SF1449_SP470120F0161.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

0084864052

2. CONTRACT NO.

NNG15S-C3-9-B

3. AWARD/EFFECTIVE

DATE

2020 AUG 28

4. ORDER NUMBER

SP4701-20-F-0161

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SP4701

DCSO PHILADELPHIA

700 ROBBINS AVENUE

PHILADELPHIA PA 19111

USA

Local Admin: Charles Fitzsimmons DCF0008 Tel: 215-737-0976 Email: Charles.Fitzsimmons@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: 541519

SIZE STANDARD:150 EMPLOYEES

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

Net 30 days

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 SP4701

SEE BLOCK 9

Criticality: C PAS : None

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

SL47303CA29

IMMIXTECHNOLOGY, INC.

8444 WESTPARK DR STE 200

MCLEAN VA 22102-5112

USA

TELEPHONE NO. 7037520610

18a. PAYMENT WILL BE MADE BY CODE SL4701

DEF FIN AND ACCOUNTING SVC

BSM

P O BOX 182317

COLUMBUS OH 43218-2317

USA

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

AA: 97X4930 5CBX 760009C 001 2571 S33189 $5839008.12

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

$5,839,008.12

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)

Anthony Sabatina Anthony.Sabatina@dla.mil

31c. DATE SIGNED

2020 AUG 28

1 IMMIXTECHNOLOGY, INC.

2020-Aug-25

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

QUO-1141929-L3G5N4

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

SABATINA.ANTHONY.VINCENT.1410668

Digitally signed by

SABATINA.ANTHONY.VINCENT.1410668579

Date: 2020.08.28 11:24:08 -04'00'

SP4701-20-Q-0055

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012)

36. PAYMENT

PARTIAL FINAL

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

CONTINUED ON NEXT PAGE

PAGE 3 OF 14 PAGES

NNG15S-C3-9-B - SP4701-20-F-0161

THIS AWARD OF A FIRM-FIXED PRICE PURCHASE ORDER IS BEING MADE IN ACCORDANCE WITH ALL TERMS, CONDITIONS, AND SOLICITATION PROVISIONS AND/OR CLAUSES FOUND IN SOLICITATION NUMBER SP4701-20-Q-0055.

IF THERE IS A CONFLICT BETWEEN THE OFFEROR’S QUOTE AND THE SOLICITATION AND/OR ORDER, THEN THE SOLICITATION AND/OR ORDER CONTROLS. FURTHERMORE, THE VENDOR’S OFFER WILL BE ADDRESSED UNDER SEPARATE COVERAGE.

EPROCUREMENT PO#: 8507611539

TYPE OF CONTRACT:

Firm Fixed Price Purchase Order

TECHNICAL POINT OF CONTACT:

Defense Logistics Agency (DLA) Marianne Sephton Email: Marianne.Sephton@dla.mil Phone: (571) 363-8928

WAWF INVOICE ACCEPTOR POINT OF CONTACT:

Defense Logistics Agency (DLA) Marianne Sephton Email: Marianne.Sephton@dla.mil Phone: (571) 363-8928

DELIVERY/INSTALLATION ADDRESS:

HQ Defense Logistics Agency J64 Asset Management Attn: April Danke 8725 John J. Kingman Road Fort Belvoir, VA 22060 Phone: (571) 767-3015 Email: april.danke@dla.mil Email: J64SoftwareAssetMGT@dla.mil

MARK FOR:

Defense Logistics Agency J6TE ATTN: Marianne Sephton 8725 John J. Kingman Road Email: Marianne.Sephton@dla.mil Phone: (571) 363-8928

* Please ensure deliveries are marked with the Contract, Purchase Order, or other notation to assist personnel identify the intended DLA location. *

SYSTEM FOR AWARD MANAGEMENT (SAM):

Contractor complete Certifications and Representations can be found on SAM https://www.sam.gov/portal/public/SAM/. SAM Certifications and Representations certified as current and active by the Contract Specialist on 8/28/2020.

CAGE: 3CA29

DUNS: 098692374

INVOICING/BILLING INSTRUCTIONS:

Contractor shall comply with DFARS 252.232-7003 and DFARS 252.232-7006 This contract contains DFAR 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018). As a result and in an effort towards the Department’s electronic Commerce initiatives, you are required to submit invoices electronically via Wide Area Work Flow (WAWF). Guidance regarding WAWF is available.

