SF1449 SP4702-24-R-0013.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000187093

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SP4702-24-R-0013

5. SOLICITATION NUMBER

2024 AUG 09

6. SOLICITATION ISSUE

DATE

Howard Merkle DHM0006

a. NAME

Phone: DSN312-850-65

b. TELEPHONE NUMBER (No Collect calls)

2024 AUG 26

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SP4702

DCSO COLUMBUS-DIVISION-1

PO BOX 3990

COLUMBUS OH 43218-3990

USA

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

611430NAICS:

$15 MillionSIZE STANDARD:

11. DELIVERYFOR 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 16. ADMINISTERED BY CODE

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

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

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

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

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

12:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

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) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE 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

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

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

SP4702-24-R-0013– SECTIONS A THROUGH J CONTINUATION PAGES

SECTION A – SOLICITATION / CONTRACT FORM

1. YOU MUST FOLLOW THE BELOW INTRUCTIONS TO ENSURE PAYMENT:

When entering invoices into Wide Area Workflow (WAWF), the unit price and quantity information must be flipped. When flipping CLIN information, reverse the quantity and unit price. Make sure you use the unit of measure “EA” when entering CLIN information into WAWF. Failure to do so will result in a delay in payment of the invoice as the invoice will have to be rejected and resubmitted. If you have any questions regarding this matter, contact your WAWF Representative Rhonda Croskey, (614) 692-4724 or Rhonda.Croskey@dla.mil.

An example would be as follows:

Item #: Unit of Issue: Unit Cost Total Quantity (Actual Contract Cost)

Invoiced Amount:

0001 MO $1.00 X,XXX.XX $X,XXX.XX

2. AWARD: The Government reserves the right to not make an award as a result of this solicitation if such award is determined contrary to the best interest of the Government.

3. DISCUSSIONS: The Government intends to issue an award without discussions. However, the Government reserves the right to enter into discussions if it is deemed to be in the best interest of the Government.

4. REAL ID ACT

Current Status of States/Territories: The Department of Homeland Security (DHS) announced on December 20, 2013 a phased enforcement plan for the REAL ID Act (the Act), as passed by Congress, that will implement the Act in a measured, fair, and responsible way.

Enforcement: If a state or territory does not receive a new extension Federal agencies may not accept licenses and identification cards issued by these states and territories beginning May 7, 2025.

5. C05 Changes to Key Personnel (OCT 2016)

Certain skilled, experienced, professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. These are defined as "key personnel" and are those persons whose resumes are submitted as part of the technical/business proposal for evaluation. The Offeror shall use key personnel as identified in its proposal during the performance of this contract and will request contracting officer approval prior to any changes. Requests for approval of any changes shall be in writing with a detailed explanation of the circumstances necessitating the change. The request must contain a complete resume for the new key personnel and any other pertinent information, such as degrees, certifications, and work history. New key personnel must have qualifications that are equal to or higher than those being replaced. The contracting officer will evaluate the request and notify the Offeror whether the requested change is acceptable to the Government.

6. ANTITERRORISM TRAINING BY OFFEROR

(a) In accordance with DOD Instruction 2000.16 and DLA Instruction 6308, Level 1 Antiterrorism (AT Training must be completed on an annual basis by all employees of the contractor performing under this requirement and may be accomplished by one or two means:

a. Under the instruction of a qualified Level 1 AT Awareness Instructor

b. Competition of a DoD-sponsored certified computer or web-based distance learning instruction for Level 1AT Awareness, which can be found at http://jko.jten.mil/courses/atl1/launch.html for mailto:Rhonda.Croskey@dla.mil http://jko.jten.mil/courses/atl1/launch.html non-CAC holders andhttps://jkodirect.jten.mil/Altas2/faces/page/login/Login.seams for CAC holders.

