RFQ FA301621U0237 Sustainment Gear.pdf

Sustainment Gear RFQ# FA301621U0237 502 CONS/JBKAE 23 August 2021

Request for Quotation (RFQ) FA301621U0237

Sustainment Gear

1. This is a solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation is issued as a request for quotation (RFQ) and the solicitation number is FA301621U0237. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-06 dated 12 July 2021.

2. SDVOSB Set-Aside. This acquisition is set-aside solely for Service Disabled Veteran Owned Small Business (SDVOSB) concerns under the NAICS code 315990 and the size standard 500 employees under the SDVOSB Program. Only quotes submitted by SDVOSB under NAICS Code 315990 and the size standard of 500 employees will be accepted by the Government. Any quote that is submitted by a contractor that is not a SDVOSB concern will not be considered for award.

3. Delivery. Delivery will be FOB Destination. Delivery address and inspection/acceptance will occur at JBSA Lackland, TX, 78236. Exact delivery address will be specified at time of award. A delivery of 45 days after date of award is requested; offerors are required to include their delivery terms (timeframe) with their quote.

4. Basis for Award. 502 CONS/JBKAE will issue a purchase order to the contractor who is determined to represent the best value to the Government. Contract type shall be Firm Fixed Price (FFP). Failure of a contractor to acknowledge all Amendments to this RFQ may result in contractor’s quote not being considered for award.

5. Best Value Determination. The contractor who is deemed responsible and responsive with the Lowest Priced, Technically Acceptable (LPTA) quote will be determined to represent the best value. Technical acceptability will be determined by an evaluation of the quoted requirements that meet the terms required of the schedule of supplies, salient characteristics, and warranty terms identified in the RFQ. Quotes initially will be ranked from lowest to highest based on total price. The Government will then evaluate the three lowest priced quotes for Technical Acceptability. The Government reserves the right to evaluate additional quotes for technical acceptability if deemed to be in the best interest of the Government. If additional quotes are evaluated for technical acceptability, they will be evaluated in the order of total price. (See provision at FAR 52.212-2, Evaluation -- Commercial Items, for details.)

6. Interchanges. The government intends to award a purchase order without interchanges with respective offerors/contractors. The government however, reserves the right to conduct interchanges if deemed in its best interest.

7. Mandatory Registrations. To be eligible for award, registration with the System for Award Management (SAM) must be current (legacy for On-line Registration and Certifications Application (ORCA) and Central Contractor Registration (CCR) registrations). To register or update former CCR and Reps & Certs that are not current go to https://www.sam.gov/portal/public/SAM/ and provide mandatory information.

8. Invoicing. The Defense Finance and Accounting Service (DFAS) is the finance and accounting organization for the Department of Defense DFAS regulations and requires all contractors and vendors to submit payment requests and receiving reports in electronic form. Invoicing, Receipt, Acceptance and Property Transfer (iRAPT (formerly WAWF)) is the accepted electronic method for the submission of payment requests and receiving reports.

Any offeror not having electronic invoicing capabilities will be ineligible for award unless one of the exceptions applies in accordance with DFARS 252-232.7003.

9. Questions regarding this notice. Any questions regarding this notice must be submitted via email to the contract administrator, Courtney Carter, at courtney.carter.6@us.af.mil no later than 11:00AM Central Time on Tuesday, 31 August 2021.

mailto:courtney.carter.6@us.af.mil

10. Quote Submissions. Quotes in response to this RFQ must be submitted via email to the contract administrator, Courtney Carter, at courtney.carter.6@us.af.mil no later than 11:00AM Central Time on Tuesday, 7 September 2021 (or sooner if possible) in order to be considered timely. Contractors are encouraged to request an emailed response confirming receipt of quote from the contract administrator. It is the contractor’s responsibility to ensure the contracting office receives a complete quote submission package. Contractors must submit their response IAW the provision at FAR 52.212-1, Instructions to Offerors-Commercial Items and its addendum. Any quote, modification, revision, or withdrawal of a quote received after the exact time specified above shall be determined as late and will not be considered unless received before award is made, the Contracting Officer determines that accepting the late quote would not unduly delay the acquisition, and/or it was the only quote received.

11. Item Requirements. Brand Name or Equal is applicable to all items in this acquisition; salient characteristics are listed on page 13 of this RFQ. Additionally, the warranty required IAW FAR 52.212-4(o), and the express warranty required IAW section (w) of the addendum to FAR 52.212-4 apply to this acquisition. These warranty requirements have been determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices. The contractor must include the following within their quote/RFQ submission for every CLIN: (1) Manufacturer name, (2) Part Number, (3) literature or item description to support equal product and sufficient enough to verify the product meets all salient characteristics, and (4) warranty terms in sufficient detail to verify the warranty meets the requirements of the express warranty identified in section (w) of the addendum to FAR 52.212-4. Refer to the Schedule of Supplies (RFQ page 3) and Salient Characteristics (RFQ page

13) for a list of line item number(s) and items, quantities, and units of measure applicable to this acquisition.

