SF1449_SPE60320D5008 Fully Executed 9.29.2020.pdf

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

16. ADMINISTERED BY CODE

7. FOR SOLICITATION

INFORMATION CALL:

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

0083654052

2. CONTRACT NO.

SPE603-20-D-5008

3. AWARD/EFFECTIVE

DATE

2020 SEP 29

4. ORDER NUMBER 5. SOLICITATION NUMBER

SPE603-20-R-0515

6. SOLICITATION ISSUE

DATE

2020 MAY 28

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE603

DLA ENERGY

BULK PETROLEUM SERVICES

8725 JOHN J. KINGMAN ROAD

FORT BELVOIR VA 22060

USA

Local Admin: Rhoji Fernandez DRF0027 Tel: 571-767-8555 Email: Rhoji.Fernandez@dla.mil

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

NAICS: 562910

SIZE STANDARD:750 Employees

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

Net 30 days

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE SPE603

SEE BLOCK 9

Criticality: PAS : None

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

SPE6031QWK9

Source Group, Inc., The DBA SGI Environmental 3478 Buskirk Ave Ste 100

PLEASANT HILL CA 94523-7311

USA

TELEPHONE NO. 5625971055

18a. PAYMENT WILL BE MADE BY CODE SL4701

DEF FIN AND ACCOUNTING SVC

BSM

P O BOX 182317

COLUMBUS OH 43218-2317

USA

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

OFFER

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

BELOW IS CHECKED.

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

$21,032,539.79

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

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

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

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

Clare Sanchez Clare.Sanchez@dla.mil

31c. DATE SIGNED

2020 SEP 29

0000-00-00

SEE SCHEDULE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

STANDARD FORM 1449 (REV.

Prescribed by GSA - FAR (48 CFR) 53.212

SEE ADDENDUM

See Schedule

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH ,

HEREIN IS ACCEPTED AS TO ITEMS:

EDWOSB

SANCHEZ.CLARE.ELIZABETH.13986413

Digitally signed by

SANCHEZ.CLARE.ELIZABETH.1398641317

Date: 2020.09.29 12:58:45 -04'00'

CLARE SANCHEZ 29 Sep 2020

SPE603-20-D-5008

CONTENTS

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS 5

B35 SERVICES TO BE FURNISHED AND PRICES (ENVIRONMENTAL) (DLA ENERGY MAR 2009) 5

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK 8

C05 CHANGES TO KEY PERSONNEL (OCT 2016) 8

SECTION D - PACKAGING AND MARKETING 9

NO CONTENT 9

SECTION E – INSPECTION AND ACCEPTANCE 9

NO CONTENT 9

SECTION F – DELIVERIES OR PERFORMANCE 9

F-0001 F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014) 9

SECTION G – CONTRACT ADMINISTRATION DATA 10

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DECEMBER 2018)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DECEMBER 2018) 11

G-0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998) 13

G-0002 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA ENERGY JAN 2017) 14

SECTION H – SPECIAL CONTRACT REQUIREMENTS 14

H-0001 H9.01 TECHNICAL DIRECTION (DLA ENERGY FEB 1992) 15

SECTION I – CONTRACT CLAUSES 15

PART 1 - THE PROVISIONS AND CLAUSES ARE INCORPORATED BY REFERENCE. SEE FAR 52.252-2 CLAUSES

INCORPORATED BY REFERENCE (FEB 1998). 15

52.203-3 GRATUITIES (APR 1984) 15

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) 15

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) 15

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENTANCE (AUG 2020) 15

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) 15

52.208-8 REQUIRED SOURCES FOR HELIUM AND HELIUM USAGE DATA (AUG 2018) 15

52.209-10 PROHBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS DEVELOPMENT (NOV 2015) 15 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION

CONTRACTS (SEP 2013) 15

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION & MATERIAL SAFETY DATA (JAN 1997) 15

52.223-5 POLLUTION PREVENTION & RIGHT-TO-KNOW INFORMATION (MAY 2011) AND ALTERNATE 1 (MAY 2011)