(b) Specifically, only those employees whose contract performance requires them to have routine access to federally-controlled facility and/or routine access to a federally-controlled information system must take the training. Also note that the contractor shall coordinate with the Contracting Officer for those employees that require access only intermittently or for a period of less than six months, to determine if the training is required.

(c) Upon initial hire the contractor will contact the onsite DLA Antiterrorism Officer (ATO) to schedule the initial training.

(d) The Certificates are valid for one year; therefore, training shall be completed every year for the duration of the contract.

(e) The contractor shall maintain copies of all training certificates for the duration of the contract and may be required to supply copies of the training certificates to the Contracting Officer no more than biannually for submission to the ATO.

7. PROPOSAL SUBMITTAL INFORMATION:

Proposals are required to be received by August 26th, 2024 at 12:00 PM Eastern Standard Time to the following addresses*:

E-mail: Howard.Merkle@dla.mil; Abigail.Sharpless@dla.mil

The email needs to have in the subject line:

RESPONSE TO RFP SP4702-24-R-0013

If multiple e-mails need to be submitted, offerors shall put in the subject line: Email X of X. NOTE: E-Mails cannot be larger than 15MB in size. If necessary, the proposal shall be separated into multiple e-mails in order to comply with the e-mail size limitations.

If proposal submission via email (or multiple emails with the proposal sent in multiple parts) is not feasible due to file size restrictions, proposals shall be submitted via the below website (DoD SAFE):

https://safe.apps.mil/

Importantly – If it is necessary to submit a proposal via DoD SAFE, and if the individual submitting the proposal documents is not an authenticated Common Access Card (CAC) user, then that individual can only send files using this system if they receive a request to do so by a CAC user. To receive a request to submit proposals via this secure system please send an email (with a read receipt requested) to both Howard.Merkle@dla.mil and Abigail.Sharpless@dla.mil before the solicitation closing period. If no read receipt is provided within two hours of sending this email, call Mr. Merkle at (614) 692-6577, or Ms. Sharpless at 614-692-8189 to verify that DCSO has received the request.

All risk is on the vendor to ensure that sufficient advance notification is provided to the Government so that this file submittal request can be sent out, and allow the vendor sufficient time to submit the proposal documents in time.

Timely receipt of proposal is a mandatory element.

8. DESCRIPTION OF PRODUCTS AND SERVICES

The scope of the contract is for the performance of Human Resource Pathways to Career Excellence (PaCE) training services to be accomplished in accordance with the Performance Work Statement.

mailto:Howard.Merkle@dla.mil mailto:Abigail.Sharpless@dla.mil https://safe.apps.mil/ mailto:Howard.Merkle@dla.mil mailto:Abigail.Sharpless@dla.mil

9. PERIOD OF PERFORMANCE

The Period of Performance shall be for one base year with four 1-year options.

10. PROPOSAL PREPARATION COSTS

The Government shall not be responsible or liable for any costs incurred by any parties in the preparation and submission of any technical or price proposal in response to this RFP.

11. VENDOR PROPOSAL INSTRUCTIONS AND REQUIREMENTS

(a) Period for Acceptance of Offers: The offeror agrees to hold the prices in its offer firm for 40 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(b) Offeror Submittal Requirements: In order to be further considered for award, offeror shall submit the following as part of their quote:

Signed 1449 Completed clause fill-ins Completed pricing Documents and CLINS Acknowledgement of any solicitation amendments Requirements included in the PWS All four Option years must be quoted to be considered for award.

12. COMMON ACCESS CARD (CAC) MANAGEMENT:

The vendor will not require Common Access Cards in order to perform under this requirement.

13. Exceptions to any terms and conditions of the RFP may make the quote unacceptable.

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

BASE YEAR:

ITEM NO.

SUPPLIES/SERVICES QUANTITY

UNIT

UNIT PRICE

EXT PRICE

0001 U099-V00007706 1 UN $ $

NOUN: Base Year - Course Instruction

PRICING TERMS: Firm Fixed Price

PERIOD OF PERFORMANCE: TBD

ITEM DESCRIPTION: Awardee shall perform course instruction IAW Section C, Performance Work Statement.

