SF1449_SPE2DP21R0133.PDF

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE2DP-21-R-0133

5. SOLICITATION NUMBER

2021 NOV 01

6. SOLICITATION ISSUE

DATE

YU CHEN DYC0004

a. NAME

Phone: 215-737-2103

b. TELEPHONE NUMBER (No Collect calls)

2021 NOV 15

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE2DP

DLA TROOP SUPPORT

MEDICAL SUPPLY CHAIN PHARM FSA

700 ROBBINS AVENUE

PHILADELPHIA PA 19111

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

000000NAICS:

SIZE 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

03:00 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)

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 3 OF 50 PAGES

CONTINUED ON NEXT PAGE

SPE2DP-21-R-0133

Form

Table of Contents Page

Continuation of Blocks from the Standard Form 1449 5

Block 8, Offer Due Date/Local Time 5

Block 9, Issued By 5

Block 17a, Contractor/Offeror 5

Block 17b, Remittance Address 5

Block 19-22, Item No., Schedule of Supplies/Services, Quantity, Unit 6

Caution Notices

Contractor Code of Business Ethics 10

Contract Clauses

52.212-4 Contract Terms and Conditions --Commercial Items (by reference, see SF 1449, Block 27a) 11

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders --Commercial Items 11

Addendum Containing Supplementary Clauses in Full Text and by Reference 15

52.252-2 Clauses Incorporated by Reference 15

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 16

252.209-7004 Subcontracting With Firms That Are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism 16

252.225-7002 Qualifying Country Sources as Subcontractors 16

52.232-17 Interest 16

52.242-13 Bankruptcy 16

52.242-15 Stop Work Order 16

Contract Documents, Exhibits or Attachments Solicitation Provisions 52.212-1 Instructions to Offerors --Commercial Items 16

Addendum to 52.212-1 19

52.212-2 Evaluation --Commercial Items 20

52.212-3 Offeror Representations and Certifications --Commercial Items, Alternate I 20

Addendum Containing Supplementary Provisions in Full Text and by Reference 35

52.216-1 Type of Contract 35

52.233-9001 Disputes: Agreement to Use Alternative Dispute Resolution (ADR) 35

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 50 PAGES

SPE2DP-21-R-0133

Form (CONTINUED)

52.252-1 Solicitation Provisions Incorporated by Reference 35

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls 36

52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or Transactions Relating to Iran - Representation and Certification 36

Procurement Notes

L06 Agency Protests 36

Additional Clauses as Applicable 36

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 50 PAGES

Form (CONTINUED)

Continuation of Blocks from SF 1449

1. Block 8 Offer Due Date/Local Time: _2021 NOVEMBER 16 3:00 PM EST ___________

2. Block 9

› Address and Submit “mailed” offers to:

Defense Logistics Agency Troop Support Post Office Box 56667 Philadelphia, PA 19111-6667 Solicitation Number: SPE2DP-21-R-0133 _______ Opening/Closing Date and Time: 11/1/2021 to 11/16/2021 03:00PM EST ____________________ › Address and Deliver “hand carried” offers, including delivery by commercial carrier, to:

DLA Troop Support Business Opportunities Office Bldg. 45, 1st Floor, Room 167 700 Robbins Avenue Philadelphia, PA 19111-5092 Solicitation Number: SPE2DP-21-R-0133___ Opening/Closing Date and Time: 11/1/2021 to 11/16/2021 03:00PM EST ____________________

Notes: 1. All hand carried offers are to be delivered to the Business Opportunities Office between 8:00 a.m. and 5:00 p.m., Monday through Friday, except for legal federal holidays as set forth in 5 USC 6103. Offerors using a commercial carrier service must ensure that the carrier service “hand carries” the package to the Business Opportunities Office specified above for hand carried offers prior to the scheduled opening/closing time. Package must be plainly marked ON THE OUTSIDE OF THE COMMERCIAL CARRIER'S ENVELOPE with the solicitation number, date, and time set forth for receipt of offers as indicated in Block 8 of the Standard Form 1449.

2. Examples of “hand carried” offers include: In-person delivery by contractor, Fed Ex, Airborne, UPS, DHL, Emery, other commercial carrier, USPS Express Mail, and USPS Certified Mail.

› Transmit “facsimile” offers (if authorized; see “Addendum” to 52.212-1(b)) or offer modifications/withdrawals to: (215) 737-9300, 9301, 9302, 9216, or 8558 Offers submitted to any other facsimile number shall not be considered for award.