* When submitting invoices, please coordinate with the WAWF POC shown above. Also, please make sure the Unit Price and Quantity matches exactly what is in the Purchase Order. If it is submitted incorrectly, the invoice will be rejected in the system and need to be resubmitted, which will delay payment. *

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/.

This guide will provide step by step instructions to walk you through the registration process and get you ready for the DFAS free on-line computer based training. You can take this training class by logging on to www.wawftraining.com and walking through tutorials on using the system.

Invoices shall be submitted as a 2-in-1 or Combo invoice via the internet using the Government provided WAWF Receiving/Acceptance System at https://wawf.eb.mil. When the 2-in-1 or Combo invoice is received, via WAWF, the Government Point of Contact will review the document and, if it is correct, accept it electronically and forward it for payment.

TYPE OF DOCUMENT:

__ Commercial Item Financing __ Construction Invoice __ Invoice and Receiving Report (Combination) _X_ Invoice as 2-in-1 (Services Only)

PAGE 4 OF 14 PAGES

NNG15S-C3-9-B - SP4701-20-F-0161

__ Performance Based Payment __ Progress Payment __ Cost Voucher __ Receiving Report with Unique Identification (UID) Data

Contractors must ensure the following DoD Activity Address Codes (DoDAAC) are included on all invoices submitted for payment under this contract:

CAGE CODE: 3CA29

PAY OFFICIAL DODAAC: SL4701

ISSUE BY DODAAC: SP4701

ADMIN BY DODAAC: SP4701

SERVICE APPROVER DODAAC: SL4730

SERVICE ACCEPTOR DODAAC: SL4730

Any inconsistency in this solicitation, contract, quote or offer shall be resolved by giving precedence in the following order:

- The Schedule

- The Contract

- The Solicitation

- The Quote/Offer

PAGE 5 OF 14 PAGES

NNG15S-C3-9-B - SP4701-20-F-0161

SECTION B

SUPPLIES/SERVICES: 7035-N00000507

ITEM DESCRIPTION:

CLIN 0001 (BASE PERIOD)

MANUFACTURER:

IBM

PART NUMBER(s):

PLEASE SEE ATTACHMENT 1 - BILL OF MATERIALS (BoM) FOR MORE DETAILS

DESCRIPTION(s):

PLEASE SEE ATTACHMENT 1 - BILL OF MATERIALS (BoM) FOR MORE DETAILS

QUANTITY:

PLEASE SEE ATTACHMENT 1 - BILL OF MATERIALS (BoM) FOR MORE DETAILS

PERIOD OF PERFORMANCE (PoP):

SEPTEMBER 1, 2020 THROUGH AUGUST 31, 2021

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0001 7035-N00000507 IBM 5,839,008.120 EA $ 1.00 $ 5,839,008.12

SW MAINTENANCE

SUPPORT RENEWAL

QTY VARIANCE: PLUS 0% MINUS 0%

INSPECTION POINT: DESTINATION

ACCEPTANCE POINT: DESTINATION

FOB: DESTINATION DELIVERY DATE: 2021 AUG 31

FOB PAYMENT METHOD: CONTRACTOR

PLACE of INSPECTION for SUPPLIES:

SL4730

DEFENSE LOGISTICS AGENCY HQ

INFORMATION OPERATIONS (J6TE)

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

USA

PREP FOR DELIVERY:

SHALL BE PACKAGED STANDARD IN ACCORDANCE WITH ASTM D 3951.

SL4730

DEFENSE LOGISTICS AGENCY HQ

INFORMATION OPERATIONS (J6TE)

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

US

SL4730

DEFENSE LOGISTICS AGENCY HQ

INFORMATION OPERATIONS (J6TE)

8725 JOHN J KINGMAN ROAD

FORT BELVOIR VA 22060

US

CLIN 1001 (OPTION PERIOD 1)

PAGE 6 OF 14 PAGES

NNG15S-C3-9-B - SP4701-20-F-0161

SECTION B

SUPPLY/SERVICE: 7035-N00000507 CONT'D

MANUFACTURER:

IBM

PART NUMBER(s):

PLEASE SEE ATTACHMENT 1 - BILL OF MATERIALS (BoM) FOR MORE DETAILS

DESCRIPTION(s):

PLEASE SEE ATTACHMENT 1 - BILL OF MATERIALS (BoM) FOR MORE DETAILS

QUANTITY:

PLEASE SEE ATTACHMENT 1 - BILL OF MATERIALS (BoM) FOR MORE DETAILS

SEPTEMBER 1, 2021 THROUGH AUGUST 31, 2022

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

1001 7035-N00000507 IBM 5,779,388.200 EA $ 1.00 $ 5,779,388.20

SW MAINTENANCE

SUPPORT RENEWAL

This line item is an option in accordance with the terms and conditions of the solicitation/award.