*”LOT” = The estimated aggregate quantity, and mix of courses required under CLIN 0001. The CLIN 0001 value is only an estimate, and is necessary to assist in the calculation of an estimated award value for any eventual contract award.

Instructions for Proposing Under CLIN 0001:

The Offeror shall propose under CLIN 0001 by first completing Attachment 3 - Pricing Matrix’s ‘Pricing Matrix’ worksheet, attached to this solicitation, for the Base Year. The Offeror shall then use the ‘Total Estimated CLIN Value’ for CLIN 0001 provided by the “Extended Price” worksheet as the CLIN 0001 “Extended Price”. As there will likely be no one “Unit Price” due to the multiple iterations of the course (as established by the Pricing Matrix) to be instructed, this value shall be set to “$1.00”.

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

0002 U099-V00007706 1 UN $ $

NOUN: Base Year - Course Material

PERIOD OF PERFORMANCE: TBD

ITEM DESCRIPTION: Contractor shall provide course materials for all HR PaCE courses as well as perform both periodic and irregular updates, as necessary, to course material as required IAW Section C, Performance Work Statement.

1001 U099-V00007706 1 UN $ $

PERIOD OF PERFORMANCE: TBD

ITEM DESCRIPTION: Awardee shall perform course instruction IAW Section C, Performance Work Statement.

*”LOT” = The estimated aggregate quantity, and mix of courses required under CLIN 1001. The CLIN 1001 value is only an estimate, and is necessary to assist in the calculation of an estimated award value for any eventual

Instructions for Proposing Under CLIN 1001:

The Offeror shall propose under CLIN 1001 by first completing Attachment 3 - Pricing Matrix’s ‘Pricing Matrix’ worksheet, attached to this solicitation, for the Base Year. The Offeror shall then use the ‘Total Estimated CLIN Value’ for CLIN 1001 provided by the “Extended Price” worksheet as the CLIN 1001 “Extended Price”. As there will likely be no one “Unit Price” due to the multiple iterations of the course (as established by the Pricing Matrix)

1002 U099-V00007706 1 UN $ $

PERIOD OF PERFORMANCE: TBD

ITEM DESCRIPTION: Contractor shall provide course materials for all HR PaCE courses as well as perform both periodic and irregular updates, as necessary, to course material as required IAW Section C, Performance Work

2001 U099-V00007706 1 UN $ $

PERIOD OF PERFORMANCE: TBD

ITEM DESCRIPTION: Awardee shall perform course instruction IAW Section C, Performance Work Statement.

*”LOT” = The estimated aggregate quantity, and mix of courses required under CLIN 2001. The CLIN 2001 value is only an estimate, and is necessary to assist in the calculation of an estimated award value for any eventual

Instructions for Proposing Under CLIN 2001:

The Offeror shall propose under CLIN 2001 by first completing Attachment 3 - Pricing Matrix’s ‘Pricing Matrix’ worksheet, attached to this solicitation, for the Base Year. The Offeror shall then use the ‘Total Estimated CLIN Value’ for CLIN 2001 provided by the “Extended Price” worksheet as the CLIN 2001 “Extended Price”. As there will likely be no one “Unit Price” due to the multiple iterations of the course (as established by the Pricing Matrix)

2002 U099-V00007706 1 UN $ $

NOUN: Base Year - Course Material

PRICING TERMS: Firm Fixed Price

PERIOD OF PERFORMANCE: TBD

ITEM DESCRIPTION: Contractor shall provide course materials for all HR PaCE courses as well as perform both periodic and irregular updates, as necessary, to course material as required IAW Section C, Performance Work

3001 U099-V00007706 1 UN $ $

PERIOD OF PERFORMANCE: TBD

ITEM DESCRIPTION: Awardee shall perform course instruction IAW Section C, Performance Work Statement.

