RFQ - W912JD-23-Q-0017 - MEARNG Promotional Items - 6-21-2023.docx

W912JD23Q0017

Section SF 1449 - CONTINUATION SHEET

52.212-1 INSTRUCTIONS

The NAICS Code for this requirement is 541890, Other Services Related to Advertising with a small business size standard of $ 19 Million.

This acquisition is solicited at 100% set-aside under Small Business IAW 19.5 – Set aside for Small Business.

1. The Maine Army National Guard has a requirement for customized promotional items. The United States Property and Fiscal Office (USPFO) Contacting Office intends to award one Firm Fixed Price purchase order for these items.

2. The Contactor shall furnish all the labor, equipment, facilities and materials, and supplies to manufacture and supply the required items in a timely manner. The Government will provide all Maine Army National Guard and Army graphics, designs and artwork required to be displayed on products after contract award. The MEARNG will review and approve prior to the products being produced.

3. SAM Registration: Completion of the required FAR 52.212-3, Offeror Representations and Certifications – Commercial Items is required. When you complete your SAM registration, the link to complete your Representations and Certifications is also available. Offeror must be registered in the System for Award Management (SAM). No contract will be entered into with an unregistered vendor. Internet access allows you to register by completing an electronic on-line registration application at https://www.sam.gov/portal/public/SAM/

4. Amendments: Amendments to this solicitation will be posted at https://sam.gov/content/opportunities Paper copies of the amendments will NOT be individually mailed. By registering to receive notifications on Contracting Opportunities, quoters will be notified by email of any new amendments that have been issued. Potential Quoter’s are advised that they are responsible for obtaining and acknowledging any amendments to the solicitation. Failure to acknowledge an amendment may result in your offer being considered unacceptable

5. Basis for Award: The Government intends to award a single purchase order to responsible offeror whose quote represents the best value to the Government, with appropriate consideration given to the three (3) evaluation factors. Technical, Past Performance and Price. Commercial and Simplified Acquisition Procedures will be utilized to the max extent in a streamlined evaluation IAW FAR 12.602 and FAR 13.106-2. Award may be made without discussions with offerors. Offerors are cautioned that the award may not necessarily be made to the lowest priced quote. Offerors are cautioned that an unrealistically low price, as proposed initially or subsequently, may be ground for eliminating a quote from consideration, either on the basis that the offeror does not understand the requirement, or he/she made an imprudent offer.

6. Evaluation will be solely on the information included in the quotation. Therefore, the offerors initial quotation should contain the offerors best terms. After receipt of quotes, the Government will conduct an evaluation. However, during the evaluation process, the Government may, solely at its discretion, communicate with offerors regarding quote elements.

7. The Government reserves the right to award multiple awards in response to quotes received. The quoters shall price each line separately. Also, the Government reserves the right to not award any contract in response to this solicitation as well.

8. Quote Preparation Instructions: Quotes shall be based on the requirements of the solicitation and must contain the following. All information shall be confined to the appropriate file. The quoter shall confine submissions to essential matters, sufficient to define the quote in a concise manner, to permit a complete and accurate evaluation of each quote. Each file of the quote shall consist of a Table of Contents. Proprietary information shall be clearly marked.

8.1 Quoters will be evaluated on the basis of information furnished by the quoter and submitted with the offer. The information called for is essential in determining whether or not the products being offered meets the salient characteristics of the Request for Quotations. Failure to submit the required information may preclude consideration of the offer for purchase.

9. Part 1 – Technical: The offeror shall submit specifications, descriptive literature such as manufacture cut-sheets, or brochures confirming the items, make or model number to clearly reference to the descriptive data being provided. An active html link is an acceptable means to provide the information as well.

9.1. The government requires a digital proof with government-furnished graphics and may request at no charge to the government a product sample of a specific product(s), prior to approving the production of the branded products. The Government will provide all graphics to the vendor in the desired format upon contract award.

