Solicitation - FA461024B0003.pdf

(See ).

SOLICITATION, OFFER,

AND AWARD

(Construction, Alteration, or Repair) IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.

9. FOR

INFORMATION CALL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".

SOLICITATION

1. SOLICITATION NUMBER

5. REQUISITION/PURCHASE REQUEST NUMBER

CODE

6. PROJECT NUMBER

8. ADDRESS OFFER TO

4. CONTRACT NUMBER

7. ISSUED BY

10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)

11. The contractor shall begin performance within

12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?

(If "YES", indicate within how many calendar days after award in Item 12b.)

13. ADDITIONAL SOLICITATION REQUIREMENTS:

a. Sealed offers in original and

b. An offer guarantee

c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.

d. Offers providing less than

STANDARD FORM 1442 (REV. 12/2022)

Prescribed by GSA - FAR (48 CFR) 53.236-1(d) calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.

is, is not required.

local time containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.

(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes copies to perform the work required are due at the place specified in Item 8 by (hour) award, YES NO notice to proceed. This performance period is mandatory negotiable.

calendar days and complete it within calendar days after receiving

a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)

12b. CALENDAR DAYS

2. TYPE OF SOLICITATION

SEALED BID (IFB)

INVITATION FOR BID

NEGOTIATED (RFP)

REQUEST FOR PROPOSAL

3. DATE ISSUED PAGE OF PAGES

AWARD (To be completed by Government)

17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement by the Government in writing within stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)

OFFER (Must be fully completed by offeror)

AMOUNTS

18. The offeror agrees to furnish any required performance and payment bonds.

19. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)

AMENDMENT

NUMBER

DATE

CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE

14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)

CODE FACILITY CODE

15. TELEPHONE NUMBER (Include area code)

16. REMITTANCE ADDRESS (Include only if different than Item 14.)

20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)

21. ITEMS ACCEPTED:

22. AMOUNT

26. ADMINISTERED BY

30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)

31c. DATE

STANDARD FORM 1442 (REV. 12/2022) BACK

31b. UNITED STATES OF AMERICA

BY

31a. NAME OF CONTRACTING OFFICER (Type or print)

29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.

30b. SIGNATURE 30c. DATE

28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.

copies to issuing office.) Contractor agrees to furnish

24. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

23. ACCOUNTING AND APPROPRIATION DATA

ITEM

25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES

CODE AT

27. PAYMENT WILL BE MADE BY

10 U.S.C. 3204(a) ( ) 41 U.S.C. 3304(a) ( )

20b. SIGNATURE 20c. OFFER DATE

Section A - Solicitation/Contract Form

2024 Simplified Acquisition of Base Engineering Requirements Indefinite Delivery Indefinite Quantity contract

Product Service Code: Z2JZ

FA461024B0003

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Estimated Quantity

Unit Unit Price Amount

Base Year 18 Nov 24 - 17 Nov 25

The contractor shall perform maintenance, repair, and minor construction IAW Attachment 1, Simplified Acquisition of Base Engineering Requirement (SABER) Master Specifications, and as identified by other specific specifications/work statements in each Task Order issued against the contract.

COEFFICIENT - to be completed by Offeror: __________________

Product Service Code: Z2JZ Pricing Arrangement: Firm Fixed Price

1,000 Job

SABER Minimum Guarantee -- The contractor shall attend the Pre-Performance Construction Meeting following contract award.

Date and time of meeting are to be determined and will be coordinated with all awardees.

Product Service Code: Z2JZ Pricing Arrangement: Firm Fixed Price

1 Job

Option Line Item

Option Year 1 18 Nov 25 - 17 Nov 26

The contractor shall perform maintenance, repair, and minor construction IAW Attachment 1, Simplified Acquisition of Base Engineering Requirement (SABER) Master Specifications, and as identified by other specific specifications/work statements in each Task Order issued against the contract.

COEFFICIENT - to be completed by Offeror: _________________________

Product Service Code: Z2JZ Pricing Arrangement: Firm Fixed Price

1,000 Job

Option Year 2 18 Nov 26 - 17 Nov 27

The contractor shall perform maintenance, repair, and minor

Option Line Item construction IAW Attachment 1, Simplified Acquisition of Base Engineering Requirement (SABER) Master Specifications, and as identified by other specific specifications/work statements in each Task Order issued against the contract.