52.223-10 WASTE REDUCTION PROGRAM (MAY 2011) 15

52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) 16

52.232-11 EXTRAS (APR 1984) 16

52.232-39 UNEFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) 16

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) 16

52.233-3 PROTEST AFTER AWARD (AUG 1996) 16

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) 16

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984) 16

52.237-3 CONTINUITY OF SERVICES (JAN 1991) 16

52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN 2017) 16

52.242-13 BANKRUPTCY (JUL 1995) 16

52.245-1 GOVERNMENT PROPERTY (JAN 2017) 16

52.245-9 USE AND CHARGES (APR 2012) 16

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) 16

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) 16 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) 16

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019) 16

252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016) 16

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) 16

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (MAY 2016) 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC 1991) 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 (MAY 2019) 16

252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (AUG 2012) 16

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS)—BASIC (DEC 2019) 16 252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR HAZARDOUS MATERIALS—

BASIC (SEP 2014) 16

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) 16

252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR PERSONNEL (JUN 2013) 16

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) 17

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012) 17

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013) 17

252.245-7001 TAGGING, LABELING, AND MARKING OF GOVERNMENT-FURNISHED PROPERTY (APR 2012) 17

252.245-7003 CONTRACTOR PROPERTY MANAGEMENT SYSTEM ADMINISTRATION (APR 2012) 17

252.245-7004 REPORTING, REUTILIZATION, AND DISPOSAL (DEC 2017) 17

PART 2 - THE PROVISIONS AND CLAUSES ARE INCORPORATED IN FULL TEXT 17

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE

SERVICES OR EQUIPMENT (AUG 2020) 17

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018) ALTERNATE 1 (JAN 2017) 19

ADDENDUM 1 TO 52.212-4 30

52.243-1 CHANGES – FIXED-PRICE (AUG 1987) W/ALTERNATE II (APR 1984) 30

ADDENDUM 2 TO 52.212-4 31

52.215-8 ORDER OF PRECEDENCE – UNIFORM CONTRACT (OCT 1997) 31

ADDENDUM 3 TO 52.212-4 31

52.242-15 STOP-WORK ORDER (AUG 1989) 31

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS –

COMMERCIAL ITEMS (MAR 2020) 32

52.216-19 ORDER LIMITATIONS (OCT 1995) 38

52.216-22 INDEFINITE QUANTITY (OCT 1995) 38

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) 39

52.219-14 LIMITATIONS ON SUBCONTRACTING (MAR 2020) (CLASS DEVIATION 2020-O0008) 39 (End of clause) 40

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 40

252.204-7004 Level I Antiterrorism Awareness Training for Contractors (FEB 2019) 40

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEC 2019) 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR

SERVICES (DEC 2019) 46

252.216-7006 ORDERING (SEP 2019) 48

I-0001 I11.01-2 ADMINISTRATIVE COST OF TERMINATION FOR CAUSE – COMMERCIAL ITEMS (DLA ENERGY FEB 1996) 49 I-0002 I385 NOTIFICATION OF CONTRACTING OFFICER IN THE EVENT OF DISCOVERY OF EVIDENCE OF FRAUD

UNDER THE CONTRACT (DLA ENERGY JUL 2008) 49

I-0003 I605.01 DISCLOSURE OF INFORMATION (DLA ENERGY JAN 2012) 49

SECTION J – LIST OF ATTACHMENTS 50

ATTACHMENT 1 – CALIFORNIA PWS 50

ATTACHMENT 2 – PWS APP E - NORWALK FSA PWS dated 09-11-2020 50

ATTACHMENT 3 – NORWALK PRICE LIST 50

ATTACHMENT 4 – SCA WD 2015-5614 NORWALK 50

ATTACHMENT 5 – CA ENV SERVICES QASP 50

ATTACHMENT 6 – PWS APP D - PROCEDURES 50

ATTACHMENT 7 – DLA ENERGY 19.3 50

ATTACHMENT 8 – NORWALK GFE INVENTORY 50

SECTION B – SUPPLIES/SERVICES AND PRICES/COSTS

B35 SERVICES TO BE FURNISHED AND PRICES (ENVIRONMENTAL) (DLA ENERGY

MAR 2009)

A. SERVICES TO BE FURNISHED DURING THE PERIOD SPECIFIED IN PARAGRAPH B.:

Non-personal services to perform, in accordance with Attachment 1, Performance Work Statement (PWS), to include the following: provide remediation, compliance and facility maintenance services at Defense Fuel Support Point (DFSP) Norwalk in California. The Government anticipates that the Contractor for the Facility will perform the following: Project Management; Environmental Remediation Systems Operation and Maintenance (O&M) at the Site; Monitoring and Reporting of Site Environmental Conditions; Data Management;

Emergency Response Event Evaluation; Environmental Compliance Support; and Environmental Facility Maintenance Activities.