QTY VARIANCE: PLUS 0% MINUS 0%

INSPECTION POINT: DESTINATION

ACCEPTANCE POINT: DESTINATION

FOB: DESTINATION DELIVERY DATE: 2022 AUG 31

FOB PAYMENT METHOD: CONTRACTOR

PREP FOR DELIVERY:

CLIN 2001 (OPTION PERIOD 2)

MANUFACTURER:

IBM

PART NUMBER(s):

PLEASE SEE ATTACHMENT 1 - BILL OF MATERIALS (BoM) FOR MORE DETAILS

DESCRIPTION(s):

PLEASE SEE ATTACHMENT 1 - BILL OF MATERIALS (BoM) FOR MORE DETAILS

QUANTITY:

PLEASE SEE ATTACHMENT 1 - BILL OF MATERIALS (BoM) FOR MORE DETAILS

SEPTEMBER 1, 2022 THROUGH AUGUST 31, 2023

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

2001 7035-N00000507 IBM 6,019,527.380 EA $ 1.00 $ 6,019,527.38

SW MAINTENANCE

SUPPORT RENEWAL

This line item is an option in accordance with the terms and conditions of the solicitation/award.

QTY VARIANCE: PLUS 0% MINUS 0%

INSPECTION POINT: DESTINATION

ACCEPTANCE POINT: DESTINATION

FOB: DESTINATION DELIVERY DATE: 2023 AUG 31

PAGE 7 OF 14 PAGES

NNG15S-C3-9-B - SP4701-20-F-0161

SECTION B

SUPPLY/SERVICE: 7035-N00000507 CONT'D

FOB PAYMENT METHOD: CONTRACTOR

PREP FOR DELIVERY:

GOVT USE

External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date .

0001 0084864052 0001 N/A N/A N/A N/A

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

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

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 14 PAGES

NNG15S-C3-9-B - SP4701-20-F-0161

SECTION A - SOLICITATION/CONTRACT FORM

TECHNICAL REQUIREMENTS

THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN `R' OR AN `I' NUMBER IN SECTION B) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE WEB AT: http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx . FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES

A FOLLOW-ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.

SECTION F - DELIVERIES OR PERFORMANCE

52.247-34 F.O.B. DESTINATION (NOV 1991) FAR

SECTION I - CONTRACT CLAUSES

52.202-1 DEFINITIONS (JUN 2020) FAR

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014) FAR

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020) FAR

52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020) FAR

52.203-8 CANCELLATION, RECISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) FAR

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) FAR

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020) FAR

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (JUN 2020) FAR

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT-RELATED FELONIES (DEC

2008) DFARS

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) FAR

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT

INFORMATION (OCT 2016) DFARS

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEC 2019) DFARS

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) DFARS

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 14 PAGES

NNG15S-C3-9-B - SP4701-20-F-0161

SECTION I - CONTRACT CLAUSES (CONTINUED)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR SUSPENSION (JUN 2020) FAR

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A COUNTRY

THAT IS A STATE SPONSOR OF TERRORISM (MAY 2019) DFARS

252.215-7014 EXCEPTION FROM CERTIFIED COST OR PRICING DATA REQUIREMENTS FOR FOREIGN MILITARY SALES INDIRECT

OFFSETS (JUN 2018) DFARS

52.222-19 CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES (DEVIATION 2020-O0019) (JUL 2020) FAR

(a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in --

(1) Israel, and the anticipated value of the acquisition is $50,000 or more;

(2) Mexico, and the anticipated value of the acquisition is $83,099 or more; or

(3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $182,000 or more.

(b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212-3(i), the Contractor agrees to cooperate fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized officials.

(c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations:

(1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products.

(2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector General, Attorney General, or the Secretary of the Treasury.

(3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes.

(4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor. (The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.)

(d) Remedies.

(1) The Contracting Officer may terminate the contract.