COEFFICIENT - to be completed by Offeror: _________________________

Pricing Arrangement: Firm Fixed Price

1,000 Job

Option Line Item

Option Year 3 18 Nov 27 - 17 Nov 28

The contractor shall perform maintenance, repair, and minor construction IAW Attachment 1, Simplified Acquisition of Base Engineering Requirement (SABER) Master Specifications, and as identified by other specific specifications/work statements in each Task Order issued against the contract.

COEFFICIENT - to be completed by Offeror: _________________________

Pricing Arrangement: Firm Fixed Price

1,000 Job

Option Line Item

Option Year 4 18 Nov 28 - 17 Nov 29

The contractor shall perform maintenance, repair, and minor construction IAW Attachment 1, Simplified Acquisition of Base Engineering Requirement (SABER) Master Specifications, and as identified by other specific specifications/work statements in each Task Order issued against the contract.

COEFFICIENT - to be completed by Offeror: _________________________

Pricing Arrangement: Firm Fixed Price

1,000 Job

Additional Six (6) Month Extension Option in accordance with FAR 52.217-8 18 Nov 29 - 17 May 30

The contractor shall perform maintenance, repair, and minor construction IAW Attachment 1, Simplified Acquisition of Base Engineering Requirement (SABER) Master Specifications, and as identified by other specific specifications/work statements in each Task Order issued against the contract.

COEFFICIENT - to be completed by Offeror: _________________________

Pricing Arrangement: Firm Fixed Price

1,000 Job

Section C - Description/Specifications/Statement of Work

SPECIFICATIONS

See SABER Master Specifications in Section J.

Requirements

INDEFINTIE DELIVERY, INDEFINITE QUANTITY (IDIQ) SIMPLIFIED ACQUISITION OF BASE

ENGINEERING REQUIREMENTS (SABER) AT VANDENBERG SFB, CA

A. This is a request for proposal for a SABER Program at Vandenberg SFB, CA.

B. Resulting from this solicitation will be the award of a maximum of three (3) Firm-Fixed-Price, IDIQ contracts.

C. Task Orders awarded under competitive procedures (Fair Opportunity).

D. Maximum dollar amount for all contracts combined is $60,000,000.00. Task Orders will range from $2,000 to $5,000,000. Minimum Guarantee is $2,000.

E. In block 12a: Payment and performance bonds shall be obtained for each Task Order for 100% of the Task Order value. See Attachment 1, SABER Master Specifications, Section 01 00 00 paragraph 1.4.7.

F. SABER Master Specifications See Section J.

G. A Pre-Bid Conference is planned for 16 July 2024.

H. Pre-Bid RFIs are due by 23 July 2024 I. RSVPs for the Pre-Bid Conference and Pre-Bid RFIs shall be submitted to VSFBSABER2024@groups.af.mil

Section D - Packaging and Marking

Section E - 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 52.246-12 Inspection of Construction. Aug 1996 52.246-16 Responsibility for Supplies. Apr 1984

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination

DoDAAC: FA4610 CountryCode: USA

FA4610 30 CONS PK

ADMINISTRATIVE ONLY NO REQUISITIONS, 1515 ICELAND AVE RM 150

VANDENBERG SFB, CA 93437-5212

UNITED STATES

Inspection and Acceptance Location

Both Destination Instructions: Contractor shall attend a Pre-Performance Construction in accordance with SABER Master Specifications paragraph 1.4.1.a.

DoDAAC: FA4610 CountryCode: USA

FA4610 30 CONS PK

ADMINISTRATIVE ONLY NO REQUISITIONS, 1515 ICELAND AVE RM 150

VANDENBERG SFB, CA 93437-5212

UNITED STATES

Alyson Kolding Email: alyson.kolding@spaceforce.mil Telephone: 805-606-2164

Section F - Deliveries or Performance

Overall Contract Delivery Period

From 17 Oct 2024 to 17 Nov 2025

From date of lead time event to beginning of performance 10 Calendar Days Date of Award Receipt

From date of lead time event to completion of performance 365 Calendar Days Date of Award Receipt