B. COMPETITION SET-ASIDES:

DFSP Norwalk – Full & open competition (unrestricted)

C. CONTRACT CLIN STRUCTURE AND DESCRIPTION:

CLIN Contract Material Description

Service Material #

EBS Service Material Description

EBS

QUANTITY

UNIT EBS UNIT

PRICE

EBS TOTAL

PRICE

(QUANTITY X

UNIT PRICE)

0001 Restoration Program & Management Requirements

V20000440 Project Planning and Management

8,853,893.15 EA $1.00 $8,853,893.15

0002 Compliance Program & Management Requirements

V20000440 Project Planning and Management

665,053.56 EA $1.00 $665,053.56

0003 Facility Management Program & Management

V20000440 Project Planning and Management

716,777.26 EA $1.00 $716,777.26

0004 Extraordinary Restoration Requirements

V20000440 Project Planning and Management

5,716,720.69 EA $1.00 $5,716,720.69

0005 Extraordinary Compliance Requirements

V20000440 Project Planning and Management

3,239,475.06 EA $1.00 $3,239,475.06

0006 Extraordinary Facility Management Requirements

V20000440 Project Planning and Management

571,672.07 EA $1.00 $571,672.07

0007 Utilities V20000063 Utilities 1,268,946.00 EA $1.00 $1,268,946.00

CLINS 0001-0003 are associated with specific tasks and associated deliverables identified in the PWS and Facility Specific Appendix (FSA). The contractor’s Firm-Fixed-Prices shall be reflective of all labor, materials, and other costs associated with performance of the tasks and completion of deliverables. Activities under CLINS 0001-0003 form the basis of the guaranteed minimum quantity of services required by FAR 16.504(b)(1); mimimums are established below in paragraph E of this section.

CLINS 0004-0006 are associated with specific PWS sections identified below, and may be ordered on a Firm-Fixed-Price basis if required during the performance period using the procedures described at PWS Section 6.1. Unit prices established for the tasks in Attachment 3 are not an exhaustive list of all work that may be required. The deliverables and estimated quantities provided in the Price Proposal Worksheet (PPW) reference item list are based on historical ordering data. During contract performance, the reference item list contained in the PPW will be used for evaluating task order proposals. If the contractor cannot adequately respond to the Task Order request for proposal (RFP) using the PPW’s reference item list, the contractor shall contact the Contracting Officer IAW PWS Section 6.1.

CLIN 0007 is a Time & Materials (T&M) CLIN for limited utilities (see below for additional detail).

CLIN 0001 – Restoration Program & Management Requirements are described in PWS Section

1.3.1. Restoration. CLIN 0001 contains work from PWS Section 4.1 and 4.2. CLIN 0001 includes reference items from the following attachments:

1. Attachment 3 – Norwalk Price List, reference items 001-018 and 022-222

CLIN 0002 – Compliance Program & Management Requirements are described in PWS Section

1.3.2. Compliance. CLIN 0002 contains work from PWS Section 4.1 and 4.3. CLIN 0002 includes reference items from the following attachments:

1. Attachment 3 – Norwalk Price List, reference items 019-020 and 022-222

CLIN 0003 – Facility Management Program & Management Requirements are described in PWS Section 1.3.3. Facility Maintenance. CLIN 0003 contains work from PWS Section 4.1 and 4.4.