3. Block 17a › Offeror's assigned Unique Entity Identifier Number: _______________

(If you do not have a Unique Entity Identifier number, contact the individual identified in Block 7a of the SF 1449 or see 52.212-1, Instructions to Offerors --Commercial Items (paragraph j) for information on establishing a unique entity identifier.)

› Offeror's assigned Contractor and Government Entity (CAGE) Code:__________________

4. Block 17b Remittance Address: (if different from Contractor/Offeror address in block 17a of the SF 1449.)

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 6 OF 50 PAGES

SPE2DP-21-R-0133

Form (CONTINUED)

5. Blocks 19-22 Item No., Schedule of Supplies/Services, Quantity, Unit:

SCHEDULE OF SUPPLIES

Schedule of SUPPLIES (Blocks 19-24 cont'd)

ITEM NO. DESCRIPTION

0001 INFLUENZA VIRUS VACCINE,

FLUZONE® QUADRIVALENT

SOUTHERN HEMISPHERE - 2022 FORMULA

.5 ML DOSE (SYRINGE) - 10 SYRINGES PER PACKAGE

NDC 49281-322-50; SANOFI PASTEUR INC.

ANNUAL ESTIMATED QUANTITY: 6,000 Packages (or 60,000 doses)

UNIT: Packages (PG)

UNIT PRICE: $__________/PG (Price shall be F.O.B. destination and exclusive of federal excise tax)

TOTAL: $__________

GUARANTEED MINIMUM / ANNUAL MAXIMUM QUANTITY:

Any resultant contract will have a guaranteed minimum/maximum quantity of 60,000 doses. The Government guarantees that this will be the ordered quantity during the duration of the contract.

FEDERAL EXCISE TAX

Each awarded line of Flu Vaccine will be awarded with a separate corresponding line indicating the Federal Excise Tax of $0.75 per dose. The price offered on the Flu Vaccine lines shall not include the tax.

DELIVERY:

All quantities shall be delivered to the Defense Depot New Cumberland, PA. The contractor shall be capable of delivering 100% of the requirements by April 15, 2022. This delivery schedule is the preferred delivery schedule. Alternate delivery

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 50 PAGES

SPE2DP-21-R-0133

Form (CONTINUED) schedules will be considered and will not be considered an exception to the solicitation requirements. Accelerated deliveries are permitted at any time.

INSTRUCTIONS FOR DELIVERY (For New Cumberland, PA only):

Commercial carriers such as UPS/FedEx (other than FedEx Custom Critical and product shipped on skids) are generally not subject to prelodge requirements. For all other freight carriers, delivery appointments must be made through prelodge ahead of shipment. If utilizing a carrier other than the aforementioned commercial carriers, please email PRELODGE@DLA.MIL with shipment details, quantities and carrier information to confirm whether a prelodge appointment will be necessary. If an appointment is necessary, the New Cumberland depot requires an EMAIL to be sent to PRELODGE@DLA.MIL requesting an appointment form. This form must then be completed by the carrier and sent back to DLA at which time (within 24-48 hours) an appointment is made. Please email the appointment requests as soon as possible BEFORE the desired appointment time, as appointment schedule may be based on warehouse coordination/availability. Once an appointment is scheduled, please provide the scheduled date/time, along with the confirmation number (if applicable), to John A. Garbarino at John.Garbarino@dla.mil.

Delivery Drivers must comply with the Real ID Act. Drivers without Alternate forms or Identification may be denied access to the installation. Hours of operation generally are from 6:00am to 10:30pm Monday through Friday and 6:00 am to 4:30pm Saturday, those these hours are subject to change. The access road is off PA Route 114 (Old York Road) 1 mile off the PA Turnpike and Interstate 83, Exit 39. Call 1-800-307-8496 for directions or weather related base closures. Shipper to load;

Consignee to Unload. Does not apply to tow-away shipments.

SHIP-TO LOCATION:

DLA Distribution Susquehanna PA

Bldg. 89 Ave U Door 6

Attn: James Earp

New Cumberland, PA 17070

FOB: DESTINATION

INSPECTION/ACCEPTANCE: DESTINATION

PRODUCT RETURNS:

Product is acceptable on a non-returnable basis; however, the Government shall retain all rights with regard to non-conforming vaccine, which may be returned or replaced at contractor's expense.