(2) The suspending official may suspend the Contractor in accordance with procedures in FAR Subpart 9.4.

(3) The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR Subpart 9.4.

(End of clause)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) FAR

52.222-26 EQUAL OPPORTUNITY (SEP 2016) FAR

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) FAR

252.225-7051 PROHIBITION ON ACQUISITION OF CERTAIN FOREIGN COMMERCIAL SATELLITE SERVICES (DEC 2018) DFARS

252.225-7052 RESTRICTION ON THE ACQUISITION OF CERTAIN MAGNETS, TANTALUM, AND TUNGSTEN (DEVIATION 2020-O0006)

(FEB 2020) DFARS

(a) Definitions. As used in this clause -- “Assembly” means an item forming a portion of a system or subsystem that --

(1) Can be provisioned and replaced as an entity; and

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 10 OF 14 PAGES

NNG15S-C3-9-B - SP4701-20-F-0161

SECTION I - CONTRACT CLAUSES (CONTINUED)

(2) Incorporates multiple, replaceable parts.

“Commercially available off-the-shelf item” --

(1) Means any item of supply that is --

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

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

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

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

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

“Covered country” means --

(1) The Democratic People's Republic of North Korea;

(2) The People's Republic of China;

(3) The Russian Federation; or

(4) The Islamic Republic of Iran.

“Covered material” means --

(1) Samarium-cobalt magnets;

(2) Neodymium-iron-boron magnets;

(3) Tantalum metal and alloy;

(4) Tungsten metal powder; and

(5) Tungsten heavy alloy or any finished or semi-finished component containing tungsten heavy alloy.

“Electronic device” means an item that operates by controlling the flow of electrons or other electrically charged particles in circuits, using interconnections such as resistors, inductors, capacitors, diodes, switches, transistors, or integrated circuits.

“End item” means the final production product when assembled or completed and ready for delivery under a line item of this contract.

“Subsystem” means a functional grouping of items that combine to perform a major function within an end item, such as electrical power, attitude control, and propulsion.

“Tungsten heavy alloy” means a tungsten base pseudo alloy that --

(1) Meets the specifications of ASTM B777 or SAE-AMS-T-21014 for a particular class of tungsten heavy alloy; or

(2) Contains at least 90 percent tungsten in a matrix of other metals (such as nickel-iron or nickel-copper) and has density of at least 16.5 g/cm3).

(b) Restriction.

(1) Except as provided in paragraph (c) of this clause, the Contractor shall not deliver under this contract any covered material melted or produced in any covered country, or any end item, manufactured in any covered country, that contains a covered material (10 U.S.C.

2533c).

(2)(i) For samarium-cobalt magnets and neodymium iron-boron magnets, this restriction includes --

(A) Melting samarium with cobalt to produce the samarium-cobalt alloy or melting neodymium with iron and boron to produce the neodymium-iron-boron alloy; and

(B) All subsequent phases of production of the magnets, such as powder formation, pressing, sintering or bonding, and magnetization.

(ii) The restriction on melting and producing of samarium-cobalt magnets is in addition to any applicable restrictions on melting of specialty metals if the clause at 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals, is included in the contract.

(3) For production of tantalum metal and alloys, this restriction includes the reduction of tantalum chemicals such as oxides, chlorides, or potassium salts, to metal powder and all subsequent phases of production of tantalum metal and alloys, such as consolidation of metal powders and melting.

(4) For production of tungsten metal powder and tungsten heavy alloy, this restriction includes -

(i) Atomization;

(ii) Calcination and reduction into powder;

(iii) Final consolidation of non-melt derived metal powders; and

(iv) All subsequent phases of production of tungsten metal powder, tungsten heavy alloy, or any finished or semi-finished component

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 11 OF 14 PAGES

NNG15S-C3-9-B - SP4701-20-F-0161

SECTION I - CONTRACT CLAUSES (CONTINUED)

containing tungsten heavy alloy.

(c) Exceptions. This clause does not apply --

(1) To an end item that is --

(i) A commercially available off-the-shelf item, other than --

(A) A commercially available off-the-shelf item that is 50 percent or more tungsten by weight; or

(B) A tantalum metal, tantalum alloy, or tungsten heavy alloy mill product, such as bar, billet, slab, wire, cube, sphere, block, blank, plate, or sheet, that has not been incorporated into an end item, subsystem, assembly, or component;

(ii) An electronic device, unless otherwise specified in the contract; or

(iii) A neodymium-iron-boron magnet manufactured from recycled material if the milling of the recycled material and sintering of the final magnet takes place in the United States.

