Solicitation FA564120Q0003.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

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

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NAICS:

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8 (A)

EDWOSB

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

FA564120Q0003

Maria Kuper 314- 489-7113 8/3/2020 3:00 PM Non-US

FA5641

FA5641 764 SCONS PK

APO AE 09094-3187

UNIT 3187

APO, AE 09094-3187

United States Maria Kuper

337122

See Schedule

SEE SCHEDULE

A006931

FA564120Q0003

Solicitation/Contract Form

Supplies or Services and Prices/Cost

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Foldable Wardrobes - 50kg Model / Oak or Cherry color. (Color will be specified in each call) Firm Fixed Price

Each

Foldable Wardrobes - 70kg Model / Oak or Cherry color. (Color will be specified in each call) Firm Fixed Price

Each

Description/Specifications/Statement of Work

BPA TERMS AND CONDITIONS

FOLDABLE WARDROBES

1. DESCRIPTION OF AGREEMENT

This multiple award BPA is for foldable wooden wardrobes for U.S. military personnel stationed in Europe, if and when requested by a Contracting Officer (CO), an authorized representative of a CO (Authorized Caller) or a Government Purchase Card (GPC) holder. Users are the U.S. Air Forces in Europe (USAFE) and the U.S.

Army in Europe (USAREUR). Although locations covered by this multiple award BPA are in Germany, Italy, Spain, Portugal (Lajes Field, Azores), Norway and the United Kingdom (U.K.), it may be utilized by DoD affiliated agencies and at outlying U.S. military installations throughout Europe. The BPA holders shall provide foldable wardrobes as described in the specifications for wardrobes weighing up to 154lbs/70kg, as well as for light weight wardrobes weighing up to 110lbs/50 kg. The foldable wardrobes shall have 2 doors. The wardrobe may be assembled/disassembled by one person without using tools, and once assembled, it will be stable as one piece to be moved, lifted or turned around without any danger of collapsing. The entire foldable wardrobe shall consist of one piece item without any loose parts. The erected wardrobe shall be stable once unfolded. The approximate size of each wardrobe is 72" x 36" x 24" (183 cm x 90 cm x 60 cm). Delivery time shall be between 60 and 100 calendar days, depending on the size of the order.

2. DURATION OF MULTIPLE AWARD BPAs The multiple award BPA will be in effect for no longer than five (5) years from the date of the award. USAFE and USAREUR estimate spending approximately $5.9 million under this program across all BPAs over the course of ten (5) years. This number is an estimate and not intended to be a ceiling. The BPA holder's responsibility to delivery against calls may extend beyond the effective period of this multiple award BPA.

However, no new calls may be placed once the five (5) year period has expired.

3. EXTENT OF OBLIGATION

The US Government is obligated only to the extent of authorized calls actually placed against this multiple award BPA. This award BPA shall not be construed as a Government guarantee to issue calls.

4. PRICING

Prices charged by the contractor to the US Government shall be as low as or lower than those charged to the contractor's most favored customer in addition to any discounts for prompt payment.

5. PURCHASE LIMITATIONS

6. The purchase limitation for individual calls is currently $7M for USAFE and USAREUR IAW AFFARS 5313.303-5(b)(2) and AFARS 5113.305-5. Before purchase is made agencies shall verify the applicable purchase limitation by reviewing their agency regulations. INDIVIDUALS AUTHORIZED TO PURCHASE

UNDER THE BPA

The only individuals authorized to place calls against this BPA are warranted Contracting Officers up to their warrant limit, an authorized representative of a CO (authorized callers) or GPC holders up to their purchase limitations (GPC Office may authorize up to $25,000.00) of the following organizations: USAFE and USAREUR as well as other DoD affiliated agencies. The Government reserves the right to add additional authorized users, if necessary. The Government will notify the BPA holder of the addition of authorized users prior to their authorization becoming effective.

7. DELIVERY REQUIREMENTS The BPA holders shall:

a. Generally make deliveries FOB Destination to the applicable Furnishings Management Sections (FMSs).

