Solicitation_FA301625Q0050_Bleachers.pdf

502 CONS/JBKAE FA301625Q0050

JBSA Lackland, TX 78236 Bleacher Seating Systems

Bleacher Seating Systems

Request for Quote

FA301625Q0050

(The quote shall be effective for 90 days after submission of quote)

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) Part 12 and 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested, and a separate Request for Quote (RFQ) will not be issued.

The solicitation number is FA301625Q0050 and is issued as a Request for Quotation (RFQ). This RFQ incorporates provisions and clauses that are in effect through the Federal Acquisition Circular 2025-04 and Defense Federal Acquisition Regulation Supplement (DFARS) change notice 01/17/2025. This is a notice that this requirement is a 100% total set-aside for Service Disabled Veteran Owned Small Business (SDVOSB) concerns. The Government will only accept quotes submitted by SDVOSB concerns holding NAICS Code 337127. Any quote submitted by a contractor that is not a SDVOSB concern will not be considered for award. The NAICS Code is 337127, Bleacher Seating. The Product Service Code (PSC) is 7195, Miscellaneous Furniture and Fixtures. The size standard is 500 employees. The 343rd Training Squadron (TRS), Joint Base San Antonio (JBSA), TX has a requirement for eight (8) Bleacher Seating Systems. This requirement is restricted to SDVOSB concerns and will be performed IAW the Statement of Work (SOW), dated 7 January 2025 (Attachment 1).

Bleacher Seating Systems (The quote shall be effective for 90 days after submission of quote)

Please respond to this RFQ by emailing your response to: Parie D. Reynolds (Primary Contract Specialist/CS) at:

parie.reynolds@us.af.mil and Lance Watters (Contracting Officer) at: lance.watters.1@us.af.mil, no later than Monday, 4:00 p.m. Central Daylight Time (CDT), on 21 July 2025 (or sooner if possible) in order to be considered timely. Any quote, modification, revision, or withdrawal of a quote received after the exact time specified above shall be determined as late and will not be considered, unless received before award is made; the Contracting Officer determines that accepting the late quote would not unduly delay the acquisition; and it was the only quote received. It is the contractor’s responsibility to ensure quote is received by the Government. Any questions will be due no later than Monday, 11:00 a.m. CDT, on 14 July 2025.

**Only the three lowest quotes deemed technically acceptable will be considered for evaluation for award** (Please provide a quote for the line items listed below. Failure to quote on all CLINs will render the quote unacceptable and ineligible for award consideration in the absence of discussions.)

Please provide the information below:

Company Name: CAGE/SAM Unique Entity ID #: ____________________

Payment Terms: Delivery Date (Estimated): __________

Point of Contact (POC): Telephone #: __________

E-Mail Address: Tax ID#: __________

Warranty Information:

Do you have the ability to invoice electronically (invoicing through WAWF)?

JBSA Lackland, TX Bleacher Seating Systems

Special Notes and Instructions:

1. This is a notice that this order is a 100% total set-aside for SDVOSB concerns. Only quotes submitted by SDVOSB concerns holding NAICS Code 337127 and the small business size standard of 500 employees will be accepted by the Government. Any quote that is submitted by a contractor that is not a SDVOSB concern will not be considered for award.

2. Basis for Award. 502 CONS/JBKAE will issue award to the vendor who is determined to offer the best value to the Government. Contract type shall be Firm Fixed Price (FFP). Failure to acknowledge Amendments may result in your quote not being considered for award.

3. Best Value Determination. The technically acceptable, lowest priced quote will be determined to represent the best value. Technical acceptability will be determined by an evaluation of the quoted requirement that meet the salient characteristics in this solicitation. If the lowest priced submission does not meet description salient characteristics described in the solicited item and IAW with the SOW, the Government reserves the right to evaluate the next lowest priced submission until it has determined a technically acceptable submission. The evaluation will stop at the point when the Government determines an offeror to be technically acceptable with the lowest evaluated price, because that offer will represent the best value. Contingent upon a determination of contractor responsibility, award will be made to that offeror without further evaluation of other offers. Award will be made to the responsible vendor whose quote is the lowest evaluated price among technically acceptable quotes.

