SF1449 SP4701-23-Q-0084 RFQ.pdf

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

16. ADMINISTERED BY CODE

7. FOR SOLICITATION

INFORMATION CALL:

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

7002332269

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

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

8. OFFER DUE DATE/

9. ISSUED BY CODE SP4701

DCSO PHILADELPHIA

700 ROBBINS AVENUE

PHILADELPHIA PA 19111

USA

Email: Ena.morimoto@dla.mil

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

NAICS: 518210

SIZE STANDARD: $40M

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

SEE BLOCK 9

Criticality: C PAS : None

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

OFFER

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

BELOW IS CHECKED.

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

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

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

SEE SCHEDULE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

STANDARD FORM 1449 (REV.

Prescribed by GSA - FAR (48 CFR) 53.212

SEE ADDENDUM

See Schedule

DATED YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH ,

HEREIN IS ACCEPTED AS TO ITEMS:

EDWOSB

5. SOLICITATION NUMBER

SP4701-23-Q-0084

Ena Morimoto DEM 0065; Ena.morimoto@dla.mil

X

X X

X

LOCAL TIME

2023 May 19

12:00 PM EST

DATE

2020 May 12

REQUIREMENT: FDB MEDKNOWLEDGE DESCRIPTIVE AND PRICING, FDB FOUNDATIONS, FDB DRUG

PRICING FOR DEFENSE LOGISTICS AGENCY (DLA) TROOP SUPPORT, MEDICAL DIRECTORATE

CUI | SOURCE SELECTION PROCUREMENT SENSITIVE INFORMATION IAW FAR 3.104

CUI

COMBINED SYNOPSIS/SOLICITATION

REQUEST FOR QUOTE (RFQ)

(SP4701-23-Q-0084)

Part I – The Schedule

(1) Action Code: N/A

(2) Date: May 12, 2023

(3) Contracting Office Zip Code: 19111

(4) NAICS Code: 518210

(5) Contracting Office Address:

DLA Contracting Services Office Philadelphia 700 Robbins Avenue, Building #6 North Side Philadelphia, PA 19111

(6) Subject: Requirement for FDB MEDKNOWLEDGE, Descriptive and Pricing Information, FDB

Foundations (Drug and Conditions Concepts and Descriptive Information), and FDB Drug

Pricing.

(7) Proposed Solicitation Number: SP4701-23-Q-0084

(8) Closing Response Date: May 19, 2023, 12:00PM EST.

CONTROLLED BY: DLA DCSO PHILADELPHIA

CUI CATEGORY: GENERAL PROCUREMENT AND ACQUISITION /

SOURCE SELECTION INFORMATION SEE FAR 2.101 & 3.104

DISTRIBUTION/DISSEMINATION CONTROLS: DISPLAY ONLY

POC: SHANNON.COLLINS@DLA.MIL / 215-737-5734

(9) Contact Point: Contracting Officer: Shannon.collins@dla.mil / Office: 215-737-5734

Contract Specialist: Ena.morimoto@dla.mil / Office: 215-737-2849

(10) Contract Award: N/A

(11) Contract Award Dollar Amount: TBD mailto:Shannon.collins@dla.mil mailto:Ena.morimoto@dla.mil

(12) Line-Item Number: See the Performance Work Statement and Line-Items in section v below.

Complete the attached Bill of Materials (BoM) provided as Attachment I to this RFQ.

(13) Contract Award Date: ANTICIPATED ON OR BEFORE 01 June 2023

(14) Contractor: TBD

Section C – Description/Specifications/Statement of Work

(i) The Defense Logistics Agency (DLA) contract services office (DCSO) has a requirement for a brand name sole source Information Technology (IT) solution, FDB MEDKNOWLEDGE Descriptive and Pricing data, FDB Foundations, and FDB Drug Pricing subscription license agreement, in support of the Defense Logistics Agency (DLA) Troop Support Medical Directorate. This is a combined synopsis/solicitation – Request for Quote / Proposal for commercial IT, prepared in accordance with the format in Subpart 12.603 Streamlined Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes/proposals are not being requested in response to this solicitation. A written solicitation will not be issued.