The Government will specify the delivery locations by call.

b. Submit requests for partial deliveries to the Government in advance and receive written approval from the CO, Authorized Caller or GPC card holder prior to the delivery. Partial deliveries are authorized for this

BPA.

c. Deliver all foldable wardrobes FOB destination within between 60 and 100 calendar days after confirming a call, depending on the size of the order. (Please refer to the quantity and applicable delivery time as shown on the Wardrobes Price Schedule (Attachment 1).) The CO, Authorized Caller or GPC card holder may extend the delivery period to 120 business days after confirming a call to replace missing or damaged foldable wardrobes. However, such extensions will be based on written modifications to the call order and include consideration from the BPA holder to the Government for such extension to the delivery time.

d. Include shipping and handling in the unit price.

e. Palletize orders for forklift off-loading delivery on most economical one-way pallets. Maximum load per pallet is five each wardrobes or as otherwise specified in the calls.

f. Provide weather and dirt protection packing for all items for the duration of transport and storage.

g. Provide the Government with a Point of Contact (POC) for quality assurance and technical support and for supportive delivery services when needed by the Government.

h. Provide the Government with an itemized list of the delivered contents on vendor's official company letterhead when making any delivery. The listing shall include the quantities, type of wardrobe (110lbs/50 kg or 154lbs/70 kg), call numbers, and the vendor POC.

i. Ensure deliveries are made only during the specified opening hours of the receiving unit. Normally these are Monday through Friday, except on U.S. and local holidays, and are made no earlier than 0830 hours. Ensure unloading is completed by 1500 hours. Other specified opening hours or restrictions for the delivery location may be provided to the BPA holder in the call.

j. Coordinate delivery time with the Government receiving activity and receive their approval of the scheduled delivery time prior to the delivery.

k. Ensure delivery and packing terms meet commercial standard shipping practices to allow safe transport and ensure minimum risk of damage to the wardrobes.

l. Provide each Government ordering activity a user's instruction manual (hard copy) in the English language with instructions on how to assemble/disassemble the wardrobes.

m. Provide the Government ordering activity with delivery tickets with all shipments under this agreement.

The following information must be shown on each delivery ticket as a minimum:

(1) Name of contractor, Point of contact name, Phone number and e-mail address

(2) BPA Number

(3) Date of call

(4) Call number

(5) Name of individual placing call

(6) Itemized list of items furnished, type, quantity, unit price, and color of item and extension amount of each item

(7) Date of delivery or shipment.

(8) Receiving office/unit/delivery address

n. Provide the Government with customs clearance documentation if items are purchased/shipped from outside the European Union (EU).

o. Delivery shipment, including all vehicles, drivers and contractor personnel will comply with local law registration processes, ID and US base entree policies set for the receiving location.

p. At the beginning of the BPA the Government will purchase a single wardrobe for inspection prior to placing a larger order. If the Government determines as a result of this inspection that the delivered wardrobe does not meet the specifications (Attachments 2a and 2b), the Government may request a replacement item or may off-ramp the BPA holder.

8. INVOICES

The BPA holders shall submit an invoice for each call placed through Wide Area Work Flow (WAWF) in accordance with DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports, December 2018.

9. WARRANTIES

BPA holders shall provide a minimum 2 year warranty against defects of material and workmanship under normal use similar to those normally provided within the receiving countries public rules for equivalent items.

Once wardrobes are delivered to the Government warehouse, the Government will inspect them and accept them if they meet the terms and conditions of the order. The 2 year warranty begins once the Government has taken acceptance of the wardrobes. The Government uses the Wide Area Workflow (WAWF) system for inspection and acceptance. The BPA holder is notified of Government acceptance through the WAWF system. When the Government accepts the delivery in WAWF, the BPA holder can initiate the invoice in WAWF. The warranty period shall commence on the date the Government accepts the wardrobe(s).

10. PATENT RIGHTS

BPA holders shall respect patent rights.

11. ANNUAL REVIEW

The Government shall annually review this BPA before the anniversary of its effective date and revise it as necessary to conform to the requirements of the Federal Acquisition Regulation (FAR).