12. Applicable Provisions & Clauses. A full list of the clauses and provisions applicable to this acquisition are identified under section titled “Applicable Provisions and Clauses” of this RFQ. Offerors are advised to include a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, with their quote. The provision at FAR 52.212-1, Instructions to Offerors-Commercial, and an addendum to FAR 52.212-1 are applicable to this acquisition. The provision at FAR 52.212-2, Evaluation-Commercial Items, applies to this acquisition; refer to paragraph (a) of the full text provision listed under “Applicable Provisions and Clauses” for the specific evaluation criteria that applies to this acquisition. The clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Items, and an addendum to FAR 52.212-4 are applicable to this acquisition. The clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items, applies to this acquisition; additional FAR clauses cited within the clause (refer to the full text clause located under “Applicable Provisions and Clauses” of this RFQ) are applicable to this acquisition.

13. Notice to Offeror: Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an Offeror for any costs.

Information to be included with Quote Submissions:

FOB Destination Shipping Cost Included? Yes

Payment Terms: Delivery Date:

Company Name:

DUNS # CAGE Code:

POC: Telephone #:

E-Mail Address:

Warranty Information:

Do you have capacity to invoice electronically through WAWF?(Yes/No)

Schedule of Supplies *Contractors must include any applicable shipping/delivery costs within their contract line item number (CLIN) prices. Contractors may NOT separately price shipping related costs in their quote. Contractors must provide, at a minimum, the manufacturer name, part number, and item description for each CLIN in sufficient enough detail to verify the product meets all salient characteristics. Salient characteristics are provided on page 13 of this RFQ.*

CLIN Item Name/ Description* QTY Unit of Issue Unit Price Extended Amount

0001 OCP M-4 Pouch 500 Each

0002 OCP M-9 Pouch 700 Each

0003 OCP Hydration Pouch 500 Each

0004 OCP All Purpose Pouch 1200 Each

0005 Coyote Brown Canteen 500 Each

0006 1qt Canteen Pouch 1200 Each

0007 OCP Rain Poncho 1000 Each

*Brand Name or Equal* See salient characteristics on RFQ Page 13 for full item descriptions and minimum specs/requirements.

Items must be covered by warranty IAW section (w) of addendum to FAR 52.212-4 Total Price: $______________

Applicable Provisions and Clauses The following FAR/DFARS/AFFARS provisions and clauses are applicable to this solicitation:

(For full text references, go to https://www.acquisition.gov/content/regulations)

CLAUSES/PROVISIONS INCORPORATED BY REFERENCE

Reference Title Date 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment AUG 2019 52.211-6 Brand Name or Equal AUG 1999 52.211-17 Delivery of Excess Quantities SEP 1989 https://www.acquisition.gov/content/regulations

52.212-1 Instructions to Offerors–Commercial Items JUN 2020 52.212-3 Offeror Representations and Certifications–Commercial Items AUG 2020 52.212-4 Contract Terms and Conditions–Commercial Items OCT 2018 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes-Fixed-Price AUG 1987 52.246-2 Inspection of Supplies-Fixed-Price AUG 1996 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011 252.204-7003 Control of Government Personnel Work Product APR 1992 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016 252.209-7999 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law JAN 2012 252.211-7003 Item Unique Identification and Valuation Mar 2016 252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations SEP 2019 252.215-7008 Only One Offer JUL 2019 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors JAN 2018 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7000 Buy American – Balance of Payments Program Certificate – Basic 252.225-7001 Buy America and Balance of Payments Program–Basic DEC 2017 252.225-7002 Qualifying Country Sources as Subcontractors DEC 2017 252.225-7012 Preference for Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018 252.232-7006 Wide Area Workflow Payment Instructions DEC 2018 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items and Commercial Components (DoD Contracts) JUN 2013 252.247-7023 Transportation of Supplies by Sea–Basic FEB 2019 5352.201-9101 Ombudsman OCT 2019 5352.223-9000 Elimination of Use of Class I Ozone Depleting Substances (ODS) OCT 2019

CLAUSES/PROVISIONS INCORPORATED BY FULL TEXT:

FAR 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020) The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to— (i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to— (i)Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii)Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(d) Representation. The Offeror represents that— (1)It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and (2)After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment— (A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii)For covered services— (A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B)If not associated with maintenance, the Product Service Code (PSC) of the service being provided;

and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded “does” in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i)For covered equipment— (A)The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B)A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and (C)Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii)For covered services— (A)If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or (B)If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

FAR 52.204-26 Covered Telecommunications Equipment or Services-Representation (DEC 2019)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

ADDENDUM TO FAR 52.212-1, Instructions to Offerors--Commercial Items (JAN 2017) Addendum to 52.212-1(d), Product Samples, is deleted in its entirety.