*”LOT” = The estimated aggregate quantity, and mix of courses required under CLIN 3001. The CLIN 3001 value is only an estimate, and is necessary to assist in the calculation of an estimated award value for any eventual

Instructions for Proposing Under CLIN 3001:

The Offeror shall propose under CLIN 0001 by first completing Attachment 3 - Pricing Matrix’s ‘Pricing Matrix’ worksheet, attached to this solicitation, for the Base Year. The Offeror shall then use the ‘Total Estimated CLIN Value’ for CLIN 3001 provided by the “Extended Price” worksheet as the CLIN 3001 “Extended Price”. As there will likely be no one “Unit Price” due to the multiple iterations of the course (as established by the Pricing Matrix)

3002 U099-V00007706 1 UN $ $

PERIOD OF PERFORMANCE: TBD

ITEM DESCRIPTION: Contractor shall provide course materials for all HR PaCE courses as well as perform both periodic and irregular updates, as necessary, to course material as required IAW Section C, Performance Work

4001 U099-V00007706 1 UN $ $

PERIOD OF PERFORMANCE: TBD

ITEM DESCRIPTION: Awardee shall perform course instruction IAW Section C, Performance Work Statement.

*”LOT” = The estimated aggregate quantity, and mix of courses required under CLIN 4001. The CLIN 4001 value is only an estimate, and is necessary to assist in the calculation of an estimated award value for any eventual

Instructions for Proposing Under CLIN 4001:

The Offeror shall propose under CLIN 4001 by first completing Attachment 3 - Pricing Matrix’s ‘Pricing Matrix’ worksheet, attached to this solicitation, for the Base Year. The Offeror shall then use the ‘Total Estimated CLIN Value’ for CLIN 4001 provided by the “Extended Price” worksheet as the CLIN 4001 “Extended Price”. As there will likely be no one “Unit Price” due to the multiple iterations of the course (as established by the Pricing Matrix)

4002 U099-V00007706 1 UN $ $

PERIOD OF PERFORMANCE: TBD

ITEM DESCRIPTION: Contractor shall provide course materials for all HR PaCE courses as well as perform both periodic and irregular updates, as necessary, to course material as required IAW Section C, Performance Work

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

1. The Performance Work Statement is attached to the solicitation as Attachment 1 – Performance Work Statement.

SECTION D – PACKING AND MARKING

N/A

SECTION E – INSPECTION AND ACCEPTANCE

52.246-4 INSPECTION OF SERVICES-FIXED-PRICE (AUG 1996) (FAR)

(a) Definition. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may-

(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and

(2) Reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may-

(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or

(2) Terminate the contract for default.

(End of clause)

SECTION F – DELIVERIES OR PERFORMANCE

52.242-15 STOP-WORK ORDER (AUG 1989) FAR

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR

SECTION G – CONTRACT ADMINISTRATION DATA

252.201-7000 Contracting Officer's Representative Dec-91

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— https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.232-7003 https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.232-7003

(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.

Invoice 2in1

(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.

[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* http://www.sam.gov/

Field Name in WAWF

Data to be entered in WAWF

Pay Official DoDAAC

SL4701

Issue By DoDAAC

SP4702

Admin DoDAAC**

SP4702

Inspect By DoDAAC

NA

Ship To Code

SC0922

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(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.

RhondaCroskey@dla.mil or (614) 692-4724

(Contracting Officer: Insert applicable information or “Not applicable.”)

