SAPI DRAFT RFP W91CRB-25-R-0003 10Jul25.pdf

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Andrea.L.Seam an.civ@army.m il

RATING PAGE OF PAGES

7. ISSUED BY

(Dat e)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other aut horized official writt en not ice.

Previous Ed ition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 54

(If other t han Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

W91CRB 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in t he Schedule will be received at t he place specified in Item 8, or if handcarried, in the depository locat ed in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all t erms and conditions contained in t his solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

ANDREA SEAMAN 520-671-1796

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 2 3 - 15

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

16 - 17 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

19 - 20

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 21 - 23 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if t he solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within t he time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to t he SOLICITATION for offerors and related documents numbered and dat ed):

FACILITY

12. In compliance with the above, t he undersigned agrees, if this offer is accept ed within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Cont ract ing Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copi es unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

24 - 32

PART II - CONTRACT CLAUSES

ACC - APG - W91CRB

BLDG 4310

6515 INTEGRITY COURT

ABERDEEN PROVING GROUND MD 21005-3013

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicita tions "off er" and "off eror" m ean "bid" and "bidder ".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W91CRB25R0003

Section A - Solicitation/Contract Form

SUPPLEMENTAL INFORMATION

Vendor Questions

All questions in regard to the subject Request for Proposal (RFP) shall be submitted via email to Andrea Seaman at andrea.l.seaman.civ@army.mil. The deadline for questions is hereby established as 10:00am Eastern Time on XXXXXXXX. Questions submitted after the deadline may or may not be answered. The Government will determine if answering questions submitted after the deadline is in the best interest of the Government.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED Each First Article Test (FAT)

FFP

First Article Test (FAT) FOB: Destination

PSC CD: 8470

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

1001 UNDEFINED Each

SAPI - XSMALL - YEAR 1 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Extra Small (XSmall) in accordance with Purchase Description CO/PD 00-03G.

NSN: 8470-01-497-8701

FOB: Origin (Shipping Point)

UNIT UNIT PRICE MAX AMOUNT

1002 UNDEFINED Each

SAPI - SMALL - YEAR 1 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Small in accordance with Purchase Description CO/PD 00-03G.

NSN: 8470-01-497-8709

UNIT UNIT PRICE MAX AMOUNT

1003 UNDEFINED Each

SAPI - MEDIUM - YEAR 1 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Medium in accordance with Purchase Description CO/PD 00-03G.

NSN: 8470-01-497-8710

UNIT UNIT PRICE MAX AMOUNT

1004 UNDEFINED Each

SAPI - LARGE - YEAR 1 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Large in accordance with Purchase Description CO/PD 00-03G.

NSN: 8470-01-497-8712

UNIT UNIT PRICE MAX AMOUNT

1005 UNDEFINED Each

SAPI - XLARGE - YEAR 1 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Extra Large(XLarge) in accordance with Purchase Description CO/PD 00-03G.

NSN: 8470-01-497-8714

UNIT UNIT PRICE MAX AMOUNT

2001 UNDEFINED Each

SAPI - XSMALL - YEAR 2 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Extra Small (XSmall) in accordance with Purchase Description CO/PD 00-03G.

NSN: 8470-01-497-8701

UNIT UNIT PRICE MAX AMOUNT

2002 UNDEFINED Each

SAPI - SMALL - YEAR 2 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Small in accordance with Purchase Description CO/PD 00-03G.

NSN: 8470-01-497-8709

UNIT UNIT PRICE MAX AMOUNT

2003 UNDEFINED Each

SAPI - MEDIUM - YEAR 2 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Medium in accordance with Purchase Description CO/PD 00-03G.

NSN: 8470-01-497-8710

UNIT UNIT PRICE MAX AMOUNT

2004 UNDEFINED Each

SAPI - LARGE - YEAR 2 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Large in accordance with Purchase Description CO/PD 00-03G.

NSN: 8470-01-497-8712

UNIT UNIT PRICE MAX AMOUNT

2005 UNDEFINED Each

SAPI - XLARGE - YEAR 2 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Extra Large(XLarge) in accordance with Purchase Description CO/PD 00-03G.