4. Interchanges. The Government intends to award a purchase order without interchanges with respective vendors/quoters. The Government reserves the right to conduct interchanges if deemed in its best interest. Under appropriate circumstances, interchanges can be an effective method to improve the Government's evaluation of Offerors' quoted approaches and may reduce acquisition cycle time. Interchanges may be written, email, phone call, etc., or any method which would accurately capture the contemporaneous sharing of information between the Government and the Offerors. Interchanges may also be oral conversations between the Government and the Offerors.

5. Mandatory Registrations. To be eligible for award, registration with the System for Award Management (SAM) must be current (legacy for On-line Registration and Certifications Application (ORCA) and Central Contractor Registration (CCR) registrations). To register or update former CCR and Reps & Certs that are not current go to https://www.sam.gov/portal/public/SAM/ and provide mandatory information.

6. Notice to Offeror. Funds are not currently available. The Government reserves the right to cancel this Request for Quote (RFQ), either before or after suspense date. In the event the Government cancels this RFQ, the Government has no obligation to reimburse an offeror for any costs. The contractor shall not request, nor will the Government make payments for any preliminary measurement, quotes, bids, site visit, time or proposal cost incurred. Funds are not currently available for this requirement. No award will be made under this solicitation until funds are available.

The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

7. Site Visit. A Site Visit will not be required for this requirement.

8. Site Maintenance. Work areas shall be maintained in a neat, clean, safe condition and all trash, debris, and garbage, which the contractor generates, shall be removed from the premises upon completion and delivery, or daily if the completion/delivery takes more than one day.

9. Delivery/Assembly. The Contractor shall ensure that work for this project is performed in accordance with the criteria described in the SOW, and all items/products in the description shall be fully operational at the completion of work for this project.

10. Product Description. Product offerings must meet all characteristics as described in the SOW (Attachment 1), to be considered for award. Quotes submitted in response to this RFQ must include a detailed list of product specifications demonstrating that any products offered meet all characteristics. Failure to meet the characteristics described in the SOW, renders the quote unacceptable. The contractor must submit a specification sheet and picture with quote to be considered for evaluation.

JBSA Lackland, TX Bleacher Seating Systems

12. Attachment(s).

Attachment 1 - SOW, dated 7 January 2025 Attachment 2 - Contractor Release of Financial Information and Attachment 3 - Financial Information Questionnaire Form.

Solicitation/Contract Form

BLEACHER SEATING SYSTEMS

Product Service Code: 7195

FA301625Q0050

Supplies or Services & Prices or Costs Additional Information/Notes

Item Supplies / Services Quantity Unit Unit Price Amount

Eight (8) Bleacher Seating Systems capable of accommodating 125 personnel. Assembly included. In accordance with the Statement of Work (SOW), dated 7 January 2025.

1) Four of the bleacher seating systems shall be delivered to 218 McWilliams Rd, JBSA Camp Bullis, TX 78257; and

2) Four of the bleacher seating systems shall be delivered to 1350 Scott Drive, JBSA Lackland, TX 78236.

Product Service Code: 7195 Pricing Arrangement: Firm Fixed Price

8 Each

FABRIC CANOPY. Assembly included.

In accordance with the Statement of Work (SOW), dated 7 January 2025.

1) Four of the bleacher seating systems shall be delivered to 218 McWilliams Rd, JBSA Camp Bullis, TX 78257; and

2) Four of the bleacher seating systems shall be delivered to 1350 Scott Drive, JBSA Lackland, TX 78236.

Product Service Code: 7195 Pricing Arrangement: Firm Fixed Price

8 Each

DELIVERY. Assembly included. In accordance with the Statement of Work (SOW), dated 7 January 2025.

1) Four of the bleacher seating systems shall be delivered to 218 McWilliams Rd, JBSA Camp Bullis, TX 78257; and

2) Four of the bleacher seating systems shall be delivered to 1350 Scott Drive, JBSA Lackland, TX 78236.

Product Service Code: 7195 Pricing Arrangement: Firm Fixed Price

8 Each

Description/Specifications/Statement of Work

Requirements The 343rd Training Squadron (TRS), has a requirement for eight (8) Bleacher Seating Systems.

