SF33_SPE8E826R0005.PDF.pdf
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- Industrial Fluid Cooler
- Solicitation number
- 4420012812470
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Solicitation Summary: RFP SPE8E8-26-R-0005
This Request for Proposal (RFP) is for an Indefinite Quantity Contract (IQC) to supply a Core Assembly, Fluid Cooler (NSN 4420-01-281-2470) to DLA Troop Support. The contract will be fixed-price with Economic Price Adjustment (EPA) provisions, featuring a two-year base term followed by three optional one-year extension periods, with a total contract maximum value of $8,491,698.53. The Government guarantees a minimum purchase of $234,000 during the two-year base period ($117,000 annually), with each option period also guaranteed at $117,000 minimum. The annual estimated quantity is 10 units per National Stock Number.
Sealed offers in original and one copy must be submitted by 3:00 PM local time on June 8, 2026, to DLA Troop Support in Philadelphia, Pennsylvania. All pricing must be submitted on an FOB Origin basis with delivery required within 400 days after contract award. The Government will conduct inspection and acceptance at destination. Price evaluation will include reasonableness certification per FAR 15.403(b)(3), and offerors must provide warranty terms at least equivalent to those offered to the general public. Large business concerns must submit a Small Business Subcontracting Plan. Offerors must be capable of electronically accessing delivery orders and submitting invoices through WAWF prior to award. The solicitation incorporates numerous FAR and DFARS clauses addressing cybersecurity requirements (NIST SP 800-171, CMMC Level 1), procurement restrictions (Xinjiang, Russian operations, telecommunications equipment), domestic sourcing mandates, and standard contract administration requirements. All proposals must be submitted electronically to jabari.martin@dla.mil.
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10. FOR
INFORMATION
CALL:
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
RATING
2. CONTRACT No.
SPE8E8-26-R-0005
3. SOLICITATION No. 4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)X
2026 MAY 07
5. DATE ISSUED
1000217862
6. REQUISITION/PURCHASE No.
7. ISSUED BY 8. ADDRESS OFFER TO
NOTE : In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in local time
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.
11. TABLE OF CONTENTS
DESCRIPTION
25. PAYMENT WILL BE MADE BY
CODE
SOLICITATION
until (Hour) (Date)
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION NOT USABLE
STANDARD FORM 33 (Rev.9-97) Prescribed by GSA FAR (48 CFR) 53.214 (c)
OFFER (Must be fully completed by offeror ) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
AWARD (To be completed by Government)
16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER
(Type or print)
14. ACKNOWLEDGMENT OF AMEND-
MENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):
12. In compliance with the above, the undersigned agrees, if this offer is accepted within period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
CONTRACT ADMINISTRATION DATA L INSTRS., CONDS., AND NOTICES TO OFFERORS
SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
(X) PAGE(S) SEC. DESCRIPTION PAGE(S)
SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
I CONTRACT CLAUSESSOLICITATION/CONTRACT FORM
DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS
DELIVERIES OR PERFORMANCE
K REPRESENTATIONS, CERTIFICATIONS AND OTHER
STATEMENTS OF OFFERORS
AMENDMENT NO. DATEAMENDMENT NO. DATE
G
H
SEC.