Addendum to 52.212-1(e), Multiple Offers, is deleted in its entirety.

Addendum to 52.212-1(g), Contract Award (not applicable for Invitation for Bids) is tailored as follows: The Government intends to evaluate quotes and award a contract without interchanges with offerors. Therefore, the offeror's initial quote should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct interchanges if later determined by the Contracting Officer to be necessary. The Government may reject any or all quotes if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in quotes received.

Addendum to 52.212-1(h), Multiple Awards, is deleted in its entirety.

(m) QUOTE PREPARATION INSTRUCTIONS.

(1) To assure timely and equitable evaluation of quote, offeror must follow the instructions contained herein.

Offerors are required to meet all requirements of the solicitation, including terms and conditions, and technical requirements specified in the solicitation. Offeror must clearly identify any exception to the solicitation terms and conditions and provide complete accompanying rationale.

(i) Quotes must be valid for a minimum of 30 days.

(ii) Quote pricing must conform to the Schedule of Supplies. Include all costs within line item pricing;

additional costs (e.g. shipping) cannot be added or separately priced.

(iii) Inclusion/completion of the “Information to be included with Quote Submissions” identified at the bottom of RFQ page 2 must be provided in quote submissions.

(iii) Contractors must include the following information for every CLIN:

(1) Manufacturer name,

(2) Part Number,

(3) Literature or item description to support equal product and sufficient enough to verify the product meets all salient characteristics, and

(4) Warranty terms in sufficient detail to verify the warranty meets the requirements of the express warranty identified in section (w) of the addendum to FAR 52.212-4.

(2) SUBMISSION OF QUOTE:

(i) Quotes shall be submitted (electronic copy) to the Contract Specialist directly by emailing all required documentation to courtney.carter.6@us.af.mil

(ii) All documents submitted in response to this RFQ must be fully responsive to and consistent with the requirements of the solicitation/RFQ.

(End of addendum)

FAR 52.212-2 Evaluation -- Commercial Items (OCT 2014)

(a) The Government will award a firm fixed price purchase order resulting from this solicitation to the contractor who is determined to represent the best value to the Government. The contractor who is deemed responsible and responsive with the Lowest Priced, Technically Acceptable (LPTA) quote will be determined to represent the best value. The following evaluation factors and process shall be used to evaluate quotes:

(1) Price Evaluation. Evaluations will be completed by determining the extended amount for each Contract Line Item Number (CLIN) and the total evaluated price (TEP). The extended amount for each CLIN will be determined by multiplying the unit price by the quantity. An offeror’s TEP will be determined by adding the extended amount for all CLINs. The Government may require submission of information other than cost or pricing data to the extent necessary to evaluate price reasonableness.

(2) Past Performance Evaluation. An evaluation of each supplier’s past performance history in the Supplier Performance Risk System (SPRS) for the Federal supply class (FSC) and/or product or service code (PSC) of the supplies being purchased will be accomplished. In the case of a supplier without a record of relevant past performance history in SPRS for the FSC or PSC of the supplies being purchased, the supplier may not be evaluated favorably or unfavorably for its past performance history.

(3) Technical Evaluation. Technical acceptability will be determined by an evaluation of the quoted requirements that meet the terms required of the schedule of supplies, salient characteristics, and warranty terms identified in the RFQ. Quotes initially will be ranked from lowest to highest based on total price. The Government will then evaluate the three lowest priced quotes for Technical Acceptability. The Government reserves the right to evaluate additional quotes for technical acceptability if deemed to be in the best interest of the Government. If additional quotes are evaluated for technical acceptability, they will be evaluated in the order of total price.

(a) Technical Acceptability Ratings. The evaluation factors listed below will be used to evaluate each quote and will receive one of the following ratings:

(i) Acceptable –

(1) Manufacturer name, part number, and literature or item description to support equal product and sufficient enough to verify the product meets all salient characteristics is included for every CLIN.

(2) Warranty terms in sufficient detail to verify the warranty meets the requirements of the express warranty identified in section (w) of the addendum to FAR 52.212-4 is included.

(ii) Unacceptable –

(1) The manufacturer’s name, part number, or literature/item description is missing for any CLIN or is insufficient to verify each and every CLIN meets all requirements of the Salient Characteristics.

(2) Warranty terms are missing for any CLIN or details of warranty terms offered in quote is insufficient to verify the warranty meets the requirements of the express warranty identified in section (w) of the addendum to FAR 52.212-4.

ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial (OCT 2018) Reference FAR 52.212-4, Paragraph (c) is hereby tailored as follows:

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties with the exception of administrative changes such as paying office, appropriation data, etc., which may be changed unilaterally by the Government.