9.2. After contract award, the vendor has 15 days from receiving the government-furnished graphics to provide a digital proof on the product and 30 days from government approval of the digital proof digital proof and thereafter 90 calendar days to produce and ship the product(s) to the Government.

10.Part 2 Past Performance: The Government will evaluate the quoters past performance in work relevant to this type of requirement . Quoters shall submit a list of relevant contracts within the past three years including current work, Past Performance information shall be presented in the following format.

Customer Name Contract Number, contract value Description of work.

Point of contract with email address.

10.1. The Government may obtain Past Performance information from interviews from the point of contracts provided, and/or any other sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS) or other databases.

11.Part 3: The Government will evaluate the price by adding the total of all line items prices. Offers that do not meet or exceed the technical capability or quality of the item offered to the Government requirement shall not be selected regardless of price. Price will be used to evaluate a quoter’s price and the extent to which it is fair and reasonable. Evaluation of price will be performed using one or more of the price analysis techniques in FAR 13.106-3. Through these techniques the Government will determine whether the price is reasonable, complete an dare not unbalanced.

12. Delivery is F.O.B. Destination: All items shall be delivered to the Government within 90 calendar days after final digital proof is approved.

13. Submission of Quotes: Each part shall be submitted via email. Changes as a result of quote revisions shall be identified via track changes, including a vertical line on the left margin of the page and date of change. Digital files shall be in Microsoft Word, Excel (viewable in 2013 version) and/or .pdf only.

14. Each paragraph shall be separated by at least one blank line. A standard, 12-point minimum font size applies. Arial or New Times Roman fonts are required. Tables and illustrations may use a reduced font size no less than 8-point and may be landscape.

15.. The following volumes of material shall be submitted:

PART - TITLE - COPIES OF PAGES LIMITATIONS

Cover Letter

Part III – Price-Information (SF 1449) Solicitation, Offer and Award Documents

*NOTE: Pages that exceed the required page limitations will not be evaluated. Additional pages over the maximum allowed will be removed or not read and will not be evaluated by the Government.

16. Cover letter: Provide an induction page to include Cage Code, DUNS Number, and Tax Identification Number (TIN). Also include your Small Business Administration (SBA) certification for your socioeconomic status, e.g. small business, women-owned, HUBZone, etc.

16.1 The cover letter submitting shall be signed by an officer of the quoter’s company authorized to commit the company; shall indicate that the quote is valid for 90 calendar days from the date of the solicitation closing; shall identify by name, title, phone number and email any person authorized to negotiate on the quoter’s behalf and should express the extent to the quoter’s commitment to achieve the objectives of the solicitation and comply with the terms and conditions of the contract. Any significant deviations to the contract should be indicated, including one’s reasons. Solicitation shall result in a firm-fixed-price contract.

17. Submittal of Solicitation Questions:

17.1 Questions concerning this RFP or requests for clarification shall be made in writing via email to the Contract Specialist, Darlene Howes at darlene.r.howes.civ@army.mil.The due date for questions will be 3:00 PM EDT on Tuesday, July 18, 2023. As soon as an Offeror is aware of any problems or ambiguities in interpreting the specifications, terms/conditions, instructions or evaluation criteria of this RFQ, the Offeror should promptly notify the Contracting Officer. It is preferred that only one set of questions be submitted by each Offeror instead of multiple sets of questions. When submitting questions and comments, please refer to the specific text of the RFQ in the following format:

Subject: MEARNG Promotional Items - RFQ No. W912JD-23-Q-0017

18 The Government is not obligated to provide responses to all questions submitted by Offerors, but will consider the responses, consolidate them, and submit responses onto https://sam.gov. All information relating to this RFQ, including changes/amendments and information prior to the date set for receipt of quotes will be posted on the https://sam.gov/content/opportunities

18.1 The Government intends to evaluate quotes and award a contract without further communicating with the Offerors.

19 Electronic Invoicing through Procurement Integrated Enterprise Environment (PIEE).

To meet compliance with DFARS 252.232-7003, Electronic Submission of Payment Requests, all Contractors must submit requests for payment (invoices) through PIEE. Additional information and registration for PIEE can be completed online at https://wawf.eb.mil/piee-landing/. Payment will be made by DFAS office designated in the contract. All payments will be made by electronic transfer of funds (EFT). The Government will make payment through PIEE upon satisfactory completion of work and the receipt of a proper certification for payment.