Packaging and Marking

Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.246-2 Inspection of Supplies-Fixed-Price. Aug 1996 52.246-16 Responsibility for Supplies. Apr 1984 Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F2MTR3 CountryCode: USA

343 TRS DORR

AF BPN NO MILSBILLS PROCESSES, 1325 HARMON DR

LACKLAND AFB, TX 78236-5438

UNITED STATES

DETRA WHITFIELD

Email: detra.whitfield@us.af.mil Telephone: 210-671-6177

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F2MTR3 CountryCode: USA

343 TRS DORR

AF BPN NO MILSBILLS PROCESSES, 1325 HARMON DR

LACKLAND AFB, TX 78236-5438

UNITED STATES

DETRA WHITFIELD

Email: detra.whitfield@us.af.mil Telephone: 210-671-6177

Inspection and Acceptance Location

Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.

DoDAAC: F2MTR3 CountryCode: USA

343 TRS DORR

AF BPN NO MILSBILLS PROCESSES, 1325 HARMON DR

LACKLAND AFB, TX 78236-5438

UNITED STATES

DETRA WHITFIELD

Email: detra.whitfield@us.af.mil Telephone: 210-671-6177

Deliveries or Performance

1) Four of the bleacher seating systems shall be delivered to 218 McWilliams Rd, JBSA Camp Bullis, TX 78257; and

2) Four of the bleacher seating systems shall be delivered to 1350 Scott Drive, JBSA Lackland, TX 78236.

Line Item Delivery Schedule Quantity Address and POC Special Handling/Notes

Delivery Requested By Delivery Date 30 Sep 2025

8 Each Ship To DoDAAC: F2MTR3 CountryCode: USA

343 TRS DORR

AF BPN NO MILSBILLS PROCESSES, 1325 HARMON DR

LACKLAND AFB, TX 78236-5438

UNITED STATES

DETRA WHITFIELD

Email: detra.whitfield@us.af.mil Telephone: 210-671-6177

FoB Details Contractor Destination

Delivery Requested By Delivery Date 30 Sep 2025

8 Each Ship To DoDAAC: F2MTR3 CountryCode: USA

343 TRS DORR

AF BPN NO MILSBILLS PROCESSES, 1325 HARMON DR

LACKLAND AFB, TX 78236-5438

UNITED STATES

DETRA WHITFIELD

Email: detra.whitfield@us.af.mil Telephone: 21-671-6177

FoB Details Contractor Destination

Delivery Requested By Delivery Date 30 Sep 2025

8 Each Ship To DoDAAC: F2MTR3 CountryCode: USA

343 TRS DORR

AF BPN NO MILSBILLS PROCESSES, 1325 HARMON DR

LACKLAND AFB, TX 78236-5438

UNITED STATES

DETRA WHITFIELD

Email: detra.whitfield@us.af.mil Telephone: 210-671-6177

FoB Details Contractor Destination

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.242-15 Stop-Work Order. Aug 1989 52.247-34 F.o.b. Destination. Nov 1991

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.204-7006 Billing Instructions-Cost Vouchers May 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (Tailored) (Jan 2023)

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"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) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Electronic invoicing.

Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this WAWF payment instructions.

contract or task or delivery order:

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

(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.

DESTINATION

(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.

DESTINATION

(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) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating Document routing.

payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC F87700

Issue By DoDAAC FA3016

Admin DoDAAC FA3016

Inspect By DoDAAC F2MTR3

Ship To Code F2MTR3

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) F2MTR3

Service Acceptor (DoDAAC) F2MTR3

Accept at Other DoDAAC N/A

LPO DoDAAC ____

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance Payment request.

with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.

(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.

DETRA WHITFIELD, detra.whitfiled@us.af.mil, 210-671-6177

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

(End of clause)

Special Contract Requirements To be eligible for award, registration with the System for Award Management (SAM) must be current (legacy for On-line Registration and Certifications Application (ORCA) and Central Contractor Registration (CCR) registrations). To register or update former CCR and Reps & Certs that are not current go to https:// www.sam.gov and provide mandatory information.

Contract Clauses

ADDENDUM TO 52.212-1

52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (Sep 2023) Addendum to52.212-1(e), Multiple Offers, is deleted in its entirety.

Addendum to52.212-1(h), Multiple Awards, is deleted in its entirety.

Addendum to52.212-1(d), Product Samples, is deleted in its entirety.

Addendum to52.212-1(g), Contract Award (not applicable for Invitation for Bids) is tailored as follows:

(a) Paragraph52.212-1(c), Period for Acceptance of Offer, is tailored as follows: "The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offer."

(m) Proposal Preparation Instructions.

The Government intends to evaluate offers and award a contract without interchanges with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct interchanges if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

QUOTE PREPARATION INSTRUCTIONS.