(ii) Solicitation Number: SP4701-23-Q-0084; the solicitation will be issued as a Request for Quote

(RFQ).

(iii) This solicitation document and incorporated provisions & clauses represent those in effect through Federal Acquisition Circular 2023-02 effective 14 February 2023.

(iv) The North American Industrial Classification System (NAICS) code for this acquisition is 518210 – Computing Infrastructure Providers, Data Processing, Web Hosting and Related Services (size standard: $40M). This requirement is being solicited on a Full & Open basis via Open Market Procedures to the Contract Opportunities Website (sam.gov), as supported by a Justification & Approval on an Other Than Full & Open Competition basis due to the sole-source brand-name requirement.

(v) List of line-item numbers and items, quantities, and units of measure:

*PLEASE SEE BILL OF MATERIALS/STATEMENT OF WORK SPREADSHEET

INCLUDED AS ATTACHMENT I. FOLLOW ALL DIRECTIONS TO COMPLETE

THE SPREADSHEET, INPUT YOUR FIRMS PRICE & NOTATIONS AND SUBMIT

WITH FINAL PROPOSAL/QUOTE.

Data Subscription License Agreement for FDB MEDKNOWLEDGE Descriptive and Pricing Information in accordance with Section 2 - Performance Work Statement (PWS).

CLIN SERVICES

Firm Fixed Price

QTY U/I UNIT PRICE TOTAL

PRICE

Data Subscription License Agreement - 217 sites (Base Year)

MOS

Agreement – 217 Sites (Option Year 1)

Agreement – 217 Sites (Option Year 2)

NOTE: All proposals shall be submitted electronically to Ena.morimoto@dla.mil and Shannon.collins@dla.mil

Performance Work Statement

Background The DLA Troop Support Medical Directorate has a requirement to renew its existing data subscription license agreement for FDB MEDKNOWLEDGE Descriptive and Pricing Information, FDB Foundations, and FDB Drug Pricing a subscription service manufactured by First Databank, Inc. This license is required to provide drug databases that include descriptive drug information and classification in support of pharmacy procurement and analysis, which promises to lower healthcare costs and improve patient care. The database is required to provide critical classification data for two-hundred-seventeen (217) DLA Troop Support sites on a weekly basis to enable cross references of products or equivalent products such as therapeutically equivalent products, pharmaceutically equivalent products, etc. (See ATTACHMENT 5 – SITE LIST for the sites requiring access). FDB product information is also required in numerous DLA Troop Support Medical system applications as well as in downstream service customer systems and catalogs.

Performance Measurements Performance measures will be used to assess the Contractor's performance in order to determine whether the Contractor is performing at acceptable levels. The performance measurements shall be based on timeliness and quality of the work and deliverables provided by the Contractor. These measurements are defined as:

• Timeliness – The completion of taskings and/or the submission of deliverables within the schedule set forth by the Government during performance.

• Quality – The quality of work completed under the resulting taskings will be measured based on the Government’s determination of the validity, accuracy, clarity, and usefulness of a deliverable or if the work performance met the expected outcomes as was communicated to the Contractor by the government.

Non-Personal Services The contract is for "non-personal services" as defined at FAR 37.101. It is, therefore, understood and agreed that the contractor and/or the contractor’s employees: (1) shall perform the services specified herein as independent vendors, not as employees of the Government; (2) shall be responsible for their own management and administration of work required and bear sole responsibility for complying with any and all technical, schedule, or financial requirements or constraints attendant to the performance of mailto:Shannon.collins@dla.mil this contract; (3) shall be free from supervision or control by any Government employee with respect to the manner or method of performance of the services specified; but (4) shall, pursuant to the Government's right and obligation to inspect, accept, or reject the work, comply with such general direction of the Contracting Officer, or the duly authorized representative of the Contracting Officer as is necessary to ensure accomplishment of the contract requirements.

Place of Performance

Performance is not required on government site. All work performed shall occur on Offeror’s premises.