CLIN 0003 includes reference items the following attachments:

1. Attachment 3 – Norwalk Price List, reference items 021-222

CLIN 0004 – Extraordinary Restoration Requirements contains work from PWS Section 4.1 and

4.2. See PWS Section 3.3. CLIN 0004 includes reference items from the following attachments:

1. Attachment 3 – Norwalk Price List, reference items 022-222

CLIN 0005 - Extraordinary Compliance Requirements contains work from PWS Section 4.1 and

4.3. See PWS Section 3.3. CLIN 0005 includes reference items from the following attachments:

1. Attachment 3 – Norwalk Price List, reference items 022-222

CLIN 0006 - Extraordinary Facility Management Requirements contains work from PWS Section 4.1 and 4.4.; See PWS Section 3.3. CLIN 0006 includes reference items from the following attachments:

1. Attachment 3 – Norwalk Price List, reference items 022-222

CLIN 0007 is the only Time & Materials (T&M) CLIN. The contractor may only charge the government the actual cost for the associated remediation services listed in the PWS Section 4.1.4.

D. CLIN 0007 (T&M) CEILING PRICE (48 Month Period of Performance and 6 Month Extension

Option):

DFSP Norwalk - $1,903,419 Total

E. MINIMUM QUANTITY OF SERVICES THE GOVERNMENT WILL ORDER AND THE

CONTRACTOR MUST FURNISH:

DFSP Norwalk Minimum Quantity of Services

DFSP NORWALK

PPW REFERENCE ITEM

DFSP NORWALK ITEM

DESCRIPTION QUANTITY UNIT

Draft Project Management Plan – See Norwalk FSA Section 4.1.1 1 EA

Final Project Management Plan - See Norwalk FSA Section 4.1.1 1 EA

Kickoff Meeting Minutes – See Norwalk FSA Section 4.1.2.1 1 EA

Quarterly Project Management Review Meeting Minutes – See Norwalk FSA Section 4.1.2.2 1 EA

Regulatory Agency Meeting Minutes - See Norwalk FSA Section 4.1.2.3 8 EA

RAB Meeting Minutes - See Norwalk FSA Section 4.1.2.4 2 EA

Contract Closure Meeting - See Norwalk FSA Section 4.1.2.5 1 EA

Monthly Utility Invoicing Summary - See Norwalk FSA Section 4.1.4 12 EA

DFSP Norwalk Remedial Systems Quarterly Status Report – See Norwalk FSA Section 4.2.2.1 4 EA

El Toro Pipeline Release Site LNAPL Gauging, Recovery and Disposal Quarterly Report - See Norwalk FSA Section 4.2.2.2 4 EA

El Toro Pipeline Release Site Remediation System Quarterly Status Report - See Norwalk FSA Section

4.2.2.3 4 EA

DFSP Norwalk Semi-Annual Groundwater Monitoring Data Summary Report - See Norwalk FSA Section

4.2.3.1 1 EA

DFSP Norwalk Semi-Annual Groundwater Monitoring Report - See Norwalk FSA Section 4.2.3.1 1 EA

El Toro Pipeline Release Site Quarterly Groundwater Monitoring Report for 20 Wells - See Norwalk FSA Section 4.2.3.2 1 EA

El Toro Pipeline Release Site Quarterly Groundwater Monitoring Report for 39 Wells - See Norwalk FSA Section 4.2.3.2 4 EA

Facility Compliance Quarterly Summary Report - See Norwalk FSA Section 4.3 4 EA

Facility Maintenance Monthly Summary Report - See Norwalk FSA Section 4.4 12 EA

F. CONTRACT PERIOD OF PERFORMANCE (All CLINS):

Base Period: November 1, 2020 – October 31, 2024 Option Period: November 1, 2024 – April 30, 2025

G. UNIT PRICES (YEARLY ESTIMATED QUANTITIES):

The contractor shall use Attachment 3 for offered prices.

H. MAXIMUM QUANTITY OF SERVICES THE GOVERNMENT MAY ORDER:

Eight (8) multiplied by the estimated base period quantities in paragraph G of this Schedule. The base period quantities are the yearly estimated quantities multiplied by four (4).

I. CONTRACT TYPE:

A four-year, indefinite-delivery indefinite-quantity (IDIQ), Firm Fixed Price (FFP) contract is awarded for DFSP Norwalk. Task Orders issued under CLINs 0001 – 0007 may be issued as needed in accordance with FAR 52.216-19 and FAR 52.216-22.

