Slone Signed LTC SPE8EF25D0010_7-1-2025.pdf

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CONTRACT #: SPE8EF-25-D-0010

PALLETS, MATERIAL HANDLING

1) CONTRACT AWARD

(a) This contract constitutes the Government’s acceptance of the Contractor’s offer under Request for Proposal (RFP)

SPE8EF-24-R-0001, as amended by Amendments 0001, 0002, 0003, and 0004. It is an Indefinite Delivery, Indefinite Quantity Contract under which the Contractor shall function as a supplier of NSNs 3990-00-935-7960, 3990-00-599-5326, 3990-01-041-8803 and 3990-00-141-7261 Material Handling Pallets to Defense Depot Hill AFB, UT (DDHU) for a two-year (2) base and three (3) one-year option periods.

(b) Performance under this contract shall be governed by the terms and conditions of RFP SPE8EF-24-R-0001, to which the Contractor’s offer took no exception, and those terms and conditions acceptable to both the Contractor and the Government.

(c) The Total Estimated Dollar Value for the two-year (2) contract period is $127,344.00, as shown in block 26 of the Standard Form 1449 (page 1 of the contract). The Total Estimated Dollar Value is based on the overall offered prices for each depot awarded above. The overall offered price for each depot was calculated by multiplying the Annual Estimated Quantity (AEQ) by the offered unit price for each of the four NSN’s then adding those four figures.

(d) The Government’s guaranteed contract minimum for the entire contract (two-year base and three (3) one-year option periods) is $126,469.00 ($126,469 x 1 depot), which was calculated by multiplying $126,469 by the number of depots (1) for which a vendor receives an award. This is a total amount, not a separate guaranteed minimum for each depot. This is a Fixed Price with EPA Contract.

(e) These items shall be manufactured in accordance with the specifications available from the Approved American National Standard Institute (ANSI) - MH1-2016, Part 9, dated 8 Jan 2016, and certified as invasive species free in accordance with an American Lumber Standards Committee (ALSC accredited agency). Contractor shall refer to Solicitation SPE8EF24R0001, for Item Descriptions, Preservation, Packaging, Marking and Labeling requirements.

(f) The unit prices set forth in the Contractor’s proposal dated 3/25/2025 are applicable to the items specified in this contract and are set forth on Page 5 of this Contract.

(g) Wide Area Workflow (WAWF), formerly Invoicing, Receipt, Acceptance and Property Transfer (iRAPT): For purposes of receiving payment for material shipments (orders) the accepted electronic form for submission of payment requests and receiving reports is WAWF. The contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, Interactive Web Application or Mobile Device. WAWF is available on the Internet at https://wawf.eb.mil/). In addition, WAWF guidance and assistance is available from our DLA TROOP SUPPORT team personnel via email inquiry: dscpwawfteam@dla.mil

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2) CONTRACT PERIOD

For the base period of the contract, the ordering period shall commence on the date of award and shall continue for two

(2) calendar years thereafter. The two (2) year base period estimated dollar value, shown in block 26 of the Standard Form 1449 (page 1 of the contract), was derived as follows: the yearly estimated contract obligations plus expected annual expansion. The first year of the base period is estimated at $63,672.00, so the two year base totals $127,344.00. In accordance with the provisions of Clause FAR 52.217-9, “Option to Extend the Term of the Contract”, the Government reserves the right to exercise one or more of the three (3) one (1) year options. The option may be exercised in increments of one (1) year by written notice to the Contractor at least five (5) days prior to the date of expiration of the existing terms;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least thirty (30) days before the contract expires. The preliminary notice does not commit the Government to an extension. If and when any option is exercised, the ordering period for the option period shall commence on the day following the last day of the preceding contract period and shall continue for one calendar year thereafter. The guaranteed minimum is $126,469.00 for the entire five (5) year contract. The estimated maximum five (5) year contract value is $318,360.00.

3) DELIVERY ORDER LIMITATIONS

In accordance with the provisions of Clause FAR 52.216-19 “Ordering Limitations”, the Delivery Order limitations are provided below:

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1 TRUCKLOAD, 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 $500,000.00

(2) Any order for a combination of items in excess of $5,000,000.00

(3) A series of orders from the same ordering office within N/A days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(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) above.