A. To assure timely and equitable evaluation of quote, offeror must follow the instructions contained herein. Offerors are required to meet all quote requirements, including terms and conditions, and technical requirements, in addition to those identified as evaluation factors. Offeror must clearly identify any exception to the quote terms and conditions and provide complete accompanying rationale.

B. SUBMISSION OFQUOTE:

(a) Drawings, specifications, and pictures shall be provided with the offeror's quote.

(b) Quotes shall be submitted to the Primary Contract Specialist and Contracting Officer directly by emailing all required documentation to Primary Contract Specialist: Parie Reynolds, parie.reynolds@us.af.mil; and Contracting Officer: Lance Watters, lance.watters.1@us.af.mil.

(c) All documents submitted in response to this RFQ must be fully responsive to and consistent with the requirements of the RFQ. Submission of Offers must be IAW Addendum to 52.212-2 Evaluation -Commercial items as stated below.

(End of Addendum)

ADDENDUM TO 52.212-2 - EVALUATION - COMMERCIAL ITEMS (Nov 2021) ADDENDUM Addendum to 52.212-2(a): Paragraph (a) is tailored as follows:

The following have been deleted:

(b) Options has been deleted in its entirety.

(b)(iii) Past Performance has been deleted in its entirety.

The following have been added or changed:

(a) Basis for Award. The Government intends to award one Firm-Fixed-Price contract for this acquisition. Award will be made to technically acceptable Offerors who are deemed responsible in accordance with FAR 9.104 and whose quote conforms to the solicitation requirements. The solicitation requirements include all stated terms, conditions, and all other information required by this quote. Unless specifically identified in your quote, by submission of its quote, the Offeror accedes to all solicitation requirements, including terms and conditions, and technical requirements, in addition to those identified as evaluation factors. Failure to meet a requirement may result in a quote being determined ineligible for award.

This contract will be awarded as Firm Fixed Price (FFP). It is the Government's intent to evaluate quotes and award without interchanges with Offerors. Therefore, the Offeror's initial quotes should contain the Offeror's best terms from a price, and technical standpoint. However, the Government reserves the right to conduct interchanges if the Contracting Officer (CO) later determines them to be necessary.

1. Evaluation Process. The evaluation factor and process to be used is listed below.

1.1. Evaluation Factors. In evaluating quotes, the Government will select the quote that is most advantageous to the Government. To arrive at a decision, only the three lowest quotes will be assessed in accordance with the following evaluation factors for the award "Lowest Price Technically Acceptable".

1.1.1. Technical Evaluation. If the Government receives three (3) of fewer quotes, all quotes will be evaluated for Technical Acceptability. If the Government receives more than three (3) quotes, the Government will only select the three (3) lowest priced quotes and then evaluate them for Technical Acceptability. The Government reserves the right to evaluate additional quotes for technical acceptability if in the Government's best interest. If additional quotes are evaluated for technical acceptability, they will be selected in the order of total evaluated price.

(a) Acceptability Ratings. The evaluation factors listed below will be used to evaluate each quote and will receive one of the following ratings:

(i) Acceptable -

(1) Proposed quote. The proposed quote that clearly meet the characteristics as listed in this RFQ and the SOW.

(ii) Unacceptable -

(1) Proposed quote. The proposed quote does not meet the characteristics as listed in this RFQ and the SOW.

1.1.2. Price Evaluation. Evaluations will be completed by determining the extended amount for each Line Item Number (CLIN) and the total evaluated price (TEP).

The extended amount for each CLIN will be determined by multiplying the unit price by the quantity. An offeror's TEP will be determined by adding the extended amount for all CLINs. The Government may require submission of information other than cost or pricing data to the extent necessary to evaluate price reasonableness.

1.1.2.2. Evaluation of Factors. Offerors are advised that their initial submission should be their best effort. Only technically acceptable quotes, either initially or as a result of interchanges, are eligible for award. If award is made without interchanges, quote revisions will not be permitted. The Government will evaluate the quotes selected above for technical acceptability on an Acceptable/Unacceptable basis. For the technical quote to be rated as "Acceptable", the technical factor must be rated acceptable. If the technical factor is rated "Unacceptable" the overall quote will be rated as "Unacceptable".