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

The Performance Work Statement is hereby incorporated by reference as if fully set forth herein. See Attachments 1-2.

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 contractor 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 contractor whether the requested change is acceptable to the Government.

SECTION D - PACKAGING AND MARKETING

NO CONTENT

SECTION E – INSPECTION AND ACCEPTANCE

NO CONTENT

SECTION F – DELIVERIES OR PERFORMANCE

For a listing of required deliverables, please see section B of the solicitation, the PWS, and the Facility Specific Appendix to the PWS.

F-0001 F1.11 DLA INTERNET BID BOARD SYSTEM (DIBBS) (DLA ENERGY) (APR 2014)

THIS PROVISION ONLY APPLIES TO DLA FUNDED LINE ITEMS.

(a) Contractor Registration. Contractors must register in DIBBS to obtain a login account at https://www.dibbs.bsm.dla.mil. The login account will allow a contractor to register a primary and alternate email address for notifications. Contractors are strongly encouraged to establish a group email address for the primary email address for the contractor’s authorized point of contacts. The registered email addresses will be the only email used by the government to make notifications.

(b) All contractors must have an active System for Award Management (SAM) account, https://www.sam.gov in order to register for DIBBS.

(c) The Contractor shall use DIBBS to receive orders. DLA Energy will not be using DIBBS receipt of quotes capability. All quotations, proposals, bids shall be submitted in accordance with the terms and conditions of the solicitation.

(d) Preparation and Transmission of Orders

(1) The Government may issue an order for a specific delivery or a series of deliveries (e.g., several deliveries during a week). The Government may also elect to issue an order covering a longer period (including monthly orders) and make periodic calls against these orders designating specific delivery dates, times, and quantities.

(2) Only a DLA Energy warranted Contracting Officer can issue an order, either orally or in writing, against a contract. An oral order issued by the warranted Contracting Officer shall provide the required advance notice to the Contractor and the following information: Interim order number; contract number; item number; ceiling price; quantity; delivery location; and the required delivery and/ or service date.

(i) For all product orders, the Contractor will receive an electronically signed written order via DIBBS, within 24 hours or one business day after the warranted Contracting Officer issues an oral order.

(ii) For all service orders, the Contractor will receive an electronically signed written order via DIBBS, within five business days after issuing the oral order.

(iii) Interim order number is subject to change once the electronically signed written order is received by the contractor. The order number on the written order will take precedence over the interim order number, if different.

(iv) Regardless of the unit price cited on the written order, the office designated to make payments on the written order will pay the applicable unit price in effect under the terms and conditions of the contract.

(v) Once the order has been issued, an email will be sent to the Contractor to provide notice that the order is available on the contract-specific web page. The order will also be submitted to the payment office.

(3) Calls against previously issued orders must be confirmed in writing within 24 hours or one business day via email message. The email confirmation will reference the previously issued order number and item number and designate specific delivery location, dates, and quantity to be delivered against that order.

(4) The Contractor’s nonreceipt of a written or electronic confirmation of an oral order or oral call against a written or electronic order does not relieve the Contractor from its obligation to perform in accordance with the oral order or oral call against a written or electronic order. The Contractor should contact the DLA Energy Contracting Officer if problems are experienced with receipt of the electronic or written confirmation.

SECTION G – CONTRACT ADMINISTRATION DATA

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING

REPORTS (DECEMBER 2018)

(a) Definitions. As used in this clause—

“Contract financing payment” means an authorized Government disbursement of monies to a contractor prior to acceptance of supplies or services by the Government.

(1) Contract financing payments include—

(i) Advance payments;

(ii) Performance-based payments;

(iii) Commercial advance and interim payments;

(iv) Progress payments based on cost under the clause at Federal Acquisition Regulation (FAR) 52.232-16, Progress Payments;

(v) Progress payments based on a percentage or stage of completion (see FAR 32.102(e)), except those made under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at FAR 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and

(vi) Interim payments under a cost reimbursement contract, except for a cost reimbursement contract for services when Alternate I of the clause at FAR 52.232-25, Prompt Payment, is used.

(2) Contract financing payments do not include—

(i) Invoice payments;

(ii) Payments for partial deliveries; or

(iii) Lease and rental payments.