--End of FAR 52.212-1 Addendum –

SIZE CHART

BUY AMERICAN ACT

Domestic Sourcing Restrictions:

DFARS SubPart 225.70 – Authorization Acts, Appropriations Acts and other Statutory Regulations on Foreign Acquisition (Revised on January 31, 2023)

Goods to be delivered under this contract are subject to the restrictions of the Buy American Act and the Berry Amendment. The Buy American Statue and Berry Amendment are two separate laws implemented by two different regulations. They differ with regard to their scope, threshold, exceptions, waiver and authority.

This section is meant to highlight certain aspects of the Buy American Act and the Berry Amendment, but the contractor is required to review applicable statutes. FAR 52.219-33 Nonmanufacturer Role and FAR 52.225-1 – Buy American -Supplies, DFARS 252.225-7012, FAR Part 25 – Foreign Acquisition and DFARS 225 – Foreign Acquisition prior to submitting its proposal and as necessary during contract performance, and to build time, expense and other resources necessary for compliance into its price and into its commitment to deliver conforming goods in a timely manner as required by this contract. The contractor is solely responsible for ensuring that all delivered goods strictly comply with the statutes and the FAR and DFARS provisions on domestic sourcing cited above, regardless of whether the Government inspects for compliance with domestic sourcing restrictions; regardless of whether the Government reminds the contractor of the requirement to comply or demands such compliance; and regardless of source of any goods accepted under this contract or any other Government contract. Compliance with provisions required by the Buy American Act and the Berry Amendment are required by statue and cannot be waived by conduct or course of dealings.

The contractor will maintain a list of names and address of all manufacturers, suppliers and subcontractors during the life of this contract, and shall be prepared to provide a list and any other information necessary to ensure compliance with upon request of the Contacting Officer. Compliance is still the responsibility of the contractor, regardless of whether the Contracting Officer makes such request or does not make such requests.

The Buy American Act places restrictions on purchases of supplies that not domestic end products. As stated above, Federal Acquisition Regulation (FAR) 52.225-1 – Buy American Act – Supplies, and FAR 52.225-2 – Buy American Act Certificate; are included in this contact and FAR 52.225-2 was required to be completed by all offerors. Per 52.225-2 and DFARS 252.225-7000, the contactor by its offer certifies that all items to be delivered are domestic, unless the contactor lists nondomestic sources, and the Contacting Officer may relay on those certifications, both prior to award and during the term of this contact.

The restrictions of the Berry Amendment and the FAR and DFARS provisions cited above apply to goods required to be delivered under this requirement. Per DFARS 225.7000(b), nothing in FAR 225.70 affects the applicability of the Buy American Act to goods delivered under the contract, so the contractor is responsible for determining applicability of both statutes to all items.

Pens

FFP

Description: Ball point, Push Retractable, Black Ink Material: Metal exterior Dimensions: 5-6” in length Color: Black or Gunmetal color with 3-color brand (3-color logo to be provided) Branding: horizontal MEARNG logo on side of pen (3-color logo to be provided) Quantity: 4,500

FOB: Destination

PSC CD: 9905

NET AMT

Lanyards

Description: Breakaway style, with black 20 mm J hook Material: Satin Polyester Dimensions: 3/4-1"h x 32-36" L Color: Black Branding: horizontal MEARNG logo on both sides of lanyard (3-color logo to be provided) Quantity: 3,000

NET AMT

Drink Koozies

Description: Neoprene collapsible can cooler Material: Neoprene Size: Fits 12oz cans Color: Black, White, Army Yellow (HEX: ffd530) Branding: MEARNG Logo 2-4” printed on front and back (MEARNG will provide) Quantity: 1800 (600 black, 600 Army yellow, 600 white)