B
A
C
E
D
F
(X)
FACILITY
CODE
15C. CHECK IF REMITTANCE ADDRESS IS
DIFFERENT FROM ABOVE - ENTER SUCH
ADDRESS IN SCHEDULE
17. SIGNATURE
19. ACCEPTED AS TO ITEMS NUMBERED
23. SUBMIT INVOICES TO ADDRESS SHOWN IN22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
24. ADMINISTERED BY (If other than item 7) CODE CODE
27. UNITED STATES OF AMERICA
(Signature of Contracting Officer )
26. NAME OF CONTRACTING OFFICER (Type or print) calendar days (60 calendar days unless a different
15A. NAME AND
ADDRESS
OF OFFER-
OR
10 U.S.C. 2304 (c) ( 41 U.S.C. 253 (c) () )
DLA TROOP SUPPORT
CONSTRUCTION & EQUIPMENT (LGTNG II)
700 ROBBINS AVENUE
PHILADELPHIA PA 19111-5096
USA
See Continuation Sheet
Not Applicable 3:00PM 2026-Jun-08
HANNAH RAGEL DHR0030
A. NAME
Phone: 6109525518
FAX:
B. PHONE/FAX (NO COLLECT CALLS)
HANNAH.Q.RAGEL@DLA.MIL
C. EMAIL ADDRESS
X 1
X 2
X 6
X 6
X 6
X 7
X 8
X 8
X 29
X 35
X 39
15B. TELEPHONE NUMBER 18. OFFER DATE
28. AWARD DATE
20. AMOUNT
10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) CALENDAR DAYS (%)30 CALENDAR DAYS (%)
21. ACCOUNTING AND APPROPRIATION
ITEM
SPE8E8
EXT.NUMBERAREA CODE
(4 copies unless otherwise specified)
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
CONTINUED ON NEXT PAGE
PAGE 2 OF 39 PAGES
SPE8E8-26-R-0005
CAUTION NOTICE
IT IS THE RESPONSIBILITY OF ALL THOSE SUBMITTING OFFERS IN REPLY TO THIS REQUEST FOR PROPOSAL (RFP), TO READ, UNDERSTAND AND COMPLY WITH THE TERMS, CONDITIONS AND RESTRICTIONS OF THIS REQUEST FOR QUOTE.
1.THIS REQUEST FOR PROPOSAL (RFP) IS BEING ISSUED WITH THE INTENTION OF AWARDING AN INDEFINITE QUANTITY CONTRACT (IQC), THE RESULTANT CONTRACT WILL BE FIXED PRICE, WITH AN ECONOMIC PRICE ADJUSTMENT (EPA) WITH A BASE TERM OF TWO YEARS, WITH THREE, ONE YEAR OPTION TERMS. AT THE EXPIRATION OF THE BASE TERM, AN OPTION IN THE CONTRACT MAY BE EXERCISED UNILATERALLY BY THE GOVERNMENT TO EXTEND THE CONTRACT UP TO THREE (3) ADDITIONAL ONE-YEAR PERIODS BY WRITTEN NOTICE TO THE CONTRACTOR NO LATER THAN 3 DAYS PRIOR TO CONTRACT EXPIRATION. IN THE EVENT THAT THE OPTION IS NOT EXERCISED 3 DAYS PRIOR TO EXPIRATION A BILATERAL MODIFICATION CAN BE ISSUED EXERCISING THE OPTION, UP TO THE FINAL DAY
OF EXPIRATION OF THE CONTRACT.
2.OFFERS WILL BE EVALUATED BY PRICE. IT IS ANTICIPATED THAT THE BEST VALUE TO THE GOVERNMENT IS EXPECTED TO RESULT FROM THE SELECTION OF THE OFFEROR, WHOSE OFFER CONFORMS TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS SOLICITATION. PROPOSALS THAT DEVIATE FROM THE TERMS AND CONDITIONS OF THE SOLICITATION WILL BE EXCLUDED FROM
CONSIDERATION FOR AWARD.
3.PRICING FOR EACH OF THE THREE OPTION YEARS WILL BE ESTABLISHED BY ADJUSTING EACH OF THE PREVIOUS YEAR’S ITEM’S UNIT PRICES, USING AN ECONOMIC PRICE ADJUSTMENT PPI COMMODITY INDEX, IN ACCORDANCE WITH THE FORMULA AS OUTLINED IN PROCUREMENT NOTES C09 [ECONOMIC PRICE ADJUSTMENT-DEPARTMENT OF LABOR PRICE INDEX (FEB 2024)], IF AND WHEN THE OPTION
IS EXERCISED.
4.THIS CONTRACT WILL INCLUDE A GUARANTEED MINIMUM OF $117,000 PER CONTRACT YEAR. THE GOVERNMENT GUARANTEES TO PURCHASE AT LEAST $234,000 OF MATERIAL FOR THE TWO-YEAR BASE PERIOD. IF THE CONTRACTING OFFICER CHOOSES TO EXERCISE ANY OF THE OPTION PERIODS, EACH OPTION PERIOD WILL ALSO INCLUDE A GUARANTEED MINIMUM OF $117,000.00. THERE WILL BE A CONTRACT
MAXIMUM VALUE OF $8,491,698.53.
5.THE ANNUAL ESTIMATED QUANTITY FOR THIS NSN IS 10 EACH.
6.ALL PRICING MUST BE SUBMITTED ON AN FOB ORIGIN BASIS.