Line Item Delivery Schedule Estimated Quantity

Address and POC

Delivery Period From 18 Nov 2024 to 17 Nov 2025

1,000 Job Place of Performance DoDAAC: F4D3D9 CountryCode: USA

30 CES CENS CP 8056052864

AF BPN NO MILSBILLS PROCESSES, 1172

ICELAND AVE BLDG 11433

VANDENBERG AFB, CA 93437-5000

UNITED STATES

Russel Martin Email: russell.martin.2@spaceforce.mil Telephone: 805-605-2864

Period of Performance From 18 Nov 2024 To 17 Nov 2025

Delivery Schedule From date of lead time event to completion of performance 30 Calendar Days Date of Award

1 Job Place of Performance DoDAAC: FA4610 CountryCode: USA

FA4610 30 CONS PK

ADMINISTRATIVE ONLY NO REQUISITIONS, 1515

ICELAND AVE RM 150

VANDENBERG SFB, CA 93437-5212

UNITED STATES

Alyson Kolding Email: alyson.kolding@spaceforce.mil Telephone: 805-606-2164

Period of Performance From 17 Oct 2024 To 18 Nov 2024

Delivery Period From 18 Nov 2025 to 17 Nov 2026

1,000 Job Place of Performance DoDAAC: F4D3D9 CountryCode: USA

30 CES CENS CP 8056052864

AF BPN NO MILSBILLS PROCESSES, 1172

ICELAND AVE BLDG 11433

VANDENBERG AFB, CA 93437-5000

UNITED STATES

Russell Martin Email: russell.martin.2@spaceforce.mil Telephone: 805-605-2864

Period of Performance From 18 Nov 2025 To 17 Nov 2026

Option Line Item

Delivery Period From 18 Nov 2026 to 17 Nov 2027

1,000 Job Place of Performance DoDAAC: F4D3D9 CountryCode: USA

30 CES CENS CP 8056052864

AF BPN NO MILSBILLS PROCESSES, 1172

ICELAND AVE BLDG 11433

VANDENBERG AFB, CA 93437-5000

UNITED STATES

Russell Martin Email: russell.martin.2@spaceforce.mil Telephone: 805-605-2864

Period of Performance From 18 Nov 2026 To 17 Nov 2027

Option Line Item

Delivery Period From 18 Nov 2027 to 17 Nov 2028

1,000 Job Place of Performance DoDAAC: F4D3D9 CountryCode: USA

30 CES CENS CP 8056052864

AF BPN NO MILSBILLS PROCESSES, 1172

ICELAND AVE BLDG 11433

VANDENBERG AFB, CA 93437-5000

UNITED STATES

Russell Martin Email: russell.martin.2@spaceforce.mil Telephone: 805-605-2864

Period of Performance From 18 Nov 2027 To 17 Nov 2028

Option Line Item

Delivery Period From 18 Nov 2028 to 17 Nov 2029

1,000 Job Place of Performance DoDAAC: F4D3D9 CountryCode: USA

30 CES CENS CP 8056052864

AF BPN NO MILSBILLS PROCESSES, 1172

ICELAND AVE BLDG 11433

VANDENBERG AFB, CA 93437-5000

UNITED STATES

Russell Martin Email: russell.martin.2@spaceforce.mil Telephone: 805-605-2864

Period of Performance

From 18 Nov 2028 To 17 Nov 2029

Option Line Item

Delivery Period From 18 Nov 2029 to 17 May 2030

1,000 Job Place of Performance DoDAAC: F4D3D9 CountryCode: USA

30 CES CENS CP 8056052864

AF BPN NO MILSBILLS PROCESSES, 1172

ICELAND AVE BLDG 11433

VANDENBERG AFB, CA 93437-5000

UNITED STATES

Russell Martin Email: russell.martin.2@spaceforce.mil Telephone: 805-605-2864

Period of Performance From 18 Nov 2029 To 17 May 2030

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.211-17 Delivery of Excess Quantities. Sep 1989 52.242-17 Government Delay of Work. Apr 1984 52.247-34 F.o.b. Destination. Nov 1991

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (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 Electronic invoicing.

authorized by 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 WAWF training.

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

Protocol.

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

WAWF for this 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.

CONSTRUCTION AND FACILITIES MANAGEMENT INVOICE

(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.

CONSTRUCTION INVOICE

(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 Document routing.

when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC ____TO BE IDENTIFIED ON TASK ORDERS AS APPLICABLE

Issue By DoDAAC ____

Admin DoDAAC ____

Inspect By DoDAAC ____

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

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

accordance 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.