(A) Interchanges. Under appropriate circumstances, interchanges can be an effective method to improve the Government's evaluation of Offerors' quoted approaches and may reduce acquisition cycle time. Interchanges may be written, email, phone call, etc., or any method which would accurately capture the contemporaneous sharing of information between the Government and the Offerors. Interchanges may also be oral conversations between the Government and the Offerors.

(B) Factor # 1 -Submit product descriptions for each item being quoted. The Offeror shall submit product specifications that match the SOW. The standard has been met when: The offeror provides products that fully conform to the product description requirements specified in the SOW.

(End of Addendum)

ADDENDUM TO 52.212-4

FAR 52.212-4, CONTRACT TERMS AND CONDITIONS (Nov 2023) Reference FAR 52.212-4, Paragraph (c) is hereby tailored as follows:

(c) Changes. Changes in the terms and conditions of the contract may be made pursuant to the contract, may be made as follows:

(1) Except as stated in paragraph (c)(2) of this clause, changes require written agreement of both parties.

(2) The contracting officer may modify the contract unilaterally under the following circumstances:

(a) To make administrative changes that do not affect the price or substantive terms.

(b) To issue change orders or directions; or

(c) To make changes authorized by clauses other than a changes clause, including but not limited to the Property clause, Options clause, or suspension of Work clauses.

(End of Addendum)

DFARS Clause Incorporated by Full Text 252.203-7999 PROHIBITION ON CONTRACTING WITHENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION2021- O0001) (Nov 2020)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VIII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015, (Pub. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this cause.

(End of Clause)

DFARS 252.222-7999 Combating Race and Sex Stereotyping (DEVIATION 2021-O0001) Use this clause in solicitations and contracts, when a contract is contemplated that will include the clause at Federal Acquisition Regulation (FAR) 52.222-26, Equal Opportunity or its Alternate I. COMBATINGRACE AND SEX STEREOTYPING (DEVIATION 2021-O0001) (JAN 2021) Notice: On December 22, 2020, the United States District Court for the Northern District of California issued a preliminary injunction, enjoining Sections 4 and 5 of Executive Order 13950 "Combating Race and Sex Stereotyping." So long as the December 22, 2020 preliminary injunction remains in force, the Government shall not enforce any provisions contained in Government contracts or subcontracts added pursuant to Section 4(a) of Executive Order 13950; the Government shall not cancel, terminate, suspend in whole or in part, any contractor or subcontractors' Government contracts, nor declare any contractor or subcontractor ineligible for further Government contracts, nor impose any other sanctions, on the basis of purported noncompliance with the Executive Order or any agency action implementing Section 4 or 5 of the Executive Order; and the Government will not require contractors or subcontractors to provide notice of any commitments under the Executive Order or any contract term inserted pursuant to the Executive Order to their respective labor unions or employee representatives. To the extent that you have included the Executive Order's provisions in subcontracts, please provide them with a copy of this notice.

(a) Definitions. As used in this clause--"Race or sex scapegoating" means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex. "Race or sex stereotyping" means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex.

(b) Exemptions. The exemptions that apply to Executive Order (E.O.) 11246 (see FAR 22.807) also apply to E.O. 13950 and the requirements of this clause.

(c) Compliance with E.O. 13950, Combating Race and Sex Stereotyping. Unless exempted under paragraph (b) of this clause, the Contractor shall not use any workplace training that inculcates in its employees any form of race or sexstereotyping or any form of race or sex scapegoating, including the concepts that--

(1) One race or sex is inherently superior to another race or sex;

(2) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(3) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(4) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

(5) An individual's moral character is necessarily determined by his or her race or sex;

(6) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(7) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or

(8) Meritocracy or traits such as a hard work ethic are racist or sexist or were created by a particular race to oppress another race.

(d) Notice. The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice provided below advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment.

NOTICE E.O. 13950, Combating Race and Sex Stereotyping Employers Holding Federal Contracts or Subcontracts Contractors shall not use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the following concepts that--

(1) One race or sex is inherently superior to another race or sex;

(2) An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;

(3) An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;

(4) Members of one race or sex cannot and should not attempt to treat others without respect to race or sex;

(5) An individual's moral character is necessarily determined by his or her race or sex;

(6) An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;

(7) Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or

(8) Meritocracy or traits such as a hard work ethic are racist or sexist or were created by a particular race to oppress another race.