(d) Notwithstanding paragraph b, 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 five (5) 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.

4) DELIVERY

(a) Supplies ordered under this contract shall be delivered FOB Destination to the receiving point specified in each delivery order. Individual delivery orders will be placed in multiples of an entire truckload. Each truckload shall consist of a single NSN.

(b) This is an Indefinite Quantity/Indefinite Delivery Type Contract and does not authorize delivery of any material.

Delivery shall be made only as authorized by orders issued in accordance with Time of Delivery Clause as set forth on Page 5 of this contract, and FAR 52.216-18 “Ordering” included in the Solicitation on page 21 and hereby incorporated by reference.

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(c) The delivery schedule for all items shall be 30 days after receipt of order (ARO) for DLA Direct orders, and 7 days ARO for customer direct orders. All urgent/emergency orders shall be delivered to the activity’s receiving location within two business days following placement of order. The Contractor will be notified when an order is determined to be an emergency order.

(d) Based on stock levels present at the depot, the Contracting Officer may arrange for a longer delivery period than required in the solicitation. Partial deliveries are authorized, unless specified on individual delivery orders. For any delays on orders for pallet deliveries, the vendor shall provide email documentation from the depot/customer on any request for extended deliveries. The extension shall indicate, at a minimum, number of truck shipments or revised schedule of shipments. That email shall be attached to any vendor request for extension.

5) VARIATION IN QUANTITY

In accordance with the provisions of Clause FAR 52.211-16 “Variation in Quantity”, the Variation in the Quantities are provided below:

(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:

__05___ percent increase* __05___ percent decrease*

*The above permissible variation is applicable to DLA DIRECT (STOCK) DELIVERY ORDERS.

For CUSTOMER DIRECT DELIVERY ORDERS, the permissible variation is as follows:

__00___ percent increase __00___ percent decrease

6) PLACE OF PERFORMANCE:

The Place(s) of Manufacturer/Performance under this Contract are as follows:

DEPOT Location Manufacturer Address DDHU Hill AFB, UT (DDHU) Oak Creek Wood Products 1101 Regal Row

Austin, TX 78748

Contracting Officer approval is required, if, at any time during contract performance, a change in place of performance is anticipated.

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7) CONTRACT UNIT PRICES

Price increases and decreases are subject to the terms and conditions stipulated in the contract and will become effective upon the issuance of contract modification by the Contracting Officer.

8) PAYMENT

(a) Terms. Payment terms are Net 30 Days

(b) Electronic Invoicing: The contractor shall submit electronic invoices to DEF FIN AND ACCOUNTING SVC

(SL4701). See Page 1, Block 18a

(c) Remittance Address: The Contractor’s remittance address is as follows: See Page 1, Block 17a

9) CONTRACT ADMINISTRATION

(a) Administration of the contract is the responsibility of DLA Troop Support Philadelphia (SPE8EF).

10) TIME OF DELIVERY – F.O.B. POINT

(a) Time of Delivery

With respect to each subsequent delivery order issued under this contract, the contractor shall make delivery within (TO BE SHOWN ON EACH ORDER) days after date of delivery order.

(b) F.O.B. Point

[X] With respect to all contract line items this contract is awarded on the basis of delivery F.O.B. Destination for all resulting contract delivery orders.

11) INSPECTION/ACCEPTANCE POINT

(a) The Inspection/Acceptance point for the items is at Destination.

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CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCTS (NOV 2021)

FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C. 3729-3733)

If this solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act. (31 U.S.C. 3729-3733). When FAR 52.203-13 is included in the contract, contractors must provide a copy of its written code of business ethics and conduct to the contracting officer upon request by the contracting officer.

Note: FAR clause 52.203-13 – Contractor Code of Business Ethics and Conduct is incorporated by reference on page 15 of this contract.

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CONTRACT CLAUSES

Note: 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2023) is incorporated in this contract by reference. Its full text may be accessed electronically at https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse. Text is available for viewing in Subpart

52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links.

ADDENDUM TO FAR 52.212-4

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

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

• DFARS: https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse.