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

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H11 Section 508 Requirements Oct-2020

H14 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS Dec-2021

H16 OPERATIONS SECURITY (OPSEC) FOR ON-SITE CONTRACTORS Dec-2021

SECTION I – CONTRACT CLAUSES

52.203-3GRATUITIES Apr-1984

52.203-12 Limitation on Payments to Influence Certain Federal Transactions Jun-2020

52.203-17 Contractor Employee Whistleblower Rights Nov-2023

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation Jan-2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements Jan-

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DoD OFFICIALS Sep-

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS Dec-

52.204-2SECURITY REQUIREMENTS Mar-2021

52.204-4PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER May-

52.204-9PERSONAL IDENTITY VERIFICATION OF CONTRACT PERSONNEL Jan-2011

52.204-12 Unique Entity Identifier Maintenance Oct-2016

52.204-13 System for Award Management Maintenance Oct-2018

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING Aug-

52.204-18 Commercial and Government Entity Code Maintenance Aug-2020

52.204-19 INCORPORATION BY REFERENCE OF REPS & CERTS Dec-2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems Nov-2021 mailto:RhondaCroskey@dla.mil

52.204-27 Prohibition on a ByteDance Covered Application. Jun-2023

52.204-30 Federal Acquisition Supply Chain Security Act Orders -- Prohibiition Dec-2023

252.204-7000 DISCLOSURE OF INFORMATION Oct-2016

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT Apr-1992

252.204-7004 Antiterrorism Awareness Training for Contractors Feb-2019

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting Dec-2019

(a) Definitions. As used in this clause—

“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

“Contractor attributional/proprietary information” means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination.

Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

“Covered contractor information system” means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

“Covered defense information” means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is—

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.

“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

“Forensic analysis” means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

http://www.archives.gov/cui/registry/category-list.html

“Malicious software” means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.

“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.

‘‘Operationally critical support’’ means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

“Rapidly report” means within 72 hours of discovery of any cyber incident.

“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013 , Rights in Technical Data—Other Than Commercial Products and Commercial Services, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:

(1) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government, the following security requirements apply:

(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010 , Cloud Computing Services, of this contract.

(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.

(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:

(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations” (available via the internet at https://csrc.nist.gov/publications/sp800) in effect at the time the solicitation is issued or as authorized by the Contracting Officer.

(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than

December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.

(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the

Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.227-7013 https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.239-7010 mailto:osd.dibcsia@mail.mil requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.

(C) If the DoD CIO has previously adjudicated the contractor’s requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.

(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/documents-templates/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.

(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan.

(c) Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor’s ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, the Contractor shall—

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor’s network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor’s ability to provide operationally critical support; and

(ii) Rapidly report cyber incidents to DoD at https://dibnet.dod.mil.

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at https://dibnet.dod.mil.

(3) Medium assurance certificate requirement.In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see https://public.cyber.mil/eca/.

(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer.

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the

Contractor shall preserve and protect images of all known affected information systems identified in paragraph http://www.fedramp.gov/documents-templates/)

(c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.

(f) Access to additional information or equipment necessary for forensic analysis.Upon request by DoD, the

Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the

Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.

(i) Use and release of contractor attributional/proprietary information not created by or for

DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD—

(1) To entities with missions that may be affected by such information;

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;

(3) To Government entities that conduct counterintelligence or law enforcement investigations;

(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or

(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a contract that includes the clause at 252.204-7009 , Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government’s use and release of such information.

(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.

(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor’s responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements.

(m) Subcontracts. The Contractor shall— https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS_252.204-7009

(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve covered defense information, including subcontracts for commercial products or commercial services, without alteration, except to identify the parties. The Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; and

(2) Require subcontractors to—

(i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and

(ii) Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable, when reporting a cyber incident to DoD as required in paragraph (c) of this clause.

252.204-7012 (DEVIATION 2024-O0013) Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2024-O0013) May-2024

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support May-2016

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES Dec-2019

252.204-7019 NOTICE OF NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS Mar-2022

252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS Mar-2022

252.204-7022 EXPEDITING CONTRACT CLOSEOUT May-2021

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS Jun-

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

FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES Nov-2023

(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 post-acceptance 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.

(c) 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.

(e) 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;

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

(viii) 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.

http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1

(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.

(C) 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…