(vi) Period of Performance:

Anticipated Period of Performance (PoP):

Base year: 01 June 2023 – 31 May 2024

Option Year 1: 01 June 2024 – 31 May 2025

Option Year 2: 01 June 2025 – 31 May 2026

DLA Troop Support Point of Contact:

The IT/software access will be provided to the following address:

Defense Logistics Agency (DLA) Troop Support (TS) Medical Directorate 700 Robbins Ave Philadelphia, Pa 19111 POC: Linda Stipa, Linda.stipa@dla.mil

Delivery/Installation addresses:

Delivery/Installation address and Technical Point of Contact (POC):

Defense Logistics Agency Medical Directorate Attn: Linda Stipa – Linda.stipa@dla.mil 700 Robbins Ave

(269) 737-2174 Linda.stipa@dla.mil

Mark For:

Defense Logistics Agency, Medical Directorate Linda.stipa@dla.mil

Contract Point of Contact:

Ena Morimoto, Contract Specialist Defense Logistics Agency Contract Services Office (DCSO)

(215) 737-2849

Shannon Collins, Contracting Officer Defense Logistics Agency Contract Services Office (DCSO) mailto:Linda.stipa@dla.mil mailto:Linda.stipa@dla.mil mailto:Linda.stipa@dla.mil mailto:Linda.stipa@dla.mil

(215) 737-5734 | Shannon.collins@dla.mil

WAWF Point of Contact:

TBD and will be specified in the executed award

Section F – Deliveries and Performance

(1) Quotation Organization:

a. This RFP/RFQ will be posted to the System for Award Management Website (www.sam.gov ) under NAICS code 518210.

b. Offeror shall submit a proposal / quote with a total price for all CLINs. Within the proposal / quote, the offeror shall provide a breakdown of the unit prices for each item listed in the Bill of Materials for this RFP / RFQ.

c. Proposals / Quotes shall be submitted electronically to:

i. Ena.morimoto@dla.mil

d. Offers are due no later than 12:00 PM (Eastern Standard Time) on May 17, 2023.

(ix) The FAR provision, 52.212-2, Evaluation - Commercial Items, applies to this acquisition. The evaluation criterion for the technical quotation and price quotation is set forth in Section M – Evaluation Factors for Award.

(x) Offerors shall include a copy of the FAR provision at 52.212-3, Offeror Representations and Certifications – Commercial Items (or certify their www.sam.gov ) representations are valid and up to date).

PRICING INSTRUCTIONS

1. Submit a valid quote on subject requirement into SAM.gov & direct email to Contracting Officer.

2. Complete the attached Microsoft Excel Spreadsheet titled:

a. (ATTACHMENT 1 – BOM) and submit with Quotation / Proposal.

Section G – Contract Administration Data

DODAAC for Wide Area Work Flow (WAWF) 2 in 1 Invoicing: _____

(viii) The FAR provision, 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition and the following addenda are added to this provision:

1. Addendum to 52.212-1(c) Period for acceptance of offers.F

Period of acceptance is seven (7) days.

2. Addendum to 52.212-1(e) Multiple offers.

mailto:Shannon.collins@dla.mil http://www.sam.gov/

Alternative commercial items may not be considered for award on this instant acquisition, however, may be utilized for market research on future requirements.

3. Addendum to 52.212-1(h) Multiple awards.

The Government intends to make one award.

The Government may make more than one award.

Offers may be submitted for quantities less than those specified.

4. Addendum to 52.212-1(j) Data Universal Numbering System (DUNS) Number

The requirement to provide a DUNS number with the offer applies at all dollar values if the offeror is required to register in the Central Contractor Registration (CCR) Database in accordance with DFARS clause 252.204-7004.

5. FAR 52.252-2

FAR, DFARS, and DLAD: https://www.acquisition.gov/ FAR 52.214-34 Submission of Offers in the English Language (APR 1991) FAR 52.214-35 Submission of Offers in U.S. Currency (APR 1991)

6. Add the following paragraph (m) to FAR 52.212-1:

(xi) FAR 52.212-4 – Contract Terms and Conditions – Commercial Items (Dec 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its postacceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

I Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233–1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

https://www.acquisition.gov/

I Definitions. The clause at FAR 52.202–1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(a) Name and address of official to whom payment is to be sent;

(a) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232–33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232–34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

I EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212–5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

I Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

I The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607–2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

I The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608–2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

I Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212–5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) [Reserved]

(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

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

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

DFARS 252.232-7006 - WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(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.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(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.