7.THE PLACE OF THE GOVERNMENT INSPECTION AND ACCEPTANCE WILL BE AT DESTINATION.
8.EACH OFFEROR’S PRICE PROPOSAL WILL BE EVALUATED FOR PRICE, REASONABLENESS CERTIFIED COST AND PRICING DATA WILL BE REQUIRED PER FAR 15.403 (B) (3); HOWEVER, THE CONTRACTING OFFICER MAY REQUIRE SUPPORTING PRICE DATA, SUCH AS COPIES OF
COMMERCIAL CATALOGS OR SUBSTANTIATION OF ESTABLISHED MARKET PRICING.
9.IN ACCORDANCE TO FAR 12.404 (B) EXPRESS WARRANTIES OFFERORS ARE REQUIRED TO OFFER THE GOVERNMENT AT LEAST THE SAME WARRANTY TERMS, INCLUDING OFFERS OF EXTENDED WARRANTY TERMS, INCLUDING OFFERS OF EXTENDED WARRANTIES, OFFERED TO THE
GENERAL PUBLIC IN CUSTOMARY COMMERCIAL PRACTICES.
10.THE SOLICITATION WILL BE ISSUED UNDER THE AUTHORITY OF FAR PART 15 CONTRACTING BY NEGOTIATION.
11.LARGE BUSINESS CONCERNS MUST SUBMIT A SMALL BUSINESS SUBCONTRACTING PLAN ALONG WITH THEIR PROPOSAL.
12.IN ORDER TO BE ELIGIBLE FOR CONTRACT AWARD, OFFERORS MUST BE DETERMINED TO BE “RESPONSIBLE” IN ACCORDANCE WITH FAR
SUBPART 9.1 RESPONSIBLE PROSPECTIVE CONTRACTORS.
13.THE PROVISIONS IN THE EPA [SEE PROCUREMENT NOTE C09 ECONOMIC PRICE ADJUSTMENT-DEPARTMENT OF LABOR PRICE INDEX (FEB 2024) ON PAGE 7] PROVIDE FOR ADJUSTMENTS OF OPTION YEAR PRICING BASED ON ECONOMIC TRENDS CAPTURED BY THE PRODUCER PRICE INDEX (PCU332913332913) FOR PLUMBING, FIXTURES & TRIM MFG. THE TWO-YEAR BASE PRICE WILL NOT BE SUBJECT TO AN EPA
ADJUSTMENT.
14.ANY CONTRACTOR AWARDED A CONTRACT WILL BE REQUIRED TO RE-CERTIFY THE PRODUCT OFFERED AND COUNTRY OF MANUFACTURE, AT
THE TIME OF EACH OPTION EXERCISE.
15.THE LONG-TERM CONTRACT (LTC) WILL PROVIDE COVERAGE FOR DLA DIRECT DELIVERY FOR CONUS LOCATIONS.
16.DELIVERY ORDERS WILL BE ISSUED ELECTRONICALLY AGAINST A BASIC CONTRACT. AWARDEES MUST BE CAPABLE OF ELECTRONICALLY ACCESSING AND RECEIVING DELIVERY ORDERS PRIOR TO RECEIVING AN AWARD. AWARDEES MUST ALSO BE CAPABLE OF SUBMITTING INVOICES FOR PAYMENT ELECTRONICALLY PRIOR TO AN AWARD BEING ISSUED. PROPOSALS RECEIVED FROM OFFERORS WHO ARE NOT CAPABLE OF MANAGING THE BUSINESS OF THE CONTRACT ELECTRONICALLY, MAY BE DETERMINED TECHNICALLY UNACCEPTABLE AND MAY BE
INELIGIBLE FOR CONTRACT AWARD.
17.VARIATION IN QUANTITY OF +0,-0 WILL BE APPLICABLE FOR EACH DELIVERY ORDER.
18.PRODUCT VERIFICATION AND TESTING MAY BE INVOKED IF A NEGATIVE QUALITY TREND DEVELOPS.
19.PLEASE PROVIDE ALL OF THE REQUIRED INFORMATION REQUESTED INCLUDING THE CLAUSE FILL-IN REPLIES WHERE REQUIRED.
PLEASE SUBMIT ENTIRE SOLICITATION DOCUMENT.