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

The following additional clauses are incorporated by reference:

The following Federal Acquisition Regulation (FAR) clause is included in the contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components:

FAR 52.203-3, Gratuities (APR 1984) FAR 52.204-7, System for Award Management (NOV 2024) FAR 52.204-18, Commercial and Government Entity Code Maintenance (AUG 2020) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) FAR 52.211-17, Delivery of Excess Quantities (SEP 1989) FAR 52.226-8, Encouraging Contractor Policies To Ban Text Messaging While Driving (MAY 2024) FAR 52.227-1, Authorization and Consent (JUN 2020) FAR 52.227-2, Notice And Assistance Regarding Patent and Copyright Infringement (JUNE 2020) FAR 52.229-11, Tax on Certain Foreign Procurements – Notice and Representation (JUN 2020) FAR 52.229-12, Tax on Certain Foreign Procurements (FEB 2021) FAR 52.232-17, Interest (MAY 2014) FAR FAR 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013) FAR 52.242-13, Bankruptcy (JUL 1995) FAR FAR 52.242-15, Stop Work Order (AUG 1989) FAR FAR 52.247-34, F.O.B Destination (JAN 1991) FAR 52.249-8, Default (Fixed-Price Supply and Service) (April 1984)

The following DFARS clauses are included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components:

DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011) DFARS 252.203-7002, Requirements to Inform Employees of Whistleblower Rights (DEC 2022) DFARS 252.203-7003, Agency Office of the Inspector General (AUG 2019) DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials (SEP 2022) DFARS 252.204-7003, Control of Government Personnel Work Product (APR 1992) DFARS 252.204-7004, Antiterrorism Awareness Training for Contractors (JAN 2023) DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (JAN 2023) DFARS 252.204-7014, Limitations on the Use or Disclosure of Information by Litigation Support Contractors (MAY 2016) https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse https://www.ecfr.gov/cgi-bin/text-idx?SID=6e9bf6d81b42b0ae243df8c51e13fa62&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl https://www.ecfr.gov/cgi-bin/text-idx?SID=6e9bf6d81b42b0ae243df8c51e13fa62&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx http://www.acq.osd.mil/dpap/dars/dfars/html/current/252203.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm

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DFARS 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support (JAN 2023) DFARS 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

(JAN 2023)

DFARS 252.204-7019, Notice of NIST SP 800-171 DOD Assessment Requirements (MAR 2022) DFARS 252.204-7020, NIST SP 800-171 DOD Assessment Requirements (JAN 2023) DFARS 252.204-7024, Notice on the Use of The Supplier Risk System (MAR 2023) DFARS 252.205-7000, Provision of Information to Cooperative Agreement Holders (JUN 2023) DFARS 252.209-7004, Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism (MAY 2019) DFARS 252.211-7003, Item Unique Identification and Valuation (MAR 2023) DFARS 252.215-7016, Notification to Offerors – Postaward Debriefings (DEC 2022) DFARS 252.216-7010, Postaward Debriefings for Task Orders and Delivery Orders (DEC 2022) DFARS 252.223-7008, Prohibition of Hexavalent Chromium (JAN 2023) DFARS 252.225-7000, Buy American—Balance of Payments Program Certificate (FEB 2024)

a. ____ Alternate I (FEB 2024) of 252.225-7000

DFARS 252.225-7001, Buy American and Balance of Payments Program - Basic (FEB 2024)

a. ____Alternate I (FEB 2024) of 252.225-7001

b. ____Alternate II (FEB 2024) of 252.225-7001

c. ____Alternate III (FEB 2024) of 252.225-7001

DFARS 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals (JAN 2023) DFARS 252.225-7012, Preference for Certain Domestic Commodities (APR 2022) DFARS 252.225-7052, Restrictions on the Acquisition of Certain Magnets, Tantalum and Tungsten (MAY 2024) DFARS 252.225-7056, Prohibition Regarding Business Operations with the Maduro Regime (JAN 2023) DFARS 252.225-7967, Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024-O0006) (FEB 2024) DFARS 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (JAN 2023) DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (DEC 2018) DFARS 252.232-7010, Levies on Contract Payments (DEC 2006) DFARS 252.243-7002, Requests for Equitable Adjustment (DEC 2022) DFARS 252.244-7000, Subcontracts for Commercial Products or Commercial Services (NOV 2023) DFARS 252.247-7023, Transportation of Supplies by Sea (OCT 2024).