NET AMT

Notebooks

Front cover, 10 pt. coated one side, printed four color process with clear coat. Back cover: 30 pt. white one side chipboard, inside 8 Lb. tablet bond, standard ruling pattern on both sides (9/32" narrow ruled) with blue rules and red margin rule Description: College Ruled, Spiral Bound Dimensions: 6"w x 9"h 4 Color Process Branding: MEARNG Logo 5-8” on front cover (3-color logo to be provided) and graphics on back cover (will provide) Quantity: 900

NET AMT

Yard Signs

Description: Rectangle with 'H' stakes, double-sided print Material: 4mm Coroplast (corrugated PVC) Dimensions: 24" x 18" Color: Full color Print (graphics for up to 3 versions will be provided) Quantity: 1,200

NET AMT

Backpacks

Description: 1 Day Assault Pack (backpack) w/ Front Molle System Material: 600D Polyester (100%) Dimensions: 14-24" h x 10-18" w x 8-12" d Color: Solid Black, Solid Tan Color code: 525 or Brown color code: 529 (Note the tan or brown must match the color palate in the OCP pattern uniform) Branding: MEARNG Logo 3-4” on backpack (3-color logo to be provided) Quantity: 300 (150 black and 150 Tan Color code: 525 or Brown Color Code: 529) Note: Either tan or brown color is acceptable.

****Submission of the RFQ - Indicate the color provided****

NET AMT

Sweatshirts, Hooded

Description: Pullover sweatshirt with hood with matching drawcord Material: Cotton/polyester blend Size: Small, Medium, Large, Extra Large Color: Gray Branding: MEARNG Logo 2-4” front chest pocket (3-color logo to be provided) and large graphic on the back (minimum 10” wide on back) Quantity: 230 (10 Small, 100 Medium, 100 Large, 20 XL)

NET AMT

T-Shirts (Enlistment Theme)

Description: Unisex Material: Cotton jersey knit, Pre-shrunk Sizes: Sm, Med, Large, XL Colors: Black, Coyote Brown, OD Green (3-color graphics will be provided) Branding: 3-color logo on front (3-5”) and full-size graphics on back (minimum 10” wide; will provide) Quantity: 1,200 (29 Small Black, 29 Small Brown, 29 small Green);

(134 medium black, 134 medium brown, 134 medium green);

(134 large black, 134 large brown, 134 large green);

(103 XL black, 103 XL brown, 103 XL green)

******Size Chart is provided****

NET AMT

T-Shirts (Retention Theme)

Description: Unisex Material: Cotton jersey knit, Pre-shrunk Size: SM, MED, LRG, XL, 2XL Color: Coyote brown (matches OCP undershirt) Branding: MEARNG Logo 2-4” front chest pocket (3-color logo to be provided) with graphic (provided on back) Quantity: 260 (10 Small, 80 Medium, 120 Large, 30 XL, 20 2XL)

****Size chart is provided*****

NET AMT

Knit Caps

Description: Beanie with cuff Material: Acrylic and Fleece (lined) Colors: Black, Coyote Brown, Blaze Orange Branding: MEARNG Logo 2-4” on front of cap Ball point, Push Retractable, Black Ink Quantity: 900 (250 Black, 250 Brown, 400 Orange)

NET AMT

Tumblers

Description: Travel style with vacuum lid, lid has either a magnetic spill proof slider or a lid with an opening to drink from; cannot be a non-magnetic slide-locking closure or a non-magnetic swing-locking closure.