SPECIFICATIONS

ITEM IDENTIFICATION: INFLUENZA VIRUS VACCINE, SOUTHERN HEMISPHERE 2022 FORMULA

SCOPE. This specification covers the requirement of an Influenza Virus Vaccine, Southern Hemisphere with variety of virus strains. This product is an annual vaccination using a vaccine specific for a given year and recommended by the CDC Advisory

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 50 PAGES

SPE2DP-21-R-0133

Form (CONTINUED)

Committee on Immunization Practices (ACIP) to protect against the highly variable influenza virus.

SALIENT CHARACTERISTICS.

Indication and Usage. Shall be Influenza Virus Vaccine, Southern Hemisphere in accordance with the requirements of the USP.

Shall be a Quadrivalent Vaccine, suitable for intramuscular administration. The vaccine formula shall meet the minimum formula for the 2022 Influenza Vaccine season as determined by the FDA's Vaccines and Related Biological Products Advisory Committee.

Shall be FDA approved and ACIP recommended for immunizing patients three years of age and older.

Dose Presentations, Size and Age Indication. Shall be presented in a single-dose, pre-filled syringe (PFS) presentation; as indicated in the each line item in the Schedule of Supplies. Each, single dose, pre-filled syringe presentation shall include one dose suitable for 3 years of age and older. The vaccine presented in single-dose, pre-filled syringe presentations shall be free of thimerosal or other preservatives.

Perishable Medical Material. Perishable medical material includes both cold chain management and routine temperature-sensitive items. Perishable items requiring chill or freeze temperatures shall be properly packaged in accordance with DLAI 4145.21/TB MED 284/ NAVSUPINST 4610.31A/AFJI 41-208, or, as an alternate, in accordance with acceptable commercial practice. When specified in the contract/purchase order and/or SOW, perishable items requiring constant refrigeration shall be properly packaged and marked in accordance with cold chain management protocols. In addition to all applicable regulatory requirements and markings specified in the contract/purchase order and/or SOW, perishable medical material shall be marked as specified in Medical Marking Standard No. 1C.

Packaging and Storage. Keep temperature sensitive products requiring refrigeration temperatures between 2° C to 8° C (36o F-

46o F) within these temperature ranges during transportation, for up to 72 hours. No EXCURSIONS are acceptable. Protect from light. DO NOT FREEZE.

The contractor shall provide the Government with either product stability information to be used as part of the Government's disposition decision, or provide a point of contact who will review each excursion forwarded to them by the Government, and provide the Government disposition. Disposition will then be provided to the end customer by the Government. If end customers contact the contractor directly with temperature questions regarding the product (i.e. temperature monitoring device questions, refrigerator malfunctions, etc.), the contractor will provide the Government documentation of the call and outcome.

The minimum acceptable stability allowance is 48 hours.

For information regarding cold chain management protocols, including availability of updated requirements, contact DLA Troop Support via email at DSCPcoldchain@dla.mil.

Expiration Date. Shall not be later than 18 months after date of issue from manufacturer's cold storage (5o, 1 year).

Labeling. The label on each unit of Influenza Virus Vaccine, USP shall bear the full prescribing information.

Workmanship. The Influenza Virus Vaccine, USP shall be free from defect that detract from its appearance or impair its serviceability.

Unit. Package (PG). One package containing 10 single-dose presentations, as specified, constitutes one (1) unit.

REGULATORY REQUIREMENTS.

Federal Food, Drug, and Cosmetic Act. If the product covered by this document has been determined by the U.S. Food and Drug Administration to be under its jurisdiction, the offeror/ contractor shall comply, and be responsible for compliance by its subcontractors/suppliers, with the requirements of the Federal Food, Drug and Cosmetic Act, as amended, and regulations promulgated thereunder. In addition, the offeror/contractor shall comply, and be responsible for compliance by its subcontractors/suppliers, with the requirements of all other applicable Federal, State, and local statutes, ordinances, and regulations.

Recovered Materials. The offeror/contractor is encouraged to use recovered materials in accordance with the Federal Acquisition Regulation (FAR) Subpart 23.403 to the maximum extent practical.

QUALITY ASSURANCE PROVISIONS.

Contractor Certification. The contractor shall certify and maintain substantiating evidence that the product offered meets the salient characteristics of this Medical Procurement Item Description, and that the product conforms to the producers' own drawings, specifications, standards, and quality assurance practices, and is the same product offered for sale in the commercial market-place. The government reserves the right to require proof of such conformance prior to first delivery and thereafter as may be otherwise provided for under the provisions of the contract.