In addition to the clauses listed in paragraph (e) of FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

DFARS 252.227-7013, Rights in Technical Data – Noncommercial Items (MAR 2023) DFARS 252.227-7015, Technical Data – Commercial Items (MAR 2023) DFARS 252.227-7037, Validation of Asserted Restrictions on Technical Data (JAN 2025) DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (JAN 2023) DFARS 252.237-7019, Training for Contractor Personnel Interacting with Detainees (JAN 2023) DFARS 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer (JAN 2023) DFARS 252.247-7023, Transportation of Supplies by Sea (OCT 2024) http://www.acq.osd.mil/dpap/dars/dfars/html/current/252211.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252223.htm#252.223-7008 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252225.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm http://www.acq.osd.mil/dpap/dars/dfars/html/current/252244.htm

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The following additional clauses are set forth in full text:

52.216-22 –INDEFINITE QUANTITY (OCT 1995)

(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 365 days after contract expiration.

52.217-9 –OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 5 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed _5_ (years).

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.

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(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.)

COMBO - Invoice and Receiving Report

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

(2) 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.

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Routing Data Table *

(* 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.

dscpwawfteam@dla.mil

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

(End of Clause)

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C09 Economic Price Adjustment – Department of Labor Index (APR 2024)

(a) Warranties. The contractor warrants that—

(1) The base unit prices set forth in the Schedule do not include allowances for any portion of the contingency covered by this procurement note; and

(2) Prices invoiced shall be computed in accordance with the terms of this procurement note.

(b) Definitions. As used throughout this procurement note—

(1) "Index", for the purpose of price adjustment under this procurement note, means the Producer Price Index(es) reported in the monthly publication entitled, “Producer Price Indexes”, published by the United States (U.S.) Department of Labor (DOL), Bureau of Labor Statistics (BLS) for the following code number(s) and title(s): WPU084101 Wood Pallets and Pallet Containers & WPU0811 Softwood Lumber*(*See Caution Notice) ; or the Employment Cost Index(es) reported in the quarterly publication entitled, “Employment Cost Indexes,” published by the United States (U.S.) Department of Labor (DOL), Bureau of Labor Statistics (BLS) for the following code number(s) and title(s): N/A .

(2) "Base index" means the arithmetic average of the final version of the indexes published for the _12_ months, or _ N/A_ quarters for ECI, preceding the closing date for receipt of proposals or the date required for receipt of final proposal revisions, if discussions were held.

(3) "Adjusting index" means the ____ arithmetic average of the [X ] first published or [ ] final version of the index for the _2__ months, or ___ quarters for ECI, prior to the month in which the adjusting contract modification is effective.

(4) "Base unit price" means the unit price applicable to a quantity of a contract line item established at contract award, exclusive of any price adjustment pursuant to this procurement note.

(5) “Adjustment period” means the period during which a particular adjustment to the unit price under this procurement note (calculated at the beginning of the adjustment period) will apply. The length of each adjustment period in months is the number of adjustments allowed per year in (c)(1) below divided by 12.

(c) Adjustments. Prior to the end of each adjustment period, the contracting officer will calculate the adjusting index and any adjusted contract unit price(s) for the new adjustment period, and modify the contract accordingly. The contracting officer will make price adjustments in accordance with this procurement note by issuing a contract modification showing the base index, the adjusting index, the base unit price, the mathematical calculations, and the changed unit price(s). The price adjustment shall apply to orders issued after the effective date of the contract modification establishing the unit price for the adjustment period. The contracting officer will base the price adjustment(s) for each adjustment period on the percentage change between the base index and the adjusting index for the adjustment period, as applied to the base unit price.

(1) The contractor shall decrease its price in any particular adjustment period if the adjusting index is less than the base index. This contract allows _3_ price adjustments per contract year.