TO BE IDENTIFIED ON TASK ORDERS AS APPLICABLE

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

(End of clause)

Section H - Special Contract Requirements

ON / OFF RAMPING

1. ON-RAMPING: The Government, at its sole discretion, may choose to On-Ramp any number of Indefinite-Delivery/Indefinite-Quantity (IDIQ) contracts at any time during the term of the SABER IDIQ contract: 1) to ensure an adequate number of awardees are available to provide the level of effort and competition needed to support the program, 2) to replace poor performing IDIQ awardees, 3) to replace IDIQ awardees who fail to comply with the SABER program requirements such as proposing on all fair opportunity proposal requests, or 4) when the Contracting Officer (CO) determines it is in the Government's best interest.

Upon contract award, a maximum of three (3) SABER IDIQ contracts will be awarded with an effective date of "To Be Determined (TBD)" for "On- Ramping" purposes. However, the Government reserves the right to award more, less, or no contracts at all, if determined to be in the best interest of the Government. The minimum guarantee for any TBD IDIQ will be issued upon completion of the bilateral modification described in Method 1 paragraph b below. The Government also reserves the right to on-ramp additional contractors during the life of this IDIQ contract by using one (1) of the following methods:

Method 1:

a. The Government will select the lowest total evaluated priced TBD IDIQ awardee(s). TBD IDIQ awardee(s) must be an active participant in the SBA's 8(a) program to be considered eligible for on-ramping purposes.

b. As described in FAR 9.104 and in Section M of the solicitation, the Government will conduct a contractor responsibility determination annually, at a minimum and reserves the right to conduct another responsibility determination prior to on-ramping a TBD IDIQ awardee. If determined responsible, the Government will bilaterally modify the TBD effective date of the TBD awardee to activate it as of the modification date, or an agreed upon date by both parties.

i. If a TBD IDIQ awardee is found non-responsible, the CO will comply with FAR 19.6, Certificates of Competency and Determinations of Responsibility. TBD IDIQ awardees determined to be non-responsible may be terminated upon SBA concurrence.

ii. If the TBD IDIQ awardee does not accept the Government's bilateral modification action to make the IDIQ contract effective, the Government will off-ramp that TBD IDIQ awardee and the next lowest-priced TBD IDIQ awardee will be considered for on-ramping.

c. On-Ramp IDIQ contracts will be made effective under the originally awarded SABER IDIQ terms and conditions. If any adjustments need to be made to the terms and conditions (e.g., to account for any contract modifications), the Government will issue a bilateral modification to the newly-effective IDIQ contract making it consistent with the existing IDIQ contracts.

d. Within 30 days of on-ramping a contractor, the Government will notify all existing IDIQ awardee(s).

e. The newly on-ramped effective IDIQ awardee will immediately be able to compete for task orders (excluding the need to meet the minimum guarantee amount). The overall contract ceiling and contract length will not be extended for newly on-ramped effective IDIQ awardees.

Method 2:

a. If the Government runs out of TBD IDIQ awardees due to either non-responsible determinations or TBD IDIQ awardees not accepting the modification, or if the Government determines it to be in its best interest, the Government may resolicit this requirement by reopening competition to unsuccessful awardees, off-ramped contractors, and/or other interested parties. This could happen at any time during the term of the SABER IDIQ contract to on-ramp new awardees utilizing the same evaluation criteria used in the initial SABER awards.

b. When a re-competition to on-ramp a new contractor(s) is determined to be in the best interest of the Government, the Government will advertise this information on the System for Award Management (SAM) website at https://www.sam.gov/. Current effective IDIQ awardees will not need to re-compete. Any contractor that has been off-ramped from this contract will not be eligible to recompete for potential on-ramping under this method.

c. Within 30 days on on-ramping a contractor, the Government will notify all existing IDIQ awardee(s).

d. New SABER IDIQ awardee(s) will compete with the existing SABER IDIQ awardees for all task orders (excluding the need to meet the minimum guarantee amount). The overall contract ceiling and contract length will not be extended for new on-ramp effective IDIQ awardees.