Material: stainless steel Size: 20-24 OZ Color: Matte Black Powered Coated Branding: MEARNG Logo 3-5” wrapped around (3-color logo to be provided) Quantity: 800

NET AMT

Water Bottles

Description: Leak-proof, vacuum insulated stainless steel, hot cold, double walled, thermo mug, sports water bottle with handle Material: Vacuum insulated stainless steel Size: 30-34 OZ Color: Black Branding: MEARNG Logo 2-4” wrapped around. Logo. (3-color logo) to be provided) Quantity: 600

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

W90W MAINE REC & RET

BLDG 14 WINTHROP STREET

CAMP KEYES IET CLOTHING

AUGUSTA ME 04333-0032

207-430-5603

W91QUL

W91QUL

W91QUL

W91QUL

W91QUL

W91QUL

W91QUL

W91QUL

W91QUL

W91QUL

W91QUL

W91QUL

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The Government reserves the right to award other than the lowest offeror. Multiple awards may be issued from respones received. The following factors shall be used to evaluate offers:

Tehnical Past Performance Price

The below ratings and descriptions will be assigned for Technical Approach.

Unacceptable

Technical approach does not meet requirements of the solicitation and is not awardable.

Part 1 Technical: Technical capability or quality of the item(s) offered to meet the Government requirement: The quotation will be evaluated to extend to which it can meet and/or exceed the Government’s requirements as outlined in the solicitation and based on the information requested in the instructions to quoters section of the solicitation.

Part 2. Past Performance: The Government will evaluate the quote record of past performance relevant to this type of requirement. Quoters shall submit a list of relevant contracts within the past three years including current work. The Government may obtain Past Performance information from interviews from the point of contracts provided, and/or any other sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System (PPIRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS) or other databases

Part 3: Price: The Government will evaluate the price by adding the total of all line item(s) prices. The Government may use various price analysis techniques and procedures to make a price reasonableness determination. Offers that do not meet or exceed the technical capability or quality of the item offered to the Government requirement shall not be selected regardless of price.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.225-1 BUY AMERICAN--SUPPLIES (OCT 2022)

(a) Definitions. As used in this clause--

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" at Federal Acquisition Regulation (FAR) 2.101);

(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 into an end product.

Cost of components means--

(1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product.

Critical component means a component that is mined, produced, or manufactured in the United States and deemed critical to the U.S. supply chain. The list of critical components is at FAR 25.105.

Domestic end product means--

(1) For an end product that does not consist wholly or predominantly of iron or steel or a combination of both--

(i) An unmanufactured end product mined or produced in the United States;

(ii) An end product manufactured in the United States, if--

(A) The cost of its components mined, produced, or manufactured in the United States exceeds 60 percent of the cost of all its components, except that the percentage will be 65 percent for items delivered in calendar years 2024 through 2028 and 75 percent for items delivered starting in calendar year 2029. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Components of unknown origin are treated as foreign. Scrap generated, collected, and prepared for processing in the United States is considered domestic; or

(B) The end product is a COTS item; or

(2) For an end product that consists wholly or predominantly of iron or steel or a combination of both, an end product manufactured in the United States, if the cost of foreign iron and steel constitutes less than 5 percent of the cost of all the components used in the end product. The cost of foreign iron and steel includes but is not limited to the cost of foreign iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the end product and a good faith estimate of the cost of all foreign iron or steel components excluding COTS fasteners. Iron or steel components of unknown origin are treated as foreign. If the end product contains multiple components, the cost of all the materials used in such end product is calculated in accordance with the definition of "cost of components".

End product means those articles, materials, or supplies to be acquired under the contract for public use.

Fastener means a hardware device that mechanically joins or affixes two or more objects together. Examples of fasteners are nuts, bolts, pins, rivets, nails, clips, and screws.

Foreign end product means an end product other than a domestic end product.

Foreign iron and steel means iron or steel products not produced in the United States. Produced in the United States means that all manufacturing processes of the iron or steel must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving refinement of steel additives. The origin of the elements of the iron or steel is not relevant to the determination of whether it is domestic or foreign.

Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components excluding COTS fasteners.

Steel means an alloy that includes at least 50 percent iron, between 0.02 and 2 percent carbon, and may include other elements.

United States means the 50 States, the District of Columbia and outlying areas.