12. PROGRAM PERFORMANCE STANDARDS

This is a strategic sourcing program in support of USAFE and USAREUR. Success is contingent upon successful performance of all BPA holders within the program. Specifically, the Air Force expects the following performance standards to be met throughout the term of all BPAs:

Delivery. BPA holders shall strive to meet delivery requirements of Government customers. The expected delivery schedule at the Call level is between 60 and 100 calendar days after confirming a call depending on the size of the order. (Reference is made to the quantity and applicable delivery time as shown on the Wardrobes Price Schedule (Attachment 1)). The Government will not accept any late delivery of any wardrobe absent a written modification to the order by the Contracting Officer, to include consideration from the BPA holders to the Government for such an extension to the delivery date. If there are any delivery issues, BPA holders shall proactively address them with the requiring activity and the ordering activity.

13. CALL ORDERING PROVISION

The following ordering procedures apply to all Calls issued under this multiple award BPA. The Government will order foldable wardrobes to be furnished under this multiple award BPA by issuance of Calls. In addition:

a. Only an authorized CO, an authorized representative of a CO (authorized caller) or a GPC holder can issue a Call under this multiple award BPA.

b. An authorized CO, an authorized caller or a GPC holder can place a Call for one or several types of foldable wardrobes covered by this multiple BPA.

c. All Calls are subject to the terms and conditions of the multiple award BPA. In the event of conflict between a Call and the multiple award BPA, the multiple award BPA takes precedence.

d. Under this multiple award BPA, the Government will award fixed priced orders at the Call level. The Government may place calls in Euros, British Pounds or US Dollars depending on the country and the contractor. The Government will apply the current budget exchange rate at time of call award and will use this rate for price comparison. (Reference: see page 183 of "Operation and Maintenance Overview of Budget Estimates" https://comptroller.defense.gov/Portals/45/Documents/defbudget/fy2020/fy2020_OM_Overview.pdf

e. All cost associated with marketing, quotation preparation, presentation, submission and negotiation in response to any delivery request or Call shall be at the BPA holder's expense and will not be allowable as a direct charge. The BPA holders shall not direct charge the Government for post award Call administration.

f. All BPA holders will be given the opportunity to compete for Calls or GPC buys exceeding the micro-purchase threshold ($10K) unless one of the exceptions at FAR 6 applies or a statute expressly authorizes or requires that the purchase be made from a specified source. Ordering activities may make GPC buys up to $25K.

g. BPA holders shall perform no work and the Government will make no payment except as authorized by a Call being placed or by a GPC purchase. The BPA holder shall not proceed with any work pursuant to this section until a Call is issued by the appropriate Contracting Officer, an authorized representative of a CO (authorized caller) or a GPC holder. The Contracting Offices using the BPAs are responsible to establish an authorized callers list. No work shall be performed and no payment will be made except as authorized by a call.

This list will be updated annually and shall be provided by the Contracting Offices to 764 ESS on an annual basis from the establishment of the BPAs. This list will be provided by 764 ESS to the BPA holders during the annual review.

h. The Government's selection decision on each Call evaluation shall be final.

i. The Government reserves the right to make award of the BPAs and Calls without discussions.

j. The Government will make Call award(s) or GPC buys to the BPA holder who is determined to best meet the needs of the Government at the best price. Lowest price technically acceptable is the Government's basis for award. However, at its discretion, the Government may use a trade-off as the basis for award. The caller or GPC holder shall inform the BPA holders of the basis of award at time of soliciting a Call or GPC buy.

k. The Government will evaluate Call offers in accordance with FAR 13.106-2(b) and FAR 15.402. In case adequate competition does not exist the Government will use other proposal analysis techniques IAW 15.404-1 (b)(2) in order to justify prices fair and reasonable.

l. Ordering activities may place non-competitive GPC orders up to the micro-purchase threshold ($10K).

Although ordering activities are not required to solicit from a specific number of schedule contractors, the Government encourages them to attempt to distribute GPC buys among the different BPA holders.