20.PLEASE COMPLETE THE FOLLOWING PROVISIONS (IF APPLICABLE)
52.247-60 GUARANTEED SHIPPING CHARACTERISTICS (JAN 2017) FAR PG 6
PAGE 3 OF 39 PAGES
SPE8E8-26-R-0005
52.225-18 PLACE OF MANUFACTURE (AUG 2018) FAR PG 32
52.207-4 ECONOMIC PURCHASES QUANTITY-SUPPLIES (AUG 1987) FAR PG 30
252.209-7002 DISCLOSURE OF OWERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (DEC 2022) PG 32
252.204-7016 COVERED DEFENSE TELECOMMUMICATION EQUIPMENT OR SERVICES-REPRESENTATION (DEC 2019) DFARS PG 33
252.225-7059 PROHIBITION ON CERTAIN PROCUREMENTS FROM XINHIANG UYGHUR AUTONOMOUS REGION REPRESENTATION PG 33
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLENCE SERVICES OR EQUIPMENT (NOV 2021) FAR PG 35
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICE-REPRESENTATION (OCT 2020) FAR PG 36
21.ALL PROPOSALS MUST BE SUBMITTED VIA EMAIL TO jabari.martin@dla.mil.
END
PAGE 4 OF 39 PAGES
SPE8E8-26-R-0005
SECTION B
SUPPLIES/SERVICES: 4420-01-281-2470
ITEM DESCRIPTION:
RC001: DOCUMENTATION REQUIREMENTS FOR SOURCE APPROVAL REQUEST (SAR)
CORE ASSEMBLY, FLUID COOLER
RA001: THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS
(IDENTIFIED BY AN 'R' OR AN 'I' NUMBER) SET FORTH IN FULL TEXT IN THE
DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE WEB
AT:
http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx
FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE
SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE
ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE
APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-ON
REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.
RP001: DLA PACKAGING REQUIREMENTS FOR PROCUREMENT
RQ011: REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED SUPPLIES
ADEQUATE DATA FOR EVALUATION OF ALTERNATE
OFFERS IS NOT AVAILABLE AT THE PROCUREMENT
AGENCY. THE OFFEROR MUST PROVIDE A COMPLETE
DATA PACKAGE INCLUDING DATA FOR THE APPROVED AND
ALTERNATE PART FOR EVALUATION.
DLA TROOP SUPPORT DOES NOT CURRENTLY HAVE AN APPROVED
TECHNICAL DATA PACKAGE AVAILABLE FOR THIS NSN.
PLEASE DO NOT SUBMIT REQUEST TO DLA TROOP SUPPORT TECHNICAL DATA SUPPORT
TEAM.
ADEQUATE DATA FOR THE EVALUATION OF ALTERNATE
OFFERS IS NOT AVAILABLE AT THE PROCUREMENT
AGENCY.THE OFFEROR MUST PROVIDE A COMPLETE
DATA PACKAGE INCLUDING DATA FOR THE APPROVED
AND ALTERNATE PART FOR EVALUATION.
CRITICAL APPLICATION ITEM
AQUA-CHEM INC. 09647 P/N 534-09630-000
AQUA-CHEM, INC. 0EXU3 P/N 534-09630-000
DLA issues this document using the DoD authorized unit of issue, please refer to the following URL to determine the corresponding ANSI X12 unit of issue.
https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.dla.mil%2FPortals%2F104%2FDocuments%2FDLMS% 2FeApplications%2FLogDataAdmin%2FUnit_of_Issue_and_Purchase_Unit.xlsx&wdOrigin=BROWSELINK
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .
0001 4420-01-281-2470 8.000 EA $ ________________ $ ________________
CORE ASSEMBLY
,FLUID
PRICING TERMS: Firm Fixed Price
QTY VARIANCE: PLUS 0% MINUS 0%
INSPECTION POINT: DESTINATION
ACCEPTANCE POINT: DESTINATION
PAGE 5 OF 39 PAGES
SPE8E8-26-R-0005
SECTION B
SUPPLY/SERVICE: 4420-01-281-2470 CONT'D
FOB: ORIGIN DELIVERY DATE: 400 DAYS ADO
PREP FOR DELIVERY:
PKGING DATA - MIL-STD-2073-1E
QUP:001 PRES MTHD:AE CLNG/DRY:1 PRESV MAT:ZZ
WRAP MAT:ZZ CUSH/DUNN MAT:AD CUSH/DUNN THKNESS:C
UNIT CONT:FU OPI:M
PACK CODE:U
MARKING SHALL BE IN ACCORDANCE WITH MIL-STD-129.