(b) 41 U.S.C. chapter 83, Buy American, provides a preference for domestic end products for supplies acquired for use in the United States. In accordance with 41 U.S.C. 1907, the domestic content test of the Buy American statute is waived for an end product that is a COTS item (see 12.505(a)(1)), except that for an end product that consists wholly or predominantly of iron or steel or a combination of both, the domestic content test is applied only to the iron and steel content of the end product, excluding COTS fasteners.

(c) Offerors may obtain from the Contracting Officer a list of foreign articles that the Contracting Officer will treat as domestic for this contract.

(d) The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the solicitation entitled “Buy American Certificate.”

(End of clause)

52.225-2 BUY AMERICAN CERTIFICATE (OCT 2022)

(a)(1) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that each domestic end product listed in paragraph (c) of this provision contains a critical component.

(2) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no''.

(3) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(4) The terms "commercially available off-the-shelf (COTS) item,'' "critical component,'' "domestic end product," "end product," and "foreign end product" are defined in the clause of this solicitation entitled "Buy American--Supplies."

(b) Foreign End Products:

[List as necessary.]

(c) Domestic end products containing a critical component:

Line Item No. ___

[List as necessary]

(d) The Government will evaluate offers in accordance with the policies and procedures of part 25 of the Federal Acquisition Regulation.

52.225-18 PLACE OF MANUFACTURE (AUG 2018)

(a) Definitions. As used in this provision--

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

(b) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly--

(1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) ( ___ ) Outside the United States.

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.

252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES --

REPRESENTATION (DEC 2019)

(a) Definitions. As used in this provision, covered defense telecommunications equipment or services has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(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 defense telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense 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.

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES (JAN 2023)

(a) Definitions. As used in this clause--

Covered defense telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, or any subsidiary or affiliate of such entities;

(2) Telecommunications services provided by such entities or using such equipment; or

(3) Telecommunications equipment or services produced or provided by an entity that the Secretary of Defense reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Covered foreign country means--

(1) The People's Republic of China; or

(2) The Russian Federation.

Covered missions means--

(1) The nuclear deterrence mission of DoD, including with respect to nuclear command, control, and communications, integrated tactical warning and attack assessment, and continuity of Government; or

(2) The homeland defense mission of DoD, including with respect to ballistic missile defense.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. In accordance with section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91), the contractor shall not provide to the Government any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless the covered defense telecommunication equipment or services are covered by a waiver described in Defense Federal Acquisition Regulation Supplement 204.2104.

(c) Procedures. The Contractor shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service, to carry out covered missions, that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Reporting.

(1) In the event the Contractor identifies covered defense telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, the Contractor shall report at https://dibnet.dod.mil the information in paragraph (d)(2) of this clause.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within 3 business days from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 30 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered defense telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

252.225-7000 BUY AMERICAN--BALANCE OF PAYMENTS PROGRAM CERTIFICATE--BASIC (NOV 2014)

(a) Definitions. Commercially available off-the-shelf (COTS) item, component, domestic end product, foreign end product, qualifying country, qualifying country end product, South Caucasus/Central and South Asian (SC/CASA) state, South Caucasus/Central and South Asian (SC/CASA) state end product, and United States, as used in this provision, have the meanings given in the Buy American and Balance of Payments Program--Basic clause of this solicitation.

(b) Evaluation. The Government--

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program.

(c) Certifications and identification of country of origin.

(1) For all line items subject to the Buy American and Balance of Payments Program-- Basic clause of this solicitation, the offeror certifies that--

(i) Each end product, except those listed in paragraph (c)(2) or (3) of this provision, is a domestic end product; and

(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.

(2) The offeror certifies that the following end products are qualifying country end products:

___ (Line Item Number Country of Origin)

___ (Country of Origin)

(3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of ``domestic end product'':

(Line Item Number) ___

(Country of Origin (If known)) ___

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR 2022)

(a) Definitions. As used in this clause--

Component means any item supplied to the Government as part of an end product or of another component.

End product means supplies delivered under a line item of this contract.