“Electronic form” means any automated system that transmits information electronically from the initiating system to affected systems.

“Invoice payment” means a Government disbursement of monies to a contractor under a contract or other authorization for supplies or services accepted by the Government.

(1) Invoice payments include—

(i) Payments for partial deliveries that have been accepted by the Government;

(ii) Final cost or fee payments where amounts owed have been settled between the Government and the contractor;

(iii) For purposes of subpart 32.9 only, all payments made under the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, and the clause at 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and

(iv) Interim payments under a cost-reimbursement contract for services when Alternate I of the clause at 52.232-25, Prompt Payment, is used.

(2) Invoice payments do not include contract financing payments.

“Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract or task or delivery order.

“Receiving report” means the data prepared in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense Federal Acquisition Regulation Supplement.

(b) Except as provided in paragraph (d) of this clause, the Contractor shall submit payment requests and receiving reports in electronic form using Wide Area WorkFlow (WAWF). The Contractor shall prepare and furnish to the Government a receiving report at the time of each delivery of supplies or services under this contract or task or delivery order.

(c) Submit payment requests and receiving reports to WAWF in one of the following electronic formats:

(1) Electronic Data Interchange.

(2) Secure File Transfer Protocol.

(3) Direct input through the WAWF website.

(d) The Contractor may submit a payment request and receiving report using methods other than WAWF only when—

(1) The Contractor has requested permission in writing to do so, and the Contracting Officer has provided instructions for a temporary alternative method of submission of payment requests and receiving reports in the contract administration data section of this contract or task or delivery order;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment on a contract or task or delivery order for rendered health care services using the TRICARE Encounter Data System; or

(4) The Governmentwide commercial purchase card is used as the method of payment, in which case submission of only the receiving report in WAWF is required.

(e) Information regarding WAWF is available at https://wawf.eb.mil/.

(f) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DECEMBER 2018)

(a) Definitions. As used in this clause— https://wawf.eb.mil/

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF.

Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

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

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

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

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

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer. Invoice 2in1

(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 item financing, submit a commercial item financing request.

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

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

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

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 https://www.sam.gov/

Routing Data Table*

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

(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.

Rhoji Fernandez, Contract Specialist at Rhoji.Fernandez@DLA.mil 703-362-2491 (Contracting Officer: Insert applicable information or “Not applicable.”)

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

Email: DLAWAWF@DLA.mil (Contracting Officer: Insert applicable information or “Not applicable.”)

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

G-0001 G3 INVOICE NUMBERING REQUIREMENTS (DLA ENERGY AUG 1998)

Each invoice submitted for payment under this contract shall be identified by an individual invoice number. The number shall not be duplicated on subsequent invoices. Duplicate invoice numbers or invoices that do not include numbers may be rejected.

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC SL4701 Issue By DoDAAC SPE603 Admin DoDAAC SPE603 Inspect By DoDAAC DoDAAC: SPE603;

Extension: ENVR Ship To Code Not applicable Ship From Code Not applicable Mark For Code Not applicable Service Approver (DoDAAC) Not applicable Service Acceptor (DoDAAC) DoDAAC: SPE603;

Extension: ENVR Accept at Other DoDAAC Not applicable LPO DoDAAC Not applicable DCAA Auditor DoDAAC Not applicable Other DoDAAC(s) Not applicable mailto:Rhoji.Fernandez@DLA.mil

G-0002 G9.06 ADDRESS TO WHICH REMITTANCE SHOULD BE MAILED (DLA

ENERGY JAN 2017)

Remittances shall be mailed only at the Government’s option or where an exception to payment by Electronic Funds Transfer (EFT) applies. (See the PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT or the PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN SYSTEM FOR AWARD MANAGEMENT clause.)