2. OFF-RAMPING: While it is the Government's intent to maintain a strategic relationship with IDIQ contractors for the duration of the SABER, the Government may, at its sole discretion, choose to off-ramp an IDIQ awardee at any time during the term of the SABER IDIQ contract: 1) to replace IDIQ awardees with poor performance (e.g., late performance or being assessed liquidated damages on task orders, overall performance assessment rating of Marginal or Unsatisfactory in the Contractor Performance Assessment Reporting System (CPARS), unresponsiveness to warranty work, failure to provide responsive customer service, unsafe site conditions, etc.), 2) to replace IDIQ awardees within who fail to comply with SABER program requirements such as proposing on all fair opportunity proposal requests, or 3) if the TBD IDIQ awardee does not accept the Government's bilateral modification action to make the IDIQ contract effective.

The Government intends to review annually, at the anniversary date of the contract award, the overall performance of the effective IDIQ contract holders. Following the review, the Government reserves the right to off-ramp contractors during the life of this IDIQ contract by using one (1) of the following approaches: 1) termination in accordance with FAR Part 49, or 2) by not exercising an option in accordance with FAR Part 17.

For effective IDIQ awardees where the Government decides not to exercise the option, the Government will provide a 30-calendar day written notice of its intention to off-ramp. If the Government determines an affected IDIQ awardee will be off-ramped, the effective IDIQ awardee will not be allowed, as of that date, to actively participate in upcoming task order proposal requests. However, the effective IDIQ awardee will be required to complete all task orders awarded prior to the off-ramp determination date. For TBD awardees, no written notice will be given.

MINIMUM GUARANTEE

The minimum guarantee of $2,000.00 per contract will be satisfied by the issuance of the first task order for the Pre- Performance Construction Meeting to be held following award.

252.225-7966 Prohibition Regarding Russian Fossil Fuel Business Operations -- Representation (Deviation 2024-O0006)

Use the following provision in solicitations that include the clause at 252.225-7967:

PROHIBITION REGARDING RUSSIAN FOSSIL FUEL BUSINESS OPERATIONS -- REPRESENTATION (FEB 2024)

(a) The terms and have the meanings given in the 252.225-7067 clause of this solicitation.Definitions. business operations fossil fuel company

(b) By submission of an offer, the Offeror represents it is not, or that it does not knowingly have fossil fuel business operations Representation.

with an entity or individual that is, 50 percent or more owned, individually or collectively, by --

(1) An authority of the government of the Russian Federation; or

(2) A fossil fuel company that operates in the Russian Federation, except if the fossil fuel company transports oil or gas --

(i) Through the Russian Federation for sale outside of the Russian Federation; and

(ii) That was extracted from a country other than the Russian Federation with respect to the energy sector of which the President has not imposed sanctions as of the date on which the contract is awarded.

(End of provision)

252.225-7967 Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024-O0006) As prescribed in Class Deviation 2024-O0006), use the following clause:

PROHIBITION REGARDING RUSSIAN FOSSIL FUEL OPERATIONS (DEVIATION 2024-O0006) (FEB 2024)

(a) As used in this clause --Definitions.

"Business operations" means knowingly engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other known apparatus of business or commerce. The term does not include --

(1) Any shipment subject to price caps as specified in the --

(i) "Statement of the G7 and Australia on a Price Cap for Seaborne Russian-Origin Crude Oil", issued on December 2, 2022, between member countries of that coalition; or

(ii) "Statement of the G7 and Australia on Price Caps for Seaborne Russian-Origin Petroleum Products Berlin, Brussels, Canberra, London, Ottawa, Paris, Rome, Tokyo, Washington", issued on February 4, 2023, between such members, if such shipment complies with the applicable price caps; or

(A) Actions taken for the benefit of the country of Ukraine, as determined by the Secretary; or

(B) Actions taken to support the suspension or termination of business operations for commercial activities during the period beginning on the effective date and ending on December 31, 2029, including --

(1) Any action to secure or divest from facilities, property, or equipment;

(2) The provision of products or services provided to reduce or eliminate operations in territory internationally recognized as the Russian Federation or to comply with sanctions relating to the Russian Federation; and;

(3) Activities that are incident to liquidating, dissolving, or winding down a subsidiary or legal entity in Russia.

means an entity or individual that --Fossil fuel company

(1) Carries out oil, gas, or coal exploration, development, or production activities;

(2) Processes or refines oil, gas, or coal; or

(3) Transports, or constructs facilities for the transportation of, Russian oil, gas, or coal.