SPECIAL MARKING CODE:14 -14 Center of balance
PALLETIZATION SHALL BE IN ACCORDANCE WITH RP001: DLA PACKAGING
REQUIREMENTS FOR PROCUREMENT
CONTRACTOR SHALL PROVIDE PACKAGINGS,
BLOCKING/BRACING TO ENSURE EACH CONTAINER
IS PROVIDED PHYSICAL AND MECHANICAL
PROTECTION AGAINST DAMAGES DURING
TRANSPORT AND STORAGE.
Caution with Bracing - Size & Positioning Must be secure & support entire bundle and be center balanced. Prevent any movement or possible damage.
LABEL CREATE "Maintain in original container. Caution when unloading support load from bends"
PARCEL POST ADDRESS:
FOR TRANSPORTATION SEE DLAD DLAD PROC NOTE C19. FOR FIRST DESTINATION TRANSPORTATION SEE DLAD PROC NOTE C20 AND
CONTRACT
FREIGHT SHIPPING ADDRESS:
GOVT USE
External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date .
0001 1000217862 0001 N/A N/A N/A N/A
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 6 OF 39 PAGES
SPE8E8-26-R-0005
SECTION C - SPECIFICATIONS/SOW/SOO/ORD
C03 CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY DOCUMENTATION (JUN 2023)
C01 SUPERSEDED PART NUMBERED ITEMS (FEB 2025)
C15 FIRST DESTINATION TRANSPORTATION (FDT) PROGRAM, GOVERNMENT-ARRANGED TRANSPORTATION FOR AUTOMATED
AWARDS (AUG 2017)
C20 VENDOR SHIPMENT MODULE (VSM) (JUL 2024)
SECTION E - INSPECTION AND ACCEPTANCE
52.246-2 INSPECTION OF SUPPLIES FIXED PRICE (AUG 1996) FAR
52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984) FAR
SECTION F - DELIVERIES OR PERFORMANCE
52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR
52.242-15 STOP-WORK ORDER (AUG 1989) FAR
52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR
52.247-29 F.O.B. ORIGIN (FEB 2006) FAR
52.247-60 GUARANTEED SHIPPING CHARACTERISTICS (JAN 2017) FAR
(a) The offeror is requested to complete paragraph (a)(1) of this clause, for each part or component which is packed or packaged separately. This information will be used to determine transportation costs for evaluation purposes. If the offeror does not furnish sufficient data in paragraph (a)(1) of this clause, to permit determination by the Government of the item shipping costs, evaluation will be based on the shipping characteristics submitted by the offeror whose offer produces the highest transportation costs or in the absence thereof, by the Contracting Officer's best estimate of the actual transportation costs. If the item shipping costs, based on the actual shipping characteristics, exceed the item shipping costs used for evaluation purposes, the Contractor agrees that the contract price shall be reduced by an amount equal to the difference between the transportation costs actually incurred, and the costs which would have been incurred if the evaluated shipping characteristics had been accurate.
(1) To be completed by the offeror:
(i) Type of container: Wood Box [ ] Fiber Box [ ], Barrel [ ], Reel [ ], Drum [ ], Other (Specify) ;
(ii) Shipping configuration: Knocked-down [ ], Set-up [ ], Nested [ ], Other (specify) ;
(iii) Size of container: ” (Length), × ” (Width), × ” (Height) = Cubic Ft;
(iv) Number of items per container each;
(v) Gross weight of container and contents Lbs;
(vi) Palletized/skidded [ ] Yes [ ] No;
(vii) Number of containers per pallet/skid ;
(viii) Weight of empty pallet bottom/skid and sides Lbs;
(ix) Size of pallet/skid and contents Lbs Cube ;
(x) Number of containers or pallets/skids per railcar *
(A) Size of railcar
(B) Type of railcar
(xi) Number of containers or pallets/skids per trailer *
(A) Size of trailer Ft
(B) Type of trailer
* Number of complete units (line item) to be shipped in carrier's equipment.