Qualifying country means a country with a reciprocal defense procurement memorandum of understanding or international agreement with the United States in which both countries agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country, and the memorandum or agreement complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457. Accordingly, the following are qualifying countries:

Australia Austria Belgium Canada Czech Republic Denmark Egypt Estonia Finland France Germany Greece Israel Italy Japan Latvia Lithuania Luxembourg Netherlands Norway Poland Portugal Slovenia Spain Sweden Switzerland Turkey United Kingdom of Great Britain and Northern Ireland.

Structural component of a tent--

(i) Means a component that contributes to the form and stability of the tent (e.g., poles, frames, flooring, guy ropes, pegs);

(ii) Does not include equipment such as heating, cooling, or lighting.

United States means the 50 States, the District of Columbia, and outlying areas.

U.S.-flag vessel means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b) The Contractor shall deliver under this contract only such of the following items, either as end products or components, that have been grown, reprocessed, reused, or produced in the United States:

(1) Food.

(2) Clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing and the materials and components thereof. Clothing includes items such as outerwear, headwear, underwear, nightwear, footwear, hosiery, handwear, belts, badges, and insignia.

(3) (i) Tents and structural components of tents;

(ii) Tarpaulins; or

(iii) Covers.

(4) Cotton and other natural fiber products.

(5) Woven silk or woven silk blends.

(6) Spun silk yarn for cartridge cloth.

(7) Synthetic fabric, and coated synthetic fabric, including all textile fibers and yarns that are for use in such fabrics.

(8) Canvas products.

(9) Wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles).

(10) Any item of individual equipment (Federal Supply Class 8465) manufactured from or containing fibers, yarns, fabrics, or materials listed in this paragraph (b).

(c) This clause does not apply--

(1) To items listed in section 25.104(a) of the Federal Acquisition Regulation (FAR), or other items for which the Government has determined that a satisfactory quality and sufficient quantity cannot be acquired as and when needed at U.S. market prices;

(2) To incidental amounts of cotton, other natural fibers, or wool incorporated in an end product, for which the estimated value of the cotton, other natural fibers, or wool--

(i) Is not more than 10 percent of the total price of the end product; and (ii) Does not exceed the simplified acquisition threshold in FAR part 2;

(3) To waste and byproducts of cotton or wool fiber for use in the production of propellants and explosives;

(4) To foods, other than fish, shellfish, or seafood, that have been manufactured or processed in the United States, regardless of where the foods (and any component if applicable) were grown or produced. Fish, shellfish, or seafood manufactured or processed in the United States and fish, shellfish, or seafood contained in foods manufactured or processed in the United States shall be provided in accordance with paragraph (d) of this clause;

(5) To chemical warfare protective clothing produced in a qualifying country; or

(6) To fibers and yarns that are for use in synthetic fabric or coated synthetic fabric (but does apply to the synthetic or coated synthetic fabric itself), if--

(i) The fabric is to be used as a component of an end product that is not a textile product. Examples of textile products, made in whole or in part of fabric, include--

(A) Draperies, floor coverings, furnishings, and bedding (Federal Supply Group 72, Household and Commercial Furnishings and Appliances);

(B) Items made in whole or in part of fabric in Federal Supply Group 83, Textile/leather/furs/apparel/findings/ tents/flags, or Federal Supply Group 84, Clothing, Individual Equipment and Insignia;

(C) Upholstered seats (whether for household, office, or other use); and

(D) Parachutes (Federal Supply Class 1670); or

(ii) The fibers and yarns are para-aramid fibers and continuous filament para-aramid yarns manufactured in a qualifying country.

(d)(1) Fish, shellfish, and seafood delivered under this contract, or contained in foods delivered under this contract--

(i) Shall be taken from the sea by U.S.-flag vessels; or

(ii) If not taken from the sea, shall be obtained from fishing within the United States; and

(2) Any processing or manufacturing of the fish, shellfish, or seafood shall be performed on a U.S.-flag vessel or in the United States.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use…