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 50 PAGES

SPE2DP-21-R-0133

Form (CONTINUED)

Responsibility for Inspection. Unless otherwise specified in the contract or purchase order, the contractor is responsible for the performance of all inspection requirements as specified herein. Except as otherwise specified in the contract or purchase order, the contractor may use his own or any facilities suitable for the performance of the inspection requirements specified herein, unless disapproved by the Government. The Government reserves the right to perform any of the inspections set forth in the specification where such inspections are deemed necessary to assure supplies and services conform to prescribed requirements.

Records. Records of examinations and tests performed by or for the contractor shall be maintained by the contractor and made available to the Government upon the Government's request, at any time, or from time to time, during the performance of the contract and for a period of three years after delivery of the supplies to which such records relate.

Inspection. Inspection, as used herein, is defined as both examination (such as visual or auditory investigation without the use of special laboratory appliances or procedures) and testing (determination by technical means of physical and chemical properties) of the item.

Examination and Testing. Examination and testing shall be conducted on the product in accordance with commercial practice.

The sampling for examination and testing shall be in accordance with commercial practice.

Metric Products. Products manufactured to metric dimensions will be considered on an equal basis with those manufactured using inch-pound units. Dimensions and tolerances specified shall be converted using conversion tables contained in the latest revision of ASTM E 380.

Other Quality Assurance Provisions. Shall be as indicated in the contract/purchase order and/or SOW.

PREPARATION FOR DELIVERY.

Preservation. Preservation shall be commercial, as specified in the contract or purchase order.

Unit. Each unit, as specified in this specification; shall be supplied in a suitable sealed commercial container.

Packing. Packing shall be commercial, as specified in the contract or purchase order.

Commercial. Exterior (shipping) container shall contain one unit.

Unitization. Material shall be unitized on 4-way entry pallets as specified in the contract or purchase order.

Packing list. Packing list shall be supplied as specified in Medical Marking Standard No. 1C.

Labeling and Marking. Marking requirements, Medical material shall be marked in English as specified herein and in the applicable contract or purchase order. Required markings may include identification data, bar codes, destination address, shelf life, lot (control) number, storage legends, markings for items requiring special handling (i.e., perishable items, controlled items, hazardous items, etc.) and shall be supplied as applicable. Markings include, but are not limited to, the following:

Unit Pack. Each unit pack shall be marked in accordance with commercial practice. In addition to the requirements specified in the latest revision of Medical Marking Standard No. 1C (MMS1C), mark each unit pack with lot number, contractor cage code, manufacturer's cage code and part number. Markings may be supplied by any suitable means, i.e., printed directly on the bag, printed on a pressure-sensitive label permanently affixed to the bag, or printed on a sheet of paper inserted into the bag prior to closing.

Intermediate Package. Each intermediate package shall be marked as specified in Medical Marking Standard No. 1C.

Exterior (shipping) Container. Each exterior (shipping) container shall be marked as specified in Medical Marking Standard No. 1C.

Unitized Load. Each unitized load shall be marked as specified in Medical Marking Standard No. 1C.

Other Required Markings. Other required markings shall be as specified in Medical Marking Standard No. 1C. They shall be supplied as applicable. Markings include, but are not limited to, the following:

Shelf Life Markings. Shelf-life markings shall be supplied as specified in the contract or purchase order. Shelf life markings may include the expiration date, date of manufacture, inspection/test date, etc., as applicable.

Material requiring special handling marking and/or storage legends. In addition to applicable commercial markings, and all markings as specified in the contract/purchase order and/or SOW, special handling and/or storage legends shall be supplied on the unit, intermediate package, exterior (shipping) container and unitized load, as applicable, and may consist of printed legends and/or pictorial markings. Placement shall not interfere with or obscure any other markings.

Perishable medical material. Perishable medical material includes both cold chain management and routine temperature-sensitive items. Perishable items requiring chill or freeze temperatures shall be properly packaged in accordance with DLAI 4145.21/TB MED 284/ NAVSUPINST 4610.31A/AFJI 41-208, or, as an alternate, in accordance with acceptable commercial practice. When specified in the contract/purchase order and/or SOW, perishable items requiring constant refrigeration shall be properly packaged and marked in accordance with cold chain management protocols. In addition to all applicable regulatory

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 10 OF 50 PAGES

SPE2DP-21-R-0133

Form (CONTINUED) requirements and markings specified in the contract/purchase order and/or SOW, perishable medical material shall be marked as follows:

Cold chain management items.