(b) In accordance with section 804 of the National Defense Authorization Act for Fiscal Year 2024 (Pub. L. 118-31), the Contractor Prohibition.

is prohibited from entering into a subcontract or other contractual instrument for the procurement of products or services with any entity or individual that is known to be, or that is known to have fossil fuel business operations with an entity or individual that is, not less than 50 percent owned, individually or collectively, by --

(1) An authority of the government of the Russian Federation; or

(2) A fossil fuel company that operates in the Russian Federation, except if the fossil fuel company transports oil or gas --

(i) Through the Russian Federation for sale outside of the Russian Federation; and

(ii) That was extracted from a country other than the Russian Federation with respect to the energy sector of which the President has not imposed sanctions as of the date of which the contract is awarded.

(c) The contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts and other contractual Subcontracts.

instruments, including those for the acquisition of commercial products or commercial services.

(End of Clause)

DFARS Clauses Incorporated by Full Text

252.211-7003 Item Unique Identification and Valuation. (Jan 2023)

As prescribed in 211.274-6(a)(1), use the following clause:

ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

(a) . As used in this clause- Definitions

"Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

"Concatenated unique item identifier" means-

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

"Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.

"Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

"DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at . https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html

"DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

" Enterprise " means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

" Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing agency.

"Government's unit acquisition cost" means-

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.

"Issuing agency" means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

"Issuing agency code" means a code that designates the registration (or controlling) authority for the enterprise identifier.

"Item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

" Lot or batch number" means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

"Machine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

"Original part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

"Parent item" means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

"Serial number within the enterprise identifier" means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

"Serial number within the part, lot, or batch number" means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

"Serialization within the enterprise identifier" means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

"Serialization within the part, lot, or batch number" means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

"Type designation" means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

"Unique item identifier" means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

"Unique item identifier type" means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at .https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier.

(1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

N/A____

(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

(If items are identified in the Schedule, insert "See Schedule in this table.)

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number .____

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number .____

(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology - International symbology specification - Data matrix; ECC200 data matrix specification.

(4) The Contractor shall ensure that- Data syntax and semantics of unique item identifiers.

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH

10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology - Transfer Syntax for High Capacity Automatic Data Capture Media.

(5) . Unique item identifier

(i) The Contractor shall-

(A) Determine whether to-

Serialize within the enterprise identifier; (1)

Serialize within the part, lot, or batch number; or (2)

Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and (3)

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.

(ii) The issuing agency code-

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) Enterprise identifier (if concatenated unique item identifier is used).

(5) Original part number (if there is serialization within the original part number).

(6) Lot or batch number (if there is serialization within the lot or batch number).

(7) Current part number (optional and only if not the same as the original part number).

(8) Current part number effective date (optional and only if current part number is used).

(9) Serial number (if concatenated unique item identifier is used).

(10) Government's unit acquisition cost.

(11) Unit of measure.

(12) Type designation of the item as specified in the contract schedule, if any.

(13) Whether the item is an item of Special Tooling or Special Test Equipment.

(14) Whether the item is covered by a warranty.

(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:

(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.

(2) Unique item identifier of the embedded subassembly, component, or part.

(3) Unique item identifier type.**

(4) Issuing agency code (if concatenated unique item identifier is used).**

(5) Enterprise identifier (if concatenated unique item identifier is used).**

(6) Original part number (if there is serialization within the original part number).**

(7) Lot or batch number (if there is serialization within the lot or batch number).**

(8) Current part number (optional and only if not the same as the original part number).**

(9) Current part number effective date (optional and only if current part number is used).**

(10) Serial number (if concatenated unique item identifier is used).**

(11) Description.

** Once per item.

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:

(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/.

(2) Embedded items shall be reported by one of the following methods-

(i) Use of the embedded items capability in WAWF;

(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site /uidregistry/; or

(iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) , Unique Item Identifier Report for Embedded ____ Items, Contract Data Requirements List, DD Form 1423.

(g) . If the Contractor acquires by subcontract, any item(s) for which item unique identification is required in accordance with Subcontracts paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial products or commercial services.