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(2) Example of adjustment calculation for PPI WPU084101:

Base Index= 109.88* Adjusting Index = 112.72* Less base index = 109.88 Change to index = 2.84

Divide change to index by base index = 2.84 / 109.88 = .02585 (2.585%)**

Multiply by the base unit price = $50.00 x .02585 = $1.29***

= Unit Price Adjustment

Adjusted unit price = $51.29

*In computing the base and adjusting indexes, the contracting officer will round the resulting figure to the second decimal place.

**The contracting officer will round this number to the fifth decimal place.

***The contracting officer will round all dollar figures to the nearest cent.

(d) The aggregate of the increases in any contract unit price under the terms of this procurement note shall not exceed ___% (percent) of the original base unit price, except as provided hereafter.

(1) If at any time the contractor has reason to believe that within the near future a price adjustment under the terms of this procurement note will be required that will exceed the adjustment ceiling for any item, the contractor shall promptly notify the contracting officer in writing of the expected increase. The notification shall include a revised ceiling the contractor believes is sufficient to permit completion of remaining contract performance, along with appropriate explanation and documentation as required by the contracting officer.

(2) If an increase in the index would raise a contract unit price for an item above the current ceiling, the contracting officer may issue a contract modification to raise the ceiling. If the contracting officer does not raise the contract ceiling, the contracting officer will promptly notify the contractor in writing.

(e) Invoices. The basis for prices payable under this contract is the latest adjusted unit price incorporated into the contract as of the date of order.

(f) Retroactive adjustment. This paragraph applies only if the contracting officer selected “first published index” in paragraph (b)(3). If the Government has already paid for orders delivered during an adjustment period, the contractor may request a retroactive adjustment. The contracting officer will, base the retroactive adjustment on the difference between a higher final revised index applicable to an adjustment period and the index values used in calculating the unit price for that adjustment period, subject to the adjustment ceiling in paragraph (d) and under the following conditions:

(1) The request for equitable adjustment clearly establishes that the unit price adjustment for the adjustment period would have been higher if the final revised index had been used;, and identifies all invoices and payments to which it applies cites the specific index differences relating to the requested adjustment, and provides a calculation of the total net price adjustment for items delivered during that adjustment period.

(2) The total dollar change for items delivered is $______ ($500.00 unless otherwise stated) or more for the applicable adjustment period(s).

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(3) The contracting officer received the contractor’s written request within 45 days following publication of the final revised index.

The contractor shall adjust its prices downward based on the difference between a lower final revised index applicable to an adjustment period and the index values used in calculating the unit price for that adjustment period, subject to the limitation in paragraph (f)(2).

(g) Revision of index. If any applicable index is discontinued or its method of derivation is altered substantially, or if the contracting officer determines that the index consistently and substantially fails to reflect market conditions, the parties shall mutually agree upon an appropriate and comparable substitute. The contracting officer will modify the contract to reflect such substitute effective on the date the index was discontinued, altered, or began to consistently and substantially fail to reflect market conditions.

(h) Final invoice. The contractor shall include a statement on the final invoice confirming it has applied all decreases required by this procurement note to the amounts invoiced.

(i) Disputes. The “Disputes” clause of the contract applies to any dispute arising under this procurement note.

*Caution Notice: WPU0811 Softwood Lumber, only applies to depot DDJC for NSN 3990-00-935-7960, and for a vendor located in the Western region and using softwood lumber. The portion subject to adjustment will be 77.8% of the Base Unit Price. See example of adjustment calculation below.

(2) Example of adjustment calculation for PPI WPU0811:

Base Index= 109.88* Adjusting Index = 112.72* Less base index = 109.88 Change to index = 2.84

Divide change to index by base index = 2.84 / 109.88 = .02585 (2.585%)**

Multiply the base unit price by .778 to calculate the softwood cost = $50.00 x .778 = $38.90

Multiply the softwood cost by the % change to calculate the price adjustment = $38.90 x .02585=$1.005565***

$1.01 = Unit Price Adjustment

Adjusted unit price = $51.01 ($50.00 + $1.01)

*In computing the base and adjusting indexes, the contracting officer will round the resulting figure to the second decimal place.