(a) Marking requirements. Shipments of FSC 6505 Vaccines and other designated items requiring compliance with specialized cold chain management protocols shall be marked in accordance with regulatory requirements and as specified in the applicable protocol. Markings shall include “ARROW” and “FRAGILE” markings, as applicable. Protocols are available in DLAI 4145.21/TB MED 284/ NAVSUPINST 4610.31A/AFJI 41-208. Protocols may also be available in the contract/purchase order and/or SOW. Protocols are subject to change periodically. For information regarding protocols, including availability of updated requirements, contact DLA Troop Support via email at DSCPcoldchain@dla.mil.

(b) Temperature monitor. Temperature Monitors. Temperature monitoring devices will be provided by the Government to the Contractor at no cost to the Contractor. In order to monitor the temperature ranges during transit, the contractor is required to place one temperature monitor into 5 randomly chosen boxes for each full truck-load shipment to each requested destination (2 monitors will be required for less than a full truck-load). The contractor shall place an “X” or some other identifying mark on the boxes containing the monitors to alert the receiving depot to their location. When small parcel carriers are used (e.g.

FedEx), 1 temperature monitor per box will be required. Any shipment of any size that is delivered to the Government without temperature monitors will be rejected and returned to the contractor at contractor's expense, or disposed of at the direction of the contractor.

NOTES.

The following documents are available from the following link:

- Medical Marking Standard No. 1C.

- DLA Troop Support Requirements for Temperature Monitoring Devices.

- https://www.dla.mil/HQ/LogisticsOperations/Packaging/MedicalPack1/

- Packing Protocols for Temperature Sensitive Medical Products requiring Storage and Transportation Temperatures between 2°C - 8°C (36°F - 46°F).

Content Inquiries: DSCPcoldchain@dla.mil

CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS

FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty.

Contractors should have a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C. 3729-3733)

If this solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct;

exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act. (31 U.S.C.

3729-3733). When FAR 52.203-13 is included in the contract, contractors must provide a copy of its written code of business ethics and conduct to the contracting officer upon request by the contracting officer.

https://www.dla.m
il/HQ/LogisticsOperations/Packaging/MedicalPack1/

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 11 OF 50 PAGES

Form (CONTINUED)

Contract Clauses

Note: 52.212-4, Contract Terms and Conditions --Commercial Items (OCT 2018) is incorporated in this solicitation by reference. Its full text may be accessed electronically at https://www.ecfr.gov/cgi-bin/ECFR?

SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse. Text is available for viewing in Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (SEP 2019) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 89(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015)

(5) 52.233-3, Protest after Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020) 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ X _ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020)

(41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections Under the American Recovery and

Reinvestment Act of 2009 (JUN 2010) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ X _ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved].

___ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C.);

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L.

111-117, section 743 of Div. C.);

__ X _ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) (31 U.S.C. 6101 note).

__ X _ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

___ (10) [Reserved].

___ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Class Deviation 2020-O0008) (OCT

2020) (15 U.S.C. 657a).

_____ (ii) Alternate I (MAR 2020) of 52.219-3.

__ X _ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Class https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 12 OF 50 PAGES

SPE2DP-21-R-0133

Form (CONTINUED)

Deviation 2020-O0008) (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

_____ (ii) Alternate I (MAR 2020) of 52.219-4.

___ (13) [Reserved] ___ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Class Deviation 2020-O0008) (OCT 2020) (15 U.

S.C. 644).

___ (ii) Alternate I (Class Deviation 2020-O0008) (MAR 2020) of 52.219-6 ___ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Class Deviation 2020-O0008) (OCT 2020)

(15 U.S.C. 644).

___ (ii) Alternate I (Class Deviation 2020-O0008) (MAR 2020) of 52.219-7 __X_ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637 (d)(2) and (3)).

__X_ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (NOV 2016) of 52.219-9 ___ (iii) Alternate II (NOV 2016) of 52.219-9 ___ (iv) Alternate III (JUN 2020) of 52.219-9 ___ (v) Alternate IV (Class Deviation 2019-O0005 Revision 1) (JAN 2019) of 52.219-9 ___ (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

___ (ii) Alternate I (MAR 2020) of 52.219-13 ___ (19) 52.219-14, Limitations on Subcontracting (Class Deviation 2020-O0008) (MAR 2020) (15 U.S.C. 637

(a)(14)).