(End of clause)

Section I - Contract Clauses

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 52.203-5 Covenant Against Contingent Fees. May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 52.203-7 Anti-Kickback Procedures. Jun 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. May 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.203-13 Contractor Code of Business Ethics and Conduct. Nov 2021 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. May 2011 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 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

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.

Dec 2023

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

Nov 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.210-1 Market Research. Nov 2021 52.211-5 Material Requirements. Aug 2000 52.214-26 Audit and Records-Sealed Bidding. Jun 2020

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data-Modifications-Sealed Bidding.

Jun 2020

52.214-28 Subcontractor Certified Cost or Pricing Data-Modifications-Sealed Bidding. Jun 2020 52.214-29 Order of Precedence-Sealed Bidding. Jan 1986 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.219-8 Utilization of Small Business Concerns. Sep 2023 52.219-13 Notice of Set-Aside of Orders. Mar 2020 52.219-33 Nonmanufacturer Rule. Sep 2021 52.222-3 Convict Labor. Jun 2003 52.222-6 Construction Wage Rate Requirements. Aug 2018 52.222-7 Withholding of Funds. May 2014 52.222-8 Payrolls and Basic Records. Jul 2021 52.222-9 Apprentices and Trainees. Jul 2005 52.222-10 Compliance with Copeland Act Requirements. Feb 1988 52.222-11 Subcontracts (Labor Standards). May 2014 52.222-12 Contract Termination-Debarment. May 2014 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. May 2014 52.222-14 Disputes Concerning Labor Standards. Feb 1988 52.222-15 Certification of Eligibility. May 2014 52.222-19 Child Labor-Cooperation with Authorities and Remedies. Nov 2023 52.222-21 Prohibition of Segregated Facilities. Apr 2015 52.222-26 Equal Opportunity. Sep 2016 52.222-27 Affirmative Action Compliance Requirements for Construction. Apr 2015

52.222-30 Construction Wage Rate Requirements-Price Adjustment (None or Separately Specified Method).

Aug 2018

52.222-35 Equal Opportunity for Veterans. Jun 2020 52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.222-37 Employment Reports on Veterans. Jun 2020 52.222-50 Combating Trafficking in Persons. Nov 2021 52.222-54 Employment Eligibility Verification. May 2022 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. Jan 2022 52.222-62 Paid Sick Leave Under Executive Order 13706. Jan 2022 52.223-5 Pollution Prevention and Right-to-Know Information. May 2011 52.223-6 Drug-Free Workplace. May 2001 52.223-17 Affirmative Procurement of EPA-designated Items in Service and Construction Contracts. Aug 2018

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Jun 2020 52.223-20 Aerosols. Jun 2016 52.223-21 Foams. Jun 2016 52.224-3 Privacy Training. Jan 2017 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.227-1 Authorization and Consent. Jun 2020 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement. Jun 2020 52.227-4 Patent Indemnity-Construction Contracts. Dec 2007 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.229-3 Federal, State, and Local Taxes. Feb 2013 52.229-12 Tax on Certain Foreign Procurements. Feb 2021 52.232-17 Interest. May 2014 52.232-23 Assignment of Claims. May 2014 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-1 Disputes. May 2014 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.236-2 Differing Site Conditions. Apr 1984 52.236-3 Site Investigation and Conditions Affecting the Work. Apr 1984 52.236-5 Material and Workmanship. Apr 1984 52.236-6 Superintendence by the Contractor. Apr 1984 52.236-7 Permits and Responsibilities. Nov 1991 52.236-8 Other Contracts. Apr 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements. Apr 1984 52.236-10 Operations and Storage Areas. Apr 1984 52.236-11 Use and Possession Prior to Completion. Apr 1984 52.236-12 Cleaning Up. Apr 1984 52.236-13 Accident Prevention. Nov 1991 52.236-13 Accident Prevention. (Alternate I) Nov 1991 Alternate I Nov 1991 52.236-15 Schedules for Construction Contracts. Apr 1984 52.236-17 Layout of Work. Apr 1984 52.236-21 Specifications and Drawings for Construction. Feb 1997 52.242-13 Bankruptcy. Jul 1995 52.242-14 Suspension of Work. Apr 1984 52.243-1 Changes-Fixed-Price. Aug 1987 52.243-4 Changes. Jun 2007 52.244-6 Subcontracts for Commercial Products and Commercial Services. Dec 2023 52.246-26 Reporting Nonconforming Items.