**The contracting officer will round this number to the fifth decimal place.

***The contracting officer will round all dollar figures to the nearest cent.

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2025)

(DEVIATION 2025-O0003) AND (MAR 2025)(DEVIATION 2025-O0004)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.

L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 89(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C.3903 and 10 U.S.C. 3801)

(6) 52.233-3, Protest after Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C.

3805 note)).

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

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020) 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

(4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community – See FAR 3.900(a).

X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

109-282) (31 U.S.C. 6101 note).

(6) [Reserved].

(7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.

C.);

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(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

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

X (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-238).

(10) 52.204-28, Federal Acquisition Supply Chain Act Orders – Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-agency contracts (DEC 2023) (Pub. L. 115-390, title II).

X (11)(i) 52.204-30, Federal Acquisition Supply Chain Act Orders-Prohibition (DEC 2023) (Pub. L. 115-390, title II).

(ii) Alternate I (DEC 2023) of 52.204-30

X (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (JAN 2025) (31 U.S.C. 6101 note).

X (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

(14) [Reserved].

(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(17) [Reserved]

X (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

(ii) Alternate I (MAR 2020) of 52.219-6

(19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

(ii) Alternate I (Class Deviation 2020-O0008) (MAR 2020) of 52.219-7

X (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637 (d)(2) and (3)).

(21)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637 (d)(4)).

(ii) Alternate I (NOV 2016) of 52.219-9

(iii) Alternate II (NOV 2016) of 52.219-9

(iv) Alternate III (JUN 2020) of 52.219-9

(v) Alternate IV (JAN 2025) of 52.219-9

(22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (MAR 2020) of 52.219-13

X (23) 52.219-14, Limitations on Subcontracting, Class Deviation 2021-O0008 (FEB 2023) (15 U.S.C.

637(a)(14)).

(24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i))002E

(25) 52.219-27, Notice of Set-Aside for, or Sole Source Award to, Service-Disabled Veteran-Owned Small

Business (SDVOSB) Concerns Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

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X (26)(i) 52.219-28, Post Award Small Business Program Representation (JAN 2025) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28

(27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-

Owned Small Business (EDWOSB) Concerns (OCT 2022) (15 U.S.C. 637(m)).

(28) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business (WOSB)

Concerns Eligible Under the WOSB Program (OCT 2022) (15 U.S.C. 637(m)).

(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

X (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

X (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2025) (E.O. 13126).

(33) [Reserved]

(34) [Reserved]

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

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

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

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

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

X (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

X (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22.U.S.C. chapter 78 and

E.O. 13627).

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

X (40) 52.222-54, Employment Eligibility Verification (JAN 2025). (Executive Order 12989).

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

(41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated

Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (May 2024) (42 U.S.C. 7671).

(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (May 2024) (42 U.S.C. 7671).

(44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671).

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

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(45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671).

X (46) 52.223-23, Sustainable Products and Services (MAR 2025)(DEVIATION 2025-O0004) (7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

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

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

X (48) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

(49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2023) (U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501- 4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

(ii) Alternate I [Reserved]

(iii) Alternate II (JAN 2025) of 52.225-3.

(iv) Alternate III (FEB 2024) of 52.225-3.

(v) Alternate IV (OCT 2022) of 52.225-3.

(50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

(52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

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

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

5150).

(56) 52.229-12 Tax on Certain Foreign Procurements (FEB 2021)

(57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV

2021) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

(58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021)

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

X (59) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (OCT 2018) (31

U.S.C. 3332).

(60) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul

2013) (31 U.S.C. 3332).

(61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security

Drone Act-Covered Foreign Entities (NOV 2024) Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901

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(64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d)(12)).

(65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021)

(46 U.S.C. 55305 and 10 U.S.C. 2631).

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

(iii) Alternate II (NOV 2021) of 52.247-64.

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

[ Contracting Officer check as appropriate. ]

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

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

chapter 67).

(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple

Year and Option Contracts) (AUG 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May

2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

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

(7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

(8) 52.222-62, Paid Sick Leave under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

(10) 52.247-69 Reporting Requirement for U.S.-Flag Carriers Regarding Training to Prevent Human

Trafficking (JAN 2025) (49 U.S.C. 40118(g))

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

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

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

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

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial

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(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712)

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and…