____________________________2 IN 1 INVOICE________________________________

(Contracting Officer: Insert either Invoice 2in1 or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

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

https://www.acquisition.gov/dfars/clauses https://www.acquisition.gov/dfars/clauses https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

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

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

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

[Note: The Contractor may use a WAWF combo document type to create some combinations of invoice and receiving report in one step.]

(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 SL4701 Issue By DoDAAC SP4701 Admin DoDAAC** SP4701 Inspect By DoDAAC SPM400 Ship To Code Ship From Code Mark For Code Service Approver (DoDAAC) Service Acceptor (DoDAAC) SPM400 Accept at Other DoDAAC LPO DoDAAC DCAA Auditor DoDAAC Other DoDAAC(s)

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert See Schedule or Not applicable. ) (**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(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.

(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: shaana.day@dla.mil

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

INVOICE INSTRUCTIONS

mailto:shaana.day@dla.mil

The contractor shall submit a proper invoice by the 10th of each month for services delivered the previous month through Wide Area Workflow (WAWF). All invoices shall be submitted in accordance with clauses DFARS 252.232-7003 and 252.232-7006 included in this RFP.

This invoice shall contain:

The contract number

A unique invoice number

The month services were delivered

Name and address of the contractor

A separate entry for each call order with a description of the service

A separate entry for mileage for each call order

The date of each call order

Duration of each call order

The rate of payment for each entry

A total amount invoiced for each call order and mileage entry

A total amount invoiced for all services, including mileage, for the invoice

A description of the service provided for each call order

Name of government contact person

Name of government customer

Notation indicating cancelled call order

Payment will be made by Defense Finance Accounting Service (DFAS) as listed in box 18a of the

SF1449.

The invoice shall comply with the requirements identified below:

The Government intends invoicing to be done electronically in accordance with DFARS clause 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports. The Government will utilize the Department of Defense Wide Area Workflow (WAWF) Receipt and Acceptance (RA) System to accept supplies/services delivered under this task order. This web-based system is located at https://wawf.eb.mil and provides technology for DOD vendors and authorized DOD personnel to generate, capture, and process receipt and payment related documentation in a paperless environment.

Invoices for supplies/services rendered under this IDIQ shall be submitted electronically through

WAWF.

The requirements for invoicing are subject to FAR 52.232-25 Prompt Payment. Invoices for goods received or services rendered under this Task Order(s) shall be submitted electronically through WAWF.

Hard copy invoices cannot be accepted. The vendor’s failure to include the necessary information will result in invoices being rejected. Back up documentation can be included and attached to the invoice in WAWF. Attachments created in any Microsoft Office product are attachable to the invoice in WAWF.

The Maximum size limit of each attachment is 2 Megabytes (MB). Total size limit for all files is 5MB.

The vendor is required to utilize the system when processing invoices and receiving reports under this contract/order. Unless the provisions at DFARS 252.232-7003(c) applies, the vendor shall (1) ensure an Electronic Business Point of contact is designated in the System for Award Management (SAM) at https://www.sam.gov and (II) register to use WAWF-RA at the https://wawf.eb.mil site within ten (10) calendar days after award on this contract/order or modification. Step by step procedures to register are available at the https://wawf.eb.mil site.

The vendor will submit invoices and performance reports as required by the PWS electronically in accordance with the requirements specified for WAWF. All invoices will clearly identify the period of performance. The approval of invoices will be based on the performance standards included in the requirements of the PWS. All discrepancies from Task Order requirements will be highlighted and raised to the attention of the Contracting Officer within 15 business days from date of submission to the

COR.

The COR will approve invoices which demonstrate that the vendor has met the deliverables for the period.

The vendor is directed to use the “2-In-1” format when processing invoices and receiving reports.

For those vendors who are unfamiliar with WAWF, contents for this information can be located on the Defense Finance and Accounting Services (DFAS) Website at:

http://www.dfas.mil/Contractororpay/electroniccommerc/ETToolBox.html http://www.dfas.mil/contractorpay/electroniccommerc/ETToolBox.html

After clicking the “submit” button, a Notice of Successful/Unsuccessful Submission will appear. This screen contains a “Send More E-Mail Notifications” button. Click on this button and add the email addresses for the COR, and others as desired. Notification shall be provided for each invoice submitted.