NSN: 8470-01-497-8714

UNIT UNIT PRICE MAX AMOUNT

3001 UNDEFINED Each

SAPI - XSMALL - YEAR 3 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Extra Small (XSmall) in accordance with Purchase Description CO/PD 00-03G.

NSN: 8470-01-497-8701

UNIT UNIT PRICE MAX AMOUNT

3002 UNDEFINED Each

SAPI - SMALL - YEAR 3 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Small in accordance with Purchase Description CO/PD 00-03G.

NSN: 8470-01-497-8709

UNIT UNIT PRICE MAX AMOUNT

3003 UNDEFINED Each

SAPI - MEDIUM - YEAR 3 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Medium in accordance with Purchase Description CO/PD 00-03G.

NSN: 8470-01-497-8710

UNIT UNIT PRICE MAX AMOUNT

3004 UNDEFINED Each

SAPI - LARGE - YEAR 3 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Large in accordance with Purchase Description CO/PD 00-03G.

NSN: 8470-01-497-8712

UNIT UNIT PRICE MAX AMOUNT

3005 UNDEFINED Each

SAPI - XLARGE - YEAR 3 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Extra Large(XLarge) in accordance with Purchase Description CO/PD 00-03G.

NSN: 8470-01-497-8714

UNIT UNIT PRICE MAX AMOUNT

4001 UNDEFINED Each

SAPI - XSMALL - YEAR 4 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Extra Small (XSmall) in accordance with Purchase Description CO/PD 00-03G.

NSN: 8470-01-497-8701

UNIT UNIT PRICE MAX AMOUNT

4002 UNDEFINED Each

SAPI - SMALL - YEAR 4 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Small in accordance with Purchase Description CO/PD 00-03G.

NSN: 8470-01-497-8709

UNIT UNIT PRICE MAX AMOUNT

4003 UNDEFINED Each

SAPI - MEDIUM - YEAR 4 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Medium in accordance with Purchase Description CO/PD 00-03G.

NSN: 8470-01-497-8710

UNIT UNIT PRICE MAX AMOUNT

4004 UNDEFINED Each

SAPI - LARGE - YEAR 4 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Large in accordance with Purchase Description CO/PD 00-03G.

NSN: 8470-01-497-8712

UNIT UNIT PRICE MAX AMOUNT

4005 UNDEFINED Each

SAPI - XLARGE - YEAR 4 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Extra Large(XLarge) in accordance with Purchase Description CO/PD 00-03G.

NSN: 8470-01-497-8714

UNIT UNIT PRICE MAX AMOUNT

5001 UNDEFINED Each

SAPI - XSMALL - YEAR 5- FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Extra Small (XSmall) in accordance with Purchase Description CO/PD 00-03G.

NSN: 8470-01-497-8701

UNIT UNIT PRICE MAX AMOUNT

5002 UNDEFINED Each

SAPI - SMALL - YEAR 5 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Small in accordance with Purchase Description CO/PD 00-03G.

NSN: 8470-01-497-8709

UNIT UNIT PRICE MAX AMOUNT

5003 UNDEFINED Each

SAPI - MEDIUM - YEAR 5 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Medium in accordance with Purchase Description CO/PD 00-03G.

NSN: 8470-01-497-8710

UNIT UNIT PRICE MAX AMOUNT

5004 UNDEFINED Each

SAPI - LARGE - YEAR 5 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Large in accordance with Purchase Description CO/PD 00-03G.

NSN: 8470-01-497-8712

UNIT UNIT PRICE MAX AMOUNT

5005 UNDEFINED Each

SAPI - XLARGE - YEAR 5 - FMS

FFP

Offeror shall provide Small Arms Protective Inserts (SAPI) size Extra Large(XLarge) in accordance with Purchase Description CO/PD 00-03G.

NSN: 8470-01-497-8714

Section C - Descriptions and Specifications

SAPI PURCHASE DESCRIPTION

CO/PD 00-03 Revision G dated 14 November 2018, found as attachment at Section J.