Offeror shall indicate below the complete mailing address (including the nine-digit zip code) to which remittances should be mailed if such address is other than that shown in Block 15a (Standard Form (SF)

33) for noncommercial items or Block 17a (SF 1449) for commercial items. In addition, if offeror did not incorporate its nine-digit zip code in the address shown in Block 15a of the SF 33 or in Block 17a of the SF 1449, the offeror shall enter it below:

(a) Payee Name (Contractor):

| T | H | E | | S |O |U |R |C |E | |G |R |O |U |P | I | N | C |/ | A | P |E |X | | | | | |

(DO NOT EXCEED 25 CHARACTERS)

(b) Check Remittance Address:

| P | O | | B | O | X | | 6 | 9 | 1 | 4 | 2 | | | | | | | | | | | | | | | | |

| B | A | L | T | I |M | O | R | E | | | | | | | | | | | | | | | | | | | |

| 2 | 1 | 2 | 6 | 4 | 9 | 1 | 4 | 2 | | | | | | | | | | | | | | | | | | | | |

(DO NOT EXCEED 30 CHARACTERS PER LINE)

(c) Narrative Information (special instructions).

(DO NOT EXCEED 153 CHARACTERS)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H-0001 H9.01 TECHNICAL DIRECTION (DLA ENERGY FEB 1992)

(a) A DLA Energy representative other than the Contracting Officer (CO) may provide technical direction on contract performance. Technical direction includes--

(1) Direction to the Contractor which assists him in accomplishing the Statement of Work;

and

(2) Comments on and approval of reports or other deliverables.

(b) When the individual providing technical direction is not the CO, he does not have the authority to issue technical direction that--

(1) Institutes additional work outside the scope of the contract;

(2) Constitutes a change as defined in the CHANGES clause;

(3) Causes an increase or decrease in the estimated cost of the contract;

(4) Alters the period of performance; or

(5) Changes any of the other express terms or conditions of the contract.

(c) A Contractor following such unauthorized direction may be found in breach of contract and may not be reimbursed for increased costs resulting therefrom. Only a CO may authorize changes to the contract Statement of Work.

SECTION I – CONTRACT CLAUSES

PART 1 - THE PROVISIONS AND CLAUSES ARE INCORPORATED BY REFERENCE. SEE

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

52.203-3 GRATUITIES (APR 1984)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENTANCE (AUG 2020)

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

2014)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

52.208-8 REQUIRED SOURCES FOR HELIUM AND HELIUM USAGE DATA (AUG 2018)

52.209-10 PROHBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS

DEVELOPMENT (NOV 2015)

52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND

CONSTRUCTION CONTRACTS (SEP 2013)

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION & MATERIAL SAFETY DATA (JAN 1997)

52.223-5 POLLUTION PREVENTION & RIGHT-TO-KNOW INFORMATION (MAY 2011) AND ALTERNATE

1 (MAY 2011)

52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)

52.223-19 COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS (MAY 2011)

52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

52.232-11 EXTRAS (APR 1984)

52.232-39 UNEFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

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

2013)

52.233-3 PROTEST AFTER AWARD (AUG 1996)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)

52.237-3 CONTINUITY OF SERVICES (JAN 1991)

52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN 2017)

52.242-13 BANKRUPTCY (JUL 1995)

52.245-1 GOVERNMENT PROPERTY (JAN 2017)

52.245-9 USE AND CHARGES (APR 2012)

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

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011)

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

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019)

252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)

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

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT

(MAY 2016)

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

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)

252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (AUG 2012)

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS)—BASIC (DEC 2019)

252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR HAZARDOUS

MATERIALS—BASIC (SEP 2014)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR PERSONNEL (JUN 2013)

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)

252.245-7001 TAGGING, LABELING, AND MARKING OF GOVERNMENT-FURNISHED PROPERTY (APR 2012)

252.245-7003 CONTRACTOR PROPERTY MANAGEMENT SYSTEM ADMINISTRATION (APR 2012)

252.245-7004 REPORTING, REUTILIZATION, AND DISPOSAL (DEC 2017)

PART 2 - THE PROVISIONS AND CLAUSES ARE INCORPORATED IN FULL TEXT

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

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

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

Covered telecommunications equipment or services means–

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

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

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

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

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a https://www.acquisition.gov/far/part-4#FAR_4_2104 https://www.acquisition.gov/far/part-4#FAR_4_2104 substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil.

For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known);

supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description;

and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause:

any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018)

ALTERNATE 1 (JAN 2017)

(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. See Addendum 1.

(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 FAR https://dibnet.dod.mil/ https://dibnet.dod.mil/

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.

(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…