In some situations, the WAWF-RA system will pre-populate the “Issue By DoDAAC,” “Admin By DoDAAC,” and “Pay DoDAAC.” Vendors shall verify those DoDAACs automatically entered by the WAWF-RA system match the above information. If these DODAACs do not match, then the vendor shall correct the field(s) and notify the Contracting officer of the discrepancy (ies). On the vendor Interface page click on “WAWF-RA” header at the top of the page. Under downloads on the WAWF-

RA page that appears, click the appropriate documents either “Combo”, “2-in-1,” or “Cost Voucher” to download the instructions.

Note to Vendor:

Before closing out an invoice session in WAWF-RA, but after submitting the document(s), the vendor will be prompted to send additional email notifications. Vendors shall click on “Send More Email Notification” on the page that appears. Add the acceptor’s/receiver’s email address (Note this address is their work address and not their WAWF-RA organizational email address) in the first email address block and add any other additional email addresses desired in the following blocks. This additional notification to the Government is important to ensure the acceptor/receiver is aware that the invoice document(s) have been submitted into the WAWF-RA system.

The POC’s identified above are for WAWF-RA issues only. Any other contracting questions/problems should be addressed to the Contracting Officer or other person identified in the contract/order to whom questions are to be addressed.

WAWF Tools and Help

(a) The vendor may have their CAGE code activated (required only first time) in WAWF by calling 866-618-5988. Once activated, the vendor should self-register at the web site https://wawf.eb.mil <https://wawf.eb.mil> .

(b) Vendor training is available at: http://www.wawftraining.com <http://www.wawftraining.com> .

Additional support can be obtained by calling the DISA Ogden Help Desk at 1-866-618-5988 or e-mailing to cscassig@ogden.disa.mil <mailto:cscassig@ogden.disa.mil> .

(c) WAWF Vendor “Quick Reference” Guides are located at:

https://acquisition.navy.mil/rda/home/acquisition_one_source/ebusiness/don_ebusiness_solutions/wawf _overview/vendor_information <https://acquisition.navy.mil/rda/home/acquisition_one_source/ebusiness/don_ebusiness_solutions/waw f_overview/vendor_information>

Payment information can be accessed from the Defense Finance and Accounting Service (DFAS) website at http://www.dfas.mil. The contract/order number and invoice number is required when inquiring about the status of a payment. Questions concerning payment should be directed to the DFAS at 1-800-756-4571.

3.11 DFARS 252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) Definition. “Contracting officer's representative” means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of http://www.acq.osd.mil/dpap/dars/dfars/html/current/201_6.htm#201.602-2 the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

Part II – CONTRACT CLAUSES

Section I - Contract Clauses

Clauses incorporated by References:

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

THE CLAUSES LISTED BELOW ARE INCORPORATED 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. A CLAUSE WITH

AN AUTHORIZED DEVIATION IS SO MARKED AFTER THE DATE OF THE CLAUSE. (Also, the full text of solicitation clauses and provisions may be accessed electronically at the following websites):

FAR, DFARS, DLAD, and DSCP Local Clauses – https://www.acquisition.gov/content/regulations

CLAUSE NUMBER TITLE/DATE

FAR 52.203-3 Gratuities (APR 1984) FAR 52.203-6 Restrictions on Subcontractor Sales to the Government (NOV 2021) FAR 52.203-6 Alternate I Restrictions on Subcontractor Sales to the Government (NOV 2021) FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain

Federal Transactions (SEP 2007 FAR 52.203-12 Limitations on Payments to Influence Certain Federal Transactions (JUN

2020) FAR 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) FAR 52.204-2 Security Requirements (Aug. 1996) FAR 52.204-7 System for Award Management (OCT 2016) FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(JUN 2020)

FAR 52.204-13 System for Award Management Maintenance (OCT 2018) FAR 52.204-17 Ownership or Control of Offeror (AUG 2020) FAR 52.204-18 Commercial and Government Entity Code Maintenance (OCT 2018)

FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV

2021) FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services

Developed or Provided by Kaspersky Lab and Other Covered Entities

(NOV 2021)

https://www.acquisition.gov/content/regulations

FAR 52.204-25 Prohibition of Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

FAR 52.204-26 Covered Telecommunications Equipment or Services – Representation

(OCT 2020)

FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (

FAR 52.209-12 Certification Regarding Tax Matters (OCT 2020) FAR 209-10 Prohibition on Contracting with Inverted Domestic Corporations (NOV

2015) FAR 217-9 Option to Extend the Term of the Contract (MAR 2000) FAR 52.222-3 Convict Labor (JUNE 2003 FAR 52.222-19 Child Labor – Cooperation with Authorities and Remedies (DEC 2022) FAR 52.222-21 Prohibition of Segregated Facilities (APR 2015) FAR 52.222-26 Equal Opportunity (SEP 2016) FAR 52.222-26 ALT I Equal Opportunity (FEB 1999) FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010)

FAR 52.222.50 Combating Trafficking in Persons (NOV 2021) FAR 52.222-54 Employment Eligibility Verification (MAY 2022) FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

(JUN 2020)

FAR 52.225-13 Restriction on Certain Foreign Purchases (FEB 2021) FAR 52.224-1 Privacy Act Notification (APR 1984) FAR 52.224-2 Privacy Act (Apr 1984) FAR 52.227-1 Authorization and Consent (DEC 2007) FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

(DEC 2007)

FAR 52.229-11 Tax on Certain Foreign Procurements – Notice and Representation (JUN

2020) FAR 52.232-17 Interest (MAY 2014) FAR 52.232-33 Payment by Electronic Funds Transfer – System for Award Management

(OCT)

FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.232-40 Providing Accelerated Payment to Small Business Subcontractors (NOV

2021) FAR 52.233-3 Protests after Award (AUG 1996) FAR 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR 52.237-3 Continuity of Services (JAN 1991) FAR 52.242-13 Bankruptcy (JULY 1995) FAR 52.242-15 Stop-Work Order (AUG 1989) FAR 52.247-34 F.o.b. Destination (NOV 1991) DFARS 252.201-7000 Contracting Officer’s Representative (DEC 1991) DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials

(SEP 2011)

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (DEC 2022) DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials

(NOV 2011)

DFARS 252.204-7003 Control of Government Personnel Work Product (APR 1992) DFARS 252.204-7004 Alternate A, System for Award Management (JAN 2023)

DFARS 252.204-7012 Safeguarding of Unclassified Controlled Technical Information (JAN 2023)

DFARS 252.204-7015 Notice of Authorized Disclosures of Information for Litigation (JAN 2023)

DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements. (JAN 2023) DFARS 252.204-7024 Notice on the use of the Supplier Performance Risk System (MAR 2023) DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders (DEC

1991) DFARS 252.209-7004 Subcontracting with Firms That Are Owned or Controlled by the

Government of a Terrorist Country (OCT 2015) DFARS 252.225-7002 Qualifying Country Sources as Subcontractors (DEC 2012) DFARS 252.225-7012 Preference for Certain Domestic Commodities (APR 2022) DFARS 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (JAN 2023) DFARS 252.227-7015 Technical Data–Commercial Items (MAR 2023) DFARS 252.227-7037 Validation of Restrictive Markings on Technical Data (JAN 2023) DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

(DEC 2018)

DFARS 252.232-7010 Levies on Contract Payments (DEC 2006) DFARS 252.237-7026 Postaward Transparency Requirements for Firms that Support

Department of Defense Audits (OCT 2022) DFARS 252.239-7018 Supply Chain Risk (DEC 2022) DFARS 252.243-7002 Requests for Equitable Adjustment (DEC 2022) DFARS 252.244-7000 Subcontracts for Commercial Products and Commercial Services (JAN DLAD 52.204-9000 Contractor Personnel Security Requirements (JUL 2015)

Contract clauses in full FAR 52.204-25 – Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020)

(a) Definitions. As used in this clause—

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

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

(a) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(a) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(a) 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;

(a) 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-

(a) 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;

(a) 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…