SECURITY: Due to the nature of the body armor requirements, there is a need for operations security. The Government considers all documents handled or generated in conjunction with the body armor acquisition to be unclassified information of a sensitive and proprietary nature that must be protected against release to unauthorized individuals. During all phases, to include the post-award-phase, release of any information associated with this acquisition to any individual, firm or business is prohibited without the express written approval of the Contracting Officer. Further, product information shall not be shown, displayed or discussed at any trade show, symposium or any other medium without the express written approval of the Contracting Officer. Reproduction of any documents provided by the Government is strictly prohibited without the express written approval of the Contracting Officer.

Any indication that such information has been made available to unauthorized individuals may result in termination of any resultant contract. Request for approval to release information submitted to the Contracting Officer for approval shall identify the specific information to be released, the medium to be used and the purpose of the release.

CRITICAL SAFETY ITEM: According to the Defense Acquisition Guidebook DoDD 5000-01, "Critical Safety Items (CSIs) are parts whose failure would cause loss of life, permanent disability or major injury, loss of a system, or significant equipment damage." The SAPI is considered a Critical Safety Item.

CRITICAL APPLICATION ITEM-SOURCE INSPECTION REQUIRED. All quality assurance/lot acceptance testing for PRODUCTION lots shall be conducted at US Army Aberdeen Test Center (ATC).

Notification shall be provided to the Contracting Officer Representative (COR) twenty (20) days prior to any testing in the event the Government wants to witness testing. No lot shall be released from the contractor's plant prior to receipt of passing test reports that are approved by Technical Management Directorate, Project Manager Soldier Protection and Individual Equipment, Program Executive Office (PEO) Soldier, Contracting Officer Representative (COR) and DCMA QAR.

When requested by the Government, the Contractor shall provide measurements and Certificates of Conformance for all material properties identified in the performance requirements by specific test methods.

Lot numbering is applicable and shall be sequential.

Copies of all Test Reports are to be submitted electronically to:

TBD

Testing shall be conducted at the following address:

US Army Aberdeen Test Center 400 Colleran Road, BLDG 358

ATTN:

Phone: Aberdeen Proving Ground, MD 21005

ACCOUNTING FOR ITEMS CONSUMED/USED IN THE CONDUCT OF LOT ACCEPTANCE TESTING

(LAT).

All costs incurred for Lot Acceptance Testing (LAT) Lot Testing performed in conjunction with this contract will be borne by the contractor, to include but not limited to transportation, the LAT testing conducted by Aberdeen Test Center (ATC), and the ballistic plates consumed, expended, and /or otherwise rendered unusable as a result of testing.

Ballistic plates consumed during the conduct of Lot Acceptance Testing will not be included as part of deliverable quantities stated in the contract.

**** NOTE: Post Award First Article Testing (FAT) is required and FAT articles shall be delivered to the test facility NLT 180 days after contract award, before submission of the first full production lot. First lot SAPI plates shall be delivered 90 days after FAT approval.

For Post Award First Article Testing and Lot Acceptance Testing - ALL quality assurance/lot acceptance testing for PRODUCTION lots shall be conducted at US Army Aberdeen Test Center (ATC). The Contractor shall submit 117 each (not sets) first articles (23 x-small, 23 small, 25 medium, 23 large, 23 x-large), and one (1) SAPI dry lay-up (size medium) of all components. Testing will be conducted at ATC in accordance with this Request for Proposal (RFP) and applicable attachments found at Section J. The Government will issue a letter of approval to the Contractor after successful completion of FAT. The cost of such testing (including the articles and tests themselves) is the responsibility of the Contractor.

The following information is provided in accordance with FAR 9.306:

1. The performance or other characteristics that the first article must meet for approval can be found in CO/PD 00-03 Revision G, found as an attachment in Section J of this solicitation.

2. The detailed technical requirements for the tests that must be performed for approval can be found in the CO/PD 00-03 Revision G, found as an attachment in Section J of this solicitation.

3. The necessary data that must be submitted to the Government in the first article approval test report can be found in the CO/PD 00-03 Revision G, found as an attachment in Section J of this solicitation.

4. The SAPI Spall Cover shall be Camouflage Black as specified in CO/PD 00-03 Revision G paragraphs 3.5.5 and 4.6.5.

5. The Pathfinder Shoot Pack shall be the Surrogate Shoot Pack, as defined in CO/PD 00-03 Revision G paragraphs 3.8.3 and 4.9.12, used for all ballistic testing.