For use in this notice-- "Race or sex scapegoating" means assigning fault, blame, or bias to a race or sex, or to members of a race or sex because of their race or sex; and "Race or sex stereotyping" means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of his or her race or sex. Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under this notice should immediately contact the Office of Federal Contract Compliance Programs (OFCCP) Complaint Hotline to Combat Race and Sex Stereotyping at 202-343-2008 or via email atOFCCPComplaintHotline@dol.gov.

(End of notice)

(e) Noncompliance. In the event it is determined that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part, and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in E.O. 11246, as amended. In addition, sanctions may be imposed, and remedies invoked against the Contractor as provided in E.O.

11246, as amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise provided by law.

(f) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph(f), in all subcontracts that exceed $10,000 and are not exempted by the rules, regulations, or orders of the Secretary of Labor issued under E.O. 11246, as amended, so that these terms and conditions will be binding upon each subcontractor

(2) The Contractor shall take such action with respect to any subcontract as the Director of OFCCP may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance, provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor as a result of such direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

(End of clause)

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.202-1 Definitions. Jun 2020 52.203-3 Gratuities. Apr 1984 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.208-9 Contractor Use of Mandatory Sources of Supply or Services. May 2014 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023 52.223-6 Drug-Free Workplace. May 2001 52.223-10 Waste Reduction Program. (DEVIATION 2025-O0004) May 2024 Deviation 2025-O0004 Mar 2025 52.223-23 Sustainable Products and Services. (DEVIATION 2025-O0004) May 2024 Deviation 2025-O0004 Mar 2025 52.232-17 Interest. May 2014 52.232-18 Availability of Funds. Apr 1984 52.232-23 Assignment of Claims. May 2014 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.233-1 Disputes. May 2014 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. Apr 1984 52.237-3 Continuity of Services. Jan 1991 52.243-1 Changes-Fixed-Price. Aug 1987 52.243-4 Changes. Jun 2007 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). Apr 1984 52.249-2 Termination for Convenience of the Government (Fixed-Price). Apr 2012 52.249-8 Default (Fixed-Price Supply and Service). Apr 1984 52.249-14 Excusable Delays. Apr 1984 52.253-1 Computer Generated Forms. Jan 1991

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies. Jan 2023 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. (DEVIATION

2024-O0013 REVISION 1)

May 2024 Deviation 2024-O0013 May 2024

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Jan 2023

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

May 2019

252.223-7004 Drug-Free Work Force. Sep 1988 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.225-7001 Buy American and Balance of Payments Program. Feb 2024 252.225-7002 Qualifying Country Sources as Subcontractors. Mar 2022 252.225-7007 Prohibition on Acquisition of Certain Items from Communist Chinese Military Companies. Dec 2018 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. Jan 2023 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten. May 2024 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023 252.232-7010 Levies on Contract Payments. Dec 2006 252.239-7013 Term of Agreement and Continuation of Services. Oct 2019 252.239-7018 Supply Chain Risk. Dec 2022 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.247-7023 Transportation of Supplies by Sea. Oct 2024

FAR Clauses Incorporated by Full Text

52.204-1 Approval of Contract. (Dec 1989)

As prescribed in , insert the following clause:4.103

Approval of Contract (Dec 1989)

This contract is subject to the written approval of and shall not be binding until so approved.502 CONS Contracting Officer

(End of clause)

52.232-1 Payments. (Apr 1984)

As prescribed in 32.111(a)(1), insert the following clause, appropriately modified with respect to payment due date in accordance with agency regulations, in solicitations and contracts when a fixed-price supply contract, a fixed-price service contract, or a contract for nonregulated communication services is contemplated:

Payments (Apr 1984)

The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if-

(a) The amount due on the deliveries warrants it; or

(b) The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price.

(End of clause)

52.232-25 Prompt Payment. (Jan 2017)

Prompt Payment (Jan 2017)

Notwithstanding any other payment clause in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer (EFT). Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified.

(However, see paragraph (a)(4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.)

(a) Invoice payments-

(1) Due date.

(i) Except as indicated in paragraphs (a)(2) and (c) of this clause, the due date for making invoice payments by the designated payment office is the later of the following two events:

(A) The 30 thday after the designated billing office receives a proper invoice from the Contractor (except as provided in paragraph (a)(1)(ii) of this clause).

(B) The 30 thday after Government acceptance of supplies delivered or services performed. For a final invoice, when the payment amount is subject to contract settlement actions, acceptance is deemed to occur on the effective date of the contract settlement.