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 39 PAGES
SPE8E8-26-R-0005
SECTION F - DELIVERIES OR PERFORMANCE (CONTINUED)
(2) To be completed by the Government after evaluation but before contract award:
(i) Rate used in evaluation ;
(ii) Tender/Tariff ;
(iii) Item .
(b) The guaranteed shipping characteristics requested in paragraph (a)(1) of this clause do not establish actual transportation requirements, which are specified elsewhere in this solicitation. The guaranteed shipping characteristics will be used only for the purpose of evaluating offers and establishing any liability of the successful offeror for increased transportation costs resulting from actual shipping characteristics which differ from those used for evaluation in accordance with paragraph (a) of this clause.
(End of clause)
SECTION G - CONTRACT ADMINISTRATION DATA
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (PRE-FILLED) (JAN 2023) DFARS As prescribed in 232.7004 (b), use the following clause:
(a) Definitions. As used in this clause - Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
Payment request and receiving report are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation System (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall -
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https:// wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items -
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
Invoice (stand-alone) and Receiving Report (stand-alone) or Invoice and Receiving Report (combination)
(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.
(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table *
Field Name in WAWF Data to be entered in WAWF Guidance
Pay Official DoDAAC See Block 12 (SF26), 15 (DD 1155), or 18a
(SF1449)
(If blank, see resulting award)
Issue By DoDAAC See Block 5 (SF26), 6 (DD 1155), or 9 (SF1449)
(If blank, see resulting award)
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 39 PAGES
SPE8E8-26-R-0005
SECTION G - CONTRACT ADMINISTRATION DATA (CONTINUED)
Field Name in WAWF Data to be entered in WAWF Guidance
Admin DoDAAC See Block 6 (SF26), 7 (DD 1155), or 16 (SF1449)
(If blank, see resulting award)
Inspect By DoDAAC SEE SECTION B (If blank, see resulting award)
Ship To Code SEE SECTION B (If blank, see resulting award)
Ship From Code SEE SECTION B (If blank, see resulting award)
Mark For Code SEE SECTION B (If blank, see resulting award)
Service Approver (DoDAAC)
(If blank, see resulting award)
Service Acceptor (DoDAAC)
(If blank, see resulting award)
Accept at Other DoDAAC (If blank, see resulting award)
LPO DoDAAC (If blank, see resulting award)
DCAA Auditor DoDAAC (If blank, see resulting award)
Other DoDAAC(s) (If blank, see resulting award)
(* Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”) (** Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
See administer listed on page 1
(Contracting Officer: Insert applicable information or “Not applicable.”)
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of Clause)
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H18 DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM (DPAS) RATED AWARDS (FEB 2025)
SECTION I - CONTRACT CLAUSES
52.202-1 DEFINITIONS (JUN 2020) FAR
52.203-3 GRATUITIES (APR 1984) FAR
52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014) FAR
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020) FAR
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT - ALTERNATE I (NOV 2021) FAR
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 39 PAGES
SPE8E8-26-R-0005
SECTION I - CONTRACT CLAUSES (CONTINUED)
52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020) FAR
52.203-8 CANCELLATION, RECISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) FAR
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) FAR
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020) FAR
52.203-14 DISPLAY OF HOTLINE POSTER (NOV 2021) FAR
As prescribed in 3.1004(b), insert the following clause:
(a) Definition.
“United States,” as used in this clause, means the 50 States, the District of Columbia, and outlying areas.
(b) Display of fraud hotline poster(s). Except as provided in paragraph (c).
(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites.
(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and
(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.
(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.
(3) Any required posters may be obtained as follows:
Poster(s) Obtain from
(Contracting Officer shall insert ---
(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and
(ii) The website(s) or other contact information for obtaining the poster(s).)
(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.
(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed the threshold specified in Federal Acquisition Regulation 3.1004(b)(1) on the date of subcontract award, except when the subcontract—
(1) Is for the acquisition of a commercial product or commercial service; or
(2) Is performed entirely outside the United States.
52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS OR STATEMENTS-REPRESENTATION (JAN 2017) FAR
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)
FAR
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) DFARS
252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT-RELATED FELONIES (JAN
2023) DFARS
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEC 2022) DFARS
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) FAR
52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016) FAR
52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (OCT 2016) FAR
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021) FAR
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252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS
252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (JAN 2023) DFARS
252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT
INFORMATION (JAN 2023) DFARS
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEVIATION 2024-O0013)
(MAY 2024) DFARS
(a) Definitions. As used in this clause
Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.
Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.
Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.
Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.
Covered contractor information system means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.
Covered defense information means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI)
Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is --
(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or
(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.
Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.
Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.
Malicious software means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.
Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.
Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.
Rapidly report means within 72 hours of discovery of any cyber incident.
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 11 OF 39 PAGES
Technical information means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data --Other Than Commercial Products and Commercial Services, regardless of whether or not the clause is incorporated in this solicitation or contract.
Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.
(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:
(1) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government, the following security requirements apply:
(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract.
(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.
(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:
(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations”, Revision 2 (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171).
(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.
(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.
(C) If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.
(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.
(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan.
(c) Cyber incident reporting requirement.
(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, the Contractor shall --
(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and
(ii) Rapidly report cyber incidents to DoD at https://dibnet.dod.mil.
(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at https://dibnet.dod.mil.
(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see https://public.cyber.mil/eca/.
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 12 OF 39 PAGES
(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer.
(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.
(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information equipment that is necessary to conduct a forensic analysis.
(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.
(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/ proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.
(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD --
(1) To entities with missions that may be affected by such information;
(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;
(3) To Government entities that conduct counterintelligence or law enforcement investigations;
(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or
(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.
(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph
(i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government's use and release of such information.
(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.
(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements.
(m) Subcontracts. The Contractor shall --
(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve covered defense information, including subcontracts for commercial products or commercial services, without alteration, except to identify the parties. The Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; and
(2) Require subcontractors to --
(i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and
(ii) Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable, CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 13 OF 39 PAGES
SPE8E8-26-R-0005
when reporting a cyber incident to DoD as required in paragraph (c) of this clause.
252.204-7014 LIMITATIONS ON THE USE OR DISCLOSURE OF INFORMATION BY LITIGATION SUPPORT CONTRACTORS (JAN
2023) DFARS
252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (JUN 2023) DFARS
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, PROPOSED FOR DEBARMENT, OR VOLUNTARILY EXCLUDED (JAN 2025) FAR
252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A COUNTRY
THAT IS A STATE SPONSOR OF TERRORISM (MAY 2019) DFARS
52.210-1 MARKET RESEARCH (NOV 2021) FAR
52.211-5 MATERIAL REQUIREMENTS (AUG 2000) FAR
52.215-2 AUDIT AND RECORDS - NEGOTIATION (JUN 2020) FAR
52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997) FAR
52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING DATA (AUG 2011) FAR
52.215-14 INTEGRITY OF UNIT PRICES (NOV 2021) FAR
52.216-18 ORDERING (AUG 2020) FAR
As prescribed in 16.506(a), insert the following clause:
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract execution through 5 years from the date of contract execution.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
52.216-19 ORDER LIMITATIONS (OCT 1995) FAR
As prescribed in 16.506(b), insert a clause substantially the same as follows:
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1 EA [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor --
(1) Any order for a single item in excess of 7 EA [insert dollar figure or quantity];
(2) Any order for a combination of items in excess of 7 EA [insert dollar figure or quantity]; or
(3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
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SPE8E8-26-R-0005
SECTION I - CONTRACT CLAUSES (CONTINUED)
52.216-22 INDEFINITE QUANTITY (OCT 1995) FAR
As prescribed in 16.506(e), insert the following clause:
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued.
The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the contract expiration and all orders have been delivered.
52.211-16 VARIATION IN QUANTITY (APR 1984) FAR
As prescribed in 11.703(a), insert the following clause:
(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.
(b) The permissible variation shall be limited to:
CLIN 0001 Percent increase 0 Percent decrease This increase or decrease shall apply to 0.*
52.211-8 TIME OF DELIVERY (JUN 1997) FAR
As prescribed in 11.404(a)(2), insert the following clause:
(a) The Government requires delivery to be made according to the following schedule:
REQUIRED DELIVERY SCHEDULE
ITEM NO. QUANTITY WITHIN DAYS AFTER
DATE OF CONTRACT
CLIN 0001 TBD 315
The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.
OFFEROR'S PROPOSED DELIVERY SCHEDULE
ITEM NO. QUANTITY WITHIN DAYS AFTER
DATE OF CONTRACT
(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.
52.214…
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