(2) If the authorized agency official concerned has made a nonavailability determination, in accordance with section 225.7018-4 of the Defense Federal Acquisition Regulation Supplement, that compliant covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed at a reasonable price.

(i) For tantalum metal, tantalum alloy, and tungsten heavy alloy, the term “required form” refers to the form of the mill product, such as bar, billet, wire, slab, plate, or sheet, in the grade appropriate for the production of a finished end item to be delivered to the Government under this contract; or a finished component assembled into an end item to be delivered to the Government under the contract.

(ii) For samarium-cobalt magnets or neodymium-iron-boron magnets, the term “required form” refers to the form and properties of the magnets.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in subcontracts and other contractual instruments that are for items containing a covered material, including subcontracts and other contractual instruments for commercial items, unless an exception in paragraph (c) of this clause applies. The Contractor shall not alter this clause other than to identify the appropriate parties.

(End of clause)

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN

SMALL BUSINESS CONCERNS (SEP 2004) DFARS

52.232-17 INTEREST (MAY 2014) FAR

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) FAR

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

(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.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by 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.acquisition.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 must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

INVOICE AS 2-IN-1

(Contracting Officer: Insert applicable document type(s).

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 12 OF 14 PAGES

NNG15S-C3-9-B - SP4701-20-F-0161

SECTION I - CONTRACT CLAUSES (CONTINUED)

Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

N/A (Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)

(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 Ship To Code

Ship From Code Mark For Code

Service Approver (DoDAAC)

SL4730

Service Acceptor (DoDAAC)

SL4730

Accept at Other DoDAAC LPO DoDAAC

DCAA Auditor DoDAAC Other DoDAAC(s)

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

Marianne.Sephton@dla.mil (Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(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.

Marianne.Sephton@dla.mil (Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS

52.233-3 PROTEST AFTER AWARD (AUG 1996) FAR

52.242-13 BANKRUPTCY (JUL 1995) FAR

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENTS (DEC 2012) DFARS

As prescribed in 243.205-71, use the following clause:

(a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 13 OF 14 PAGES

NNG15S-C3-9-B - SP4701-20-F-0161

SECTION I - CONTRACT CLAUSES (CONTINUED)

Contractor believes the Government is liable. The request shall include only costs for performing the change, and shall not include any costs that already have been reimbursed or that have been separately claimed. All indirect costs included in the request shall be properly allocable to the change in accordance with applicable acquisition regulations.

(b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of the Contractor:

I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief.

(Official's Name)

(Title)

(c) The certification in paragraph (b) of this clause requires full disclosure of all relevant facts, including

(1) Certified cost or pricing data, if required, in accordance with subsection 15.403-4 of the Federal Acquisition Regulation (FAR); and

(2) Data other than certified cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including actual cost data and data to support any estimated costs, even if certified cost or pricing data are not required.

(d) The certification requirement in paragraph (b) of this clause does not apply to

(1) Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under a cost-reimbursement type contract, or progress payment invoices; or

(2) Final adjustments under an incentive provision of the contract.

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013) DFARS

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) FAR

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):

FAR: https://www.acquisition.gov/?q=browsefar DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

52.253-1 COMPUTER GENERATED FORMS (JAN 1991) FAR

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES

(DEC 2019) DFARS

252.225-7048 EXPORT CONTROLLED ITEMS (JUN 2013) DFARS

SECTION J - LIST OF ATTACHMENTS

List of Attachments

File Name Description

ATTACH_ATTACHMENT_1

___BILL_OF_MATERIALS

__BoM_

Tab 53 - Contract Award

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 14 OF 14 PAGES

NNG15S-C3-9-B - SP4701-20-F-0161

SECTION J - LIST OF ATTACHMENTS (CONTINUED)

File Name Description

ATTACH_ATTACHMENT_2

___CLAUSES

Tab 53 - Contract Award

ATTACH_ATTACHMENT_4

___BILATERALLY_SIGNE

D_AWARD

Tab 53 - Contract Award

ATTACH_ATTACHMENT_3

___SECTION_899_REQUI

REMENTS

Tab 56 - Extra (Pre & Po