_ X __ (20) 52.219-16, Liquidated Damages --Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Class Deviation 2020-O0008) (MAR 2020) (15 U.S.C. 657f).

__ X _ (22)(i) 52.219-28, Post Award Small Business Program Representation (NOV 2020) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28 ___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business (EDWOSB) Concerns (Class Deviation 2020-O0008) (MAR 2020) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Class Deviation 2020-O0008) (MAR 2020) (15 U.S.C.

637(m)).

___(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

____(26) 52.219-33, Nonmanufacturer Rule (Class Deviation 2020-O0008) (Mar 2020) (15 U.S.C. 637(a)(17)).

_X__ (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

_ X __ (28) 52.222-19, Child Labor --Cooperation with Authorities and Remedies (Class Deviation 2020-O0019) (JUL 2020) (E.O. 13126).

_ X __ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

__ X _ (30)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

___ (ii) Alternate I (FEB 1999) of 52.222-26.

_ X __ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

___ (ii) Alternate I (July 2014) of 52.222-35.

_ X __ (32)(i) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

___ (ii) Alternate I (JULY 2014) of 52.222-36.

_ X __ (33) 52.222-37, Employment Reports on Veterans (J) (38 U.S.C. 4212).

__ X _ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_ X __ (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22.U.S.C. chapter 78 and

E.O. 13627).

___ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 13 OF 50 PAGES

SPE2DP-21-R-0133

Form (CONTINUED)

___ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

___ (40)(i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514) ___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (41)(i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020)

(42 U.S.C. 8259b).

___ (43)(i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_ X __ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (JUN 2020) (E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

___ (ii) Alternate I (JAN 2017) of 52.224-3.

___ (48) 52.225-1, Buy American--Supplies (JAN 2021) (41 U.S.C. chapter 83).

___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (JAN 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (JAN 2021) of 52.225-3.

___ (iii) Alternate II (JAN 2021) of 52.225-3.

___ (iv) Alternate III (JAN 2021) of 52.225-3.

___ (50) 52.225-5, Trade Agreements (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_ X __ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (55) 52.229-13 Restrictions on Certain Foreign Purchases (FEB 2021) ___ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505), 10 U.S.C. 2307(f)).

___ (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_ X __ (58) 52.232-33, Payment by Electronic Funds Transfer -- System for Award Management

(OCT 2018) (31 U.S.C. 3332).

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 14 OF 50 PAGES

SPE2DP-21-R-0133

Form (CONTINUED)

___ (59) 52.232-34, Payment by Electronic Funds Transfer --Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_ __ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

_X__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d) (12)).

_ __ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. 55305 and 10 U.S.C. 2631).

___ (ii) Alternate I (APR 2003) of 52.247-64.

___ (iii) Alternate II (FEB 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

___ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67.).

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-55, Minimum Wages under Executive Order 13658 (NOV 2020) (E.O. 13658).

___ (8) 52.222-62, Paid Sick Leave under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause --

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 15 OF 50 PAGES

SPE2DP-21-R-0133

Form (CONTINUED)

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (JUL 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.2014-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020) (Section 889(a)(1)(A) of Pub, L 115-232)

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C. chapter 67).

(xiii) ____ (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O.

13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages under Executive Order 13658 (NOV 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xix) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(A) Alternate I (JAN 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792).

Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

Addendum

The following additional clauses are set forth in full text:

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 16 OF 50 PAGES

SPE2DP-21-R-0133

Form (CONTINUED)

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.ecfr.gov/cgi-bin/text-idx?SID=6e9bf6d81b42b0ae243df8c51e13fa62&mc=true&tpl=/ ecfrbrowse/Title48/48tab_02.tpl

· DFARS: https://www.ecfr.gov/cgi-bin/ECFR?

SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse.

· DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

The following additional clauses are incorporated by reference:

CLAUSE NUMBER TITLE/DATE

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEC 2019)

DFARS

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

252.225-7002 Qualifying Country Sources as Subcontractors (DEC 2017) DFARS

52.232-17 Interest (MAY 2014) FAR

52.242-13 Bankruptcy (JUL 1995) FAR

52.242-15 Stop Work Order (AUG 1989) FAR

Solicitation Provisions

FAR 52.212-1 Instructions to Offerors -- Commercial Items (JUL 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show --

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 17 OF 50 PAGES

SPE2DP-21-R-0133

Form (CONTINUED)

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are…