6. ESAPI Drawings: 2-6-0588 x-small, 2-6-0589 small, 2-6-0590 medium, 2-6-0591 large and 2-6- 0592 x-large, all Revision A6, will be applied for dimensions and tolerances only. All other requirements are per CO/PD 00-03 Revision G.

7. The Government may waive the requirement for first article approval testing for identical SAPI items with an existing and current, Contracting Officer signed, FAT approval Letter.

8. Delivery schedules are established, and will be provided in Section F for each respective FMS Case.

9. The prices for first articles and first article tests in relation to production quantities shall not be separately priced.

* If FMS requirements exceed the capacity of ATC to conduct testing, the Government reserves the right to contract testing to independent certified testing facilities, to include the National Institute of Justice (NIJ) certified testing facilities. ATC will manage this process and any necessary contracting action, including oversight of the testing conducted at independent certified testing facilities.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Origin Government Origin Government 1001 Origin Government Origin Government 1002 Origin Government Origin Government 1003 Origin Government Origin Government 1004 Origin Government Origin Government 1005 Origin Government Origin Government 2001 Origin Government Origin Government 2002 Origin Government Origin Government 2003 Origin Government Origin Government 2004 Origin Government Origin Government 2005 Origin Government Origin Government 3001 Origin Government Origin Government 3002 Origin Government Origin Government 3003 Origin Government Origin Government 3004 Origin Government Origin Government 3005 Origin Government Origin Government 4001 Origin Government Origin Government 4002 Origin Government Origin Government 4003 Origin Government Origin Government 4004 Origin Government Origin Government 4005 Origin Government Origin Government 5001 Origin Government Origin Government 5002 Origin Government Origin Government 5003 Origin Government Origin Government 5004 Origin Government Origin Government 5005 Origin Government Origin Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

1001 N/A N/A N/A N/A

1002 N/A N/A N/A N/A

1003 N/A N/A N/A N/A

1004 N/A N/A N/A N/A

1005 N/A N/A N/A N/A

2001 N/A N/A N/A N/A

2002 N/A N/A N/A N/A

2003 N/A N/A N/A N/A

2004 N/A N/A N/A N/A

2005 N/A N/A N/A N/A

3001 N/A N/A N/A N/A

3002 N/A N/A N/A N/A

3003 N/A N/A N/A N/A

3004 N/A N/A N/A N/A

3005 N/A N/A N/A N/A

4001 N/A N/A N/A N/A

4002 N/A N/A N/A N/A

4003 N/A N/A N/A N/A

4004 N/A N/A N/A N/A

4005 N/A N/A N/A N/A

5001 N/A N/A N/A N/A

5002 N/A N/A N/A N/A

5003 N/A N/A N/A N/A

5004 N/A N/A N/A N/A

5005 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-29 F.O.B. Origin FEB 2006

Section G - Contract Administration Data

52.216-32 Task-Order and Delivery-Order Ombudsman SEP 2019 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

CLAUSES INCORPORATED BY FULL TEXT

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 WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

Invoice and Receiving Report (Combo)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

N/A

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

INSPECTION: TBD

ACCEPTANCE:

DoDAAC: W25P02

USASAC

54 M Avenue, Suite 1 New Cumberland, PA 17070

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC TBD

Issue By DoDAAC W91CRB

Admin DoDAAC** TBD

Inspect By DoDAAC TBD

Ship To Code Identified on Delivery Order

Mark For Code Identified on Delivery Order

Accept at Other DoDAAC W25P02

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

Contracting POC: TDB Technical POC COR & Acceptor: TBD

DCMA QAR POC: TBD

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

N/A

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section I - Contract Clauses

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-3 First Article Approval--Contractor Testing SEP 1989 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.210-1 Market Research NOV 2021 52.211-5 Material Requirements AUG 2000 52.215-2 Audit and Records--Negotiation JUN 2020 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-14 Integrity of Unit Prices NOV 2021 52.215-21 Alt IV Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications (NOV 2021) - Alternate IV

OCT 2010

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns FEB 2024 52.219-14 Limitations On Subcontracting OCT 2022 52.219-33 Nonmanufacturer Rule SEP 2021 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2024 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment JUN 2020

52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.207-4 ECONOMIC PURCHASE QUANTITY--SUPPLIES (AUG 1987)

(a) Offerors are invited to state an opinion on whether the quantity(ies) of supplies on which bids, proposals or quotes are requested in this solicitation is (are) economically advantageous to the Government.

