (DEC 1991) DFARS

(a) “Hazardous material,” as used in this clause, is defined in the Hazardous Material Identification and Material Safety Data clause of this contract.

(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labelling requirements of one of the following statutes:

(1) Federal Insecticide, Fungicide and Rodenticide Act;

(2) Federal Food, Drug and Cosmetics Act;

(3) Consumer Product Safety Act;

(4) Federal Hazardous Substances Act; or

(5) Federal Alcohol Administration Act.

(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be labelled in accordance with one of the Acts in paragraphs (b)(1) through (5) of this clause instead of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communication Standard.

MATERIAL (If None, Insert “None.”) ACT

SOLICITATION: MIPACS_MAINTENANCE_2024_RFP Page 19 of 55

(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph (c) of this clause. The Offeror shall submit the label with the Material Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of this contract.

(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions adopted during the term of this contract).

252.225-7021 Trade Agreements (JAN 2023) DFARS

(a) Definitions.As used in this clause—

“Caribbean Basin country end product”—

(1) Means an article that—

(i) Is wholly the growth, product, or manufacture of a Caribbean Basin country; or

(ii) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a Caribbean Basin country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to its supply, provided that the value of those incidental services does not exceed the value of the product itself; and

(2) Excludes products, other than petroleum and any product derived from petroleum, that are not granted duty-free treatment under the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(b)). These exclusions presently consist of—

(i) Textiles, apparel articles, footwear, handbags, luggage, flat goods, work gloves, leather wearing apparel, and handloomed, handmade, or folklore articles that are not granted duty-free status in the Harmonized Tariff Schedule of the United States (HTSUS);

(ii) Tuna, prepared or preserved in any manner in airtight containers; and

(iii) Watches and watch parts (including cases, bracelets, and straps) of whatever type, including, but not limited to, mechanical, quartz digital, or quartz analog, if such watches or watch parts contain any material that is the product of any country to which the HTSUS column 2 rates of duty (HTSUS General Note 3(b)) apply.

“Commercially available off-the-shelf (COTS) item”—

(1) Means any item of supply (including construction material) that is—

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” in section 2.101 of the Federal Acquisition Regulation);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means an article, material, or supply incorporated directly into an end product.

SOLICITATION: MIPACS_MAINTENANCE_2024_RFP Page 20 of 55

“Designated country” means—

(1) A World Trade Organization Government Procurement Agreement (WTO GPA) country (Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan (known in the World Trade Organization as “the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu” (Chinese Taipei)), Ukraine, or the United Kingdom);

(2) A Free Trade Agreement country (Australia, Bahrain, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Korea (Republic of), Mexico, Morocco, Nicaragua, Panama, Peru, or Singapore);

(3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, South Sudan, Tanzania, Timor-Leste, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or

(4) A Caribbean Basin country (Antigua and Barbuda, Aruba, Bahamas, Barbados, Belize, Bonaire, British Virgin Islands, Curacao, Dominica, Grenada, Guyana, Haiti, Jamaica, Montserrat, Saba, St. Kitts and Nevis, St. Lucia, St.

Vincent and the Grenadines, Sint Eustatius, Sint Maarten, or Trinidad and Tobago).

“Designated country end product” means a WTO GPA country end product, a Free Trade Agreement country end product, a least developed country end product, or a Caribbean Basin country end product.

“End product” means those articles, materials, and supplies to be acquired under this contract for public use.

“Free Trade Agreement country end product” means an article that—

(1) Is wholly the growth, product, or manufacture of a Free Trade Agreement country; or

(2) In the case of an article that consists in whole or in part of materials from another country, has been substantially transformed in a Free Trade Agreement country into a new and different article of commerce with a name, character, or use distinct from that of the article or articles from which it was transformed. The term refers to a product offered for purchase under a supply contract, but for purposes of calculating the value of the end product includes services (except transportation services) incidental to its supply, provided that the value of those incidental services does not exceed the value of the product itself.

“Least developed country end product” means an article that—

(1) Is wholly the growth, product, or manufacture of a least developed country; or

(2) In the case of an article that consists in whole or in part of materials from another country, has…