(w) Express warranty. The following express warranty shall apply to all items/CLINs:

Standard warranty(ies) from the manufacturer(s) shall be included in this contract for a minimum period of one (1) year from the original contract date at the expense of the contractor. For any item in which the manufacturer’s warranty is void or not provided, the contractor shall provide a warranty covering material defects and workmanship for a minimum period of one (1) year from original contract date at the expense of the contractor. Shipping and handling fees are to be paid for by the customer unless otherwise provided in the manufacturer’s standard warranty.

The manufacturer (or the contractor/awardee in instances the manufacturer does not agree) agrees, at its option during the warranty period, to repair any defect in material or workmanship or to furnish a repaired or replacement product without charge (except for a fee for shipping, handling, packing). Such repair or replacement is subject to verification of the defect or malfunction.

WARRANTY LIMITATIONS. This warranty does not include: (1) Any condition resulting from other than ordinary commercial wear or any use for which the product was not intended, (2) Any condition resulting from incorrect or inadequate maintenance or care; (3) Damage resulting from misuse, abuse, negligence, accidents, and

(4) Normal wear and tear.

(End of addendum)

FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items (AUG 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:

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).

___ (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) (Pub. L. 111-117, section 743 of Div. C).

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

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

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41

U.S.C. 2313).

___ (10) [Reserved].

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

___ (ii) Alternate I (Mar 2020) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020)

(if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (ii) Alternate I (Mar 2020) of 52.219-4.

___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) of 52.219-6 (15 U.S.C. 644).

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

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).

___ (ii) Alternate I (Mar 2020) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Jun 2020) of 52.219-9.

___ (v) Alternate IV (Jun 2020) of 52.219-9

___ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

___ (ii) Alternate I (Mar 2020) of 52.219-13.

X (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

X (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15

U.S.C. 657f).

X (22) (i) 52.219-28, Post Award Small Business Program Representation (May 2020) (15 U.S.C. 632(a)(2)).

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

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

___ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

_X_ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

X (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

X (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

___ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

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

X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

___ (ii) Alternate I (Jul 2014) of 52.222-36.

___ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

___ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X (35) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

___ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun

2016) (E.O. 13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(Jun 2016) (E.O. 13693).

___ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and

13514).

___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

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

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

___ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

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

13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

___ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

___ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

___ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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 (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302Note).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C.

5150).

___ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

___ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

___ (57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31

U.S.C. 3332).

___ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013)

(31 U.S.C. 3332).

___ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

___ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

___ (iii) Alternate II (Feb 2006) 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 items:

___ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

___ (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).

___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

___ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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 items. 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 (Jun 2020) (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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 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).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug2018) (41 U.S.C. chapter 67).

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): https://www.acquisition.gov/

FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/

FAR 52.252-6 Authorized Deviations in Clauses (APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

https://www.acquisition.gov/ https://www.acquisition.gov/

Salient Characteristics

CLIN Item Description/Salient Characteristics

OCP M-4 Pouch Holds three M-4/M-16 magazines and is constructed of 1000 denier material treated for Near Infrared spectral Reflectance (NIR). The pouch easily attaches to the H-Gear Harness or IOTV/OTV through use of modular webbing.

OCP M-9 Pouch Holds a single M-9 magazine and is constructed of 1000 denier material treated for Near Infrared spectral Reflectance (NIR). The pouch easily attaches to the H-gear harness or IOTV/OTV through the use of modular webbing.

OCP Hydration Pouch Holds a 100oz hydration bladder and is constructed of 1000 denier material treated for Near Infrared spectral Reflectance (NIR). The pouch can be used by itself or easily attaches to the H-gear harness or IOTV/OTV through the use of modular webbing and uses a Velcro closure system.

OCP All Purpose Pouch Provides a closed pouch with a zipper to carry items on the Load Carriage System (LCS) and is constructed of 1000 denier material treated for Near Infrared spectral Reflectance (NIR). The pouch easily attaches to the H-gear harness or IOTV/OTV through the use of modular webbing. Size: 9X3X5.

Coyote Brown Canteen 3 Piece 1 Quart Plastic Canteen Color : Coyote Brown

1 QT Canteen Pouch Provides a closed pouch to carry 1quart canteen on the Load Carriage System (LCS) and is constructed of 1000 denier material treated for Near Infrared spectral Reflectance (NIR). The pouch easily attaches to the H-gear harness or IOTV/OTV through the use of modular webbing.

OCP Rain Poncho All critical seams are seam taped, no more chalky mess around the collar or on the chest. Converts to a shelter or ground cover. Drawstring hood with visor. Snap sides and grommet reinforced corners.

Drawstring on waist to keep in place in windy conditions. Measures approximately 44 3/4 x 56 1/2 when worn. When used as a ground cover or tarp measures approximately 89 1/2 x 56 1/2