Each offeror who believes that acquisitions in different quantities would be more advantageous is invited to recommend an economic purchase quantity. If different quantities are recommended, a total and a unit price must be quoted for applicable items. An economic purchase quantity is that quantity at which a significant price break occurs. If there are significant price breaks at different quantity points, this information is desired as well.

OFFEROR RECOMMENDATIONS

PRICE

ITEM QUANTITY QUOTATION TOTAL

(c) The information requested in this provision is being solicited to avoid acquisitions in disadvantageous quantities and to assist the Government in developing a data base for future acquisitions of these items. However, the Government reserves the right to amend or cancel the solicitation and resolicit with respect to any individual item in the event quotations received and the Government's requirements indicate that different quantities should be acquired.

(End of provision)

52.216-18 ORDERING. (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from DATE OF AWARD through 60 MONTHS plus any time that contract award or performance may be stayed due to a protest.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when--

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either--

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than FAT Quantity (insert dollar figure or quantity), the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor -

(1) Any order for a single item in excess of the maximum quantity of plates;

(2) Any order for a combination of items in excess of the maximum qantity of plates; or

(3) A series of orders from the same ordering office within 7 calendar days days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 calendar days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 12 months from contract expiration.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FEB 2024)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph

(d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code assigned to contract number .

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1001.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program.

The Contractor represents that it [ ] is, [ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]

(9) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[Contractor to sign and date and insert authorized signer's name and title.]

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

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

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal Acquisition Regulation (FAR) 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003)

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

Acceptance means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

Supplies means the end items furnished by the Contractor and related services required under this contract. The word does not include ``data.''

(b) Contractor's obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for 365 calendar days--

(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and

(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.

(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor's liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor's plant, and return.

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

(4) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation contained in this contract.

(c) Remedies available to the Government.

(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within 60 days of the Governments discovery of any defect or other warranty breach.

(2) Within a reasonable time after the notice, the Contracting Officer may either--

(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or

(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.

(3) (i) If the contract provides for inspection of supplies by sampling procedures, conformance of suppliers or components subject to warranty action shall be determined by the applicable sampling procedures in the contract.

The Contracting Officer--

(A) May, for sampling purposes, group any supplies delivered under this contract;

(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed;

(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and

(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.

(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options:

(A) Require an equitable adjustment in the contract price for any group of supplies.

(B) Screen the supplies grouped for warranty action under this clause at the Contractor's expense and return all nonconforming supplies to the Contractor for correction or replacement.

(C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies.

(D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b.

point or the point of acceptance) for screening and correction or replacement.

(4) (i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor--

(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or

(B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure.

(ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor's account in a reasonable manner.

The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred.

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

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

252.225-7027 RESTRICTION ON CONTINGENT FEES FOR FOREIGN MILITARY SALES (APR 2003)

(a) Except as provided in paragraph (b) of this clause, contingent fees, as defined in the Covenant Against Contingent Fees clause of this contract, are generally an allowable cost, provided the fees are paid to--

(1) A bona fide employee of the Contractor; or

(2) A bona fide established commercial or selling agency maintained by the Contractor for the purpose of securing business.

(b) For foreign military sales, unless the contingent fees have been identified and payment approved in writing by the foreign customer before contract award, the following contingent fees are unallowable under this contract:

(1) For sales to the Government(s) of , contingent fees in any amount.

(2) For sales to Governments not listed in paragraph (b)(1) of this clause, contingent fees exceeding $50,000 per foreign military sale case.

(End of Clause)

Section K - Representations, Certifications and Other Statements of Offerors

52.201-1 Acquisition 360: Voluntary Survey SEP 2023

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (FEB 2024)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 339113.

(2) The small business size standard is 800.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the…