(ii) If the designated billing office fails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice payment due date is the 30 thday after the date of the Contractor's invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

(2) Certain food products and other payments.

(i) Due dates on Contractor invoices for meat, meat food products, or fish; perishable agricultural commodities; and dairy products, edible fats or oils, and food products prepared from edible fats or oils are-

(A) For meat or meat food products, as defined in section 2(a)(3) of the Packers and Stockyard Act of1921 (7 U.S.C.182(3)), and as further defined in Pub.L.98-181, including any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, as close as possible to, but not later than, the 7 thday after product delivery.

(B) For fresh or frozen fish, as defined in section 204(3) of the Fish and Seafood Promotion Act of1986 (16 U.S.C.4003(3)), as close as possible to, but not later than, the 7 thday after product delivery.

(C) For perishable agricultural commodities, as defined in section 1(4) of the Perishable Agricultural Commodities Act of1930 (7 U.S.C.499a(4)), as close as possible to, but not later than, the 10 thday after product delivery, unless another date is specified in the contract.

(D) For dairy products, as defined in section 111(e) of the Dairy Production Stabilization Act of1983 (7 U.S.C.4502(e)), edible fats or oils, and food products prepared from edible fats or oils, as close as possible to, but not later than, the 10 thday after the date on which a proper invoice has been received. Liquid milk, cheese, certain processed cheese products, butter, yogurt, ice cream, mayonnaise, salad dressings, and other similar products, fall within this classification.

Nothing in the Act limits this classification to refrigerated products. When questions arise regarding the proper classification of a specific product, prevailing industry practices will be followed in specifying a contract payment due date. The burden of proof that a classification of a specific product is, in fact, prevailing industry practice is upon the Contractor making the representation.

(ii) If the contract does not require submission of an invoice for payment (e.g., periodic lease payments), the due date will be as specified in the contract.

(3) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraphs (a)(3)(i) through (a)(3)(x) of this clause. If the invoice does not comply with these requirements, the designated billing office will return it within 7 days after receipt (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice. The Government will take into account untimely notification when computing any interest penalty owed the Contractor.

(i) Name and address of the Contractor.

(ii) Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and line item number).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(viii) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(ix) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer- Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(x) Any other information or documentation required by the contract (e.g., evidence of shipment).

(4) Interest penalty. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(4)(i) through (a)(4)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated payment office may make payment on the following working day without incurring a late payment interest penalty.

(i) The designated billing office received a proper invoice.

(ii) The Government processed a receiving report or other Government documentation authorizing payment, and there was no disagreement over quantity, quality, or Contractor compliance with any contract term or condition.

(iii) In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount was not subject to further contract settlement actions between the Government and the Contractor.

(5) Computing penalty amount. The Government will compute the interest penalty in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR Part 1315.

(i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur constructively on the 7 thday (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

(ii) The prompt payment regulations at 5 CFR1315.10(c) do not require the Government to pay interest penalties if payment delays are due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. The Government and the Contractor shall resolve claims involving disputes and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes.

(6) Discounts for prompt payment. The designated payment office will pay an interest penalty automatically, without request from the Contractor, if the Government takes a discount for prompt payment improperly. The Government will calculate the interest penalty in accordance with the prompt payment regulations at 5 CFR Part 1315.

(7) Additional interest penalty.

(i) The designated payment office will pay a penalty amount, calculated in accordance with the prompt payment regulations at 5 CFR Part 1315 in addition to the interest penalty amount only if-

(A) The Government owes an interest penalty of $1 or more;

(B) The designated payment office does not pay the interest penalty within 10 days after the date the invoice amount is paid; and

(C) The Contractor makes a written demand to the designated payment office for additional penalty payment, in accordance with paragraph (a)(7)(ii) of this clause, postmarked not later than 40 days after the invoice amount is paid.

(ii)

(A) The Contractor shall support written demands for additional penalty payments with the following data. The Government will not request any additional data. The Contractor shall-

(1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late payment interest penalty and such additional penalty as may be required;

(2) Attach a copy of the invoice on which the unpaid late payment interest is due; and

(3) State that payment of the principal has been received, including the date of receipt.

(B) If there is no postmark or the postmark is illegible-

(1) The designated payment office that receives the demand will annotate it with the date of receipt, provided the demand is received on or before the 40th day after payment was made; or

(2) If the designated payment office fails to make the required annotation, the Government will determine the demand's validity based on the date the…