14. ON-RAMP PROCEDURES

The Government reserves the right to enter into BPAs with additional BPA holders at any time during the five

(5) year term of the foldable wardrobe BPA. The Government intends to review the need for additional BPA holders periodically in order to sustain competition at the Call level. If the Government determines that additional BPA holders are needed, the Government may on-ramp new BPA holders in order to keep the eligible pool of BPA holders viable. When an on-ramp is used, the Government will advertise the request for additional BPA holders on beta.SAM.gov. The evaluation and selection of BPA holders for any on-ramp will follow the evaluation criteria used for the initial foldable wardrobe BPAs. Any new BPA holders will compete with any remaining BPA holders for all Calls in accordance with the Ordering Guide. Any changes in the number and composition of BPA holders due to on-ramps will not impact the overall maximum term of the original BPAs (i.

e., the term of the original BPAs will not extend past the five (5) year term established at initial agreement). The Government will not consider unsolicited requests for addition of BPA holders to the agreement.

15. OFF-RAMP PROCEDURES

The Government, in its sole discretion, reserves the right to off-ramp a BPA holder by notifying (via email or other written notice) the BPA holder of the Government's intention to cancel their BPA. BPA cancellation does not release the BPA holder from the duty to continue performance on Calls placed prior to the effective date of BPA cancellation. Ongoing orders will continue in accordance with their own period of performance, even if the Government cancels the underlying BPA.

The Government will provide a 30-day written notice to any BPA holder it intends to off-ramp. However, it is the Government's intent to maintain a pool of BPA holders to ensure competition at the Call level for the duration of the BPA ordering period. Any BPA cancelled will be are at no cost to the Government and shall not constitute a basis for an adjustment or a claim under the Disputes clause.

16. POINTS OF CONTACT

The Contracting personnel listed below are the points of contact for the Master BPA. In order to determine the call POC, refer to the call number. Address all questions or concerns to all POCs via e-mail.

a. Barbara Wafzig, Contract Specialist, barbara.wafzig.de@us.af.mil

b. Maria Kuper, Contract Specialist, maria.kuper.de@us.af.mil

c. Jennifer Schneider, Contracting Officer, jennifer.schneider.7.de@us.af.mil

17. CALL/ORDER TRACKING

In order to assist the Government in tracking the usage of this multiple BPA, each BPA holder shall submit a quarterly report of all calls/orders (including GPC orders) to the POCs listed in paragraph 16. The report shall include the following data: Vendor, Call/Order Number, Order Date, POC, E-mail, Organization, Item, Item Description, Quantity, Retail Price, Discount, Discount Percentage and Total Order Cost. Each BPA holder shall provide this information to the POCs identified in paragraph 16 above per email on the 15th of the following months: 15 March; 15 June; 15 September and 15 December.

18. PRICING

Prices charged by the contractor to the U.S. Government shall be in accordance with the approved current price list for actual calls. The BPA holders shall submit an updated price list to the BPA Contracting Officer (764th Enterprise Sourcing Squadron) by 30 September of each year. Price lists shall remain current for one year unless approved and agreed upon by the contractor and Contracting Officer.

Requirements This multiple award BPA is for folding wooden wardrobes for US military personnel stationed in Europe.

Packaging and Marking

Inspection and Acceptance

Invoicing and Receiving Report Procedures: You are required to submit your invoice electronically via the Internet through Wide Area Workflow (WAWF) system at https://wawf.eb.mil. Should you experience problems receiving payment of this contract, please contact Defense Finance and Accounting Service, Inspection and Acceptance Administration: The inspection and acceptance will be performed in WAWF.

Payment instructions will be cited on each call. The following codes will be required to route receiving reports, invoices and additional e-mails successfully through WAWF.

CONTRACT NUMBER: TYPE OF DOCUMENT: Combo CAGE CODE:

ISSUE BY DODAAC: TBD

ADMIN BY DODAAC: TBD

SERVICE ACCEPTOR / SHIP TO: TBD

(DODAAC)

PAY OFFICE DODAAC: TBD

SEND MORE E-MAIL NOTIFICATIONS: INSPECTOR: N/A

SERVICE ACCEPTOR / SHIP TO: TBD

CONTRACT ADMINISTRATOR: TBD

CONTRACT ADMINISTRATOR: TBD CONTRACTING OFFICER: TBD ADD'L EMAILS:

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-2 Inspection of Supplies-Fixed-Price. 1996-08 52.246-16 Responsibility for Supplies. 1984-04

Deliveries or Performance

Contractor Destination

FoB Details

Contractor Destination

FoB Details

Contractor Destination

DFARS Clauses Incorporated by Full Text

252.247-7023 Transportation of Supplies by Sea. 2019-02

Basic. As prescribed in 247.574(b) and (b)(1), use the following clause:

TRANSPORTATION OF SUPPLIES BY SEA-BASIC (FEB 2019)

(a) As used in this clause-Definitions.

"Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

"Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

"Foreign-flag vessel" means any vessel that is not a U.S.-flag vessel.

"Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

"Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

"Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

"U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if-

(i) This contract is a construction contract; or

(ii) The supplies being transported are-

(A) Noncommercial items; or

(B) Commercial items that-

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.

S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that-

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum-

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of steamship company.

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief-

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

ITEM DESCRIPTION CONTRACT LINE ITEMS

QUANTITY

TOTAL - - -

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor shall-

(1) Notify the Contracting Officer of that fact; and

(2) Comply with all the terms and conditions of this clause.

(i) In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(End of clause)

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.204-7006 Billing Instructions. 2005-10 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.232-7008 Assignment of Claims (Overseas). 1997-06

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12

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

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(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 WAWF payment instructions.

in 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.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

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

(f) [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 Document routing.

WAWF 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 TBD

Issue By DoDAAC TBD

Admin DoDAAC TBD-

Inspect By DoDAAC TBD-

Ship To Code TBD-

Ship From Code TBD-

Mark For Code TBD-

Service Approver (DoDAAC) -TBD

Service Acceptor (DoDAAC) -TBD

Accept at Other DoDAAC -TBD

LPO DoDAAC -TBD

DCAA Auditor DoDAAC -TBD

Other DoDAAC(s) -TBD

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) 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.

-TBD

(Contracting Officer: Insert applicable information or "Not applicable.")

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

(End of clause)

Special Contract Requirements

Contract Clauses FAR Clauses Incorporated by Reference

Number Title Effective Date 52.203-3 Gratuities. 1984-04 52.203-6 Alternate I Restrictions on Subcontractor Sales to the Government. 2006-09 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2010-10

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. 2014-04

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. 2017-01

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. 2011-05 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2018-10 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. 2018-10 52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 52.222-21 Prohibition of Segregated Facilities. 2015-04 52.229-6 Taxes-Foreign Fixed-Price Contracts. 2013-02 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. 2018-10 52.232-37 Multiple Payment Arrangements. 1999-05 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies. 2008-12

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09

252.203-7003 Agency Office of the Inspector General. As prescribed in 203.1004(a), use the following clause: 2019-08

252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12

252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors. 2016-05

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism. 2019-05

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 252.225-7005 Identification of Expenditures in the United States. 2005-06 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. 2011-06 252.225-7041 Correspondence in English. 1997-06 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States. 2015-06 252.225-7048 Export-Controlled Items. 2013-06

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns. 2019-04

252.232-7010 Levies on Contract Payments. 2006-12 252.233-7001 Choice of Law (Overseas). 1997-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items 2013-06

AFFARS Clauses Incorporated by Reference

Number Title Effective Date

5352.223-9001 Health and Safety on Government Installations 11/1/2012

FAR Clauses Incorporated by Full Text

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 2016-02

As prescribed in (d), insert the following provision:9.104-7

REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY

FEDERAL LAW (FEB 2016)

As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), (a) and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that-

Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or (1) have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is (2) aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

The Offeror represents that-(b)

It is is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative (1) remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

It is is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.(2)

(End of provision)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. 2020-

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2020)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889 (a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

- (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

- (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

- (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111- 5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

- (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

- (5)[Reserved].

- (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

____ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

- (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

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

- (10)[Reserved].

- (11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.657a).

- (ii) Alternate I (Nov 2011) of 52.219-3.

- (12)

(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

- (ii) Alternate I (Jan 2011) of 52.219-4.

- (13)[Reserved]

- (14)

(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.644).

- (ii) Alternate I (Nov 2011).

- (iii) Alternate II (Nov 2011).

- (15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

-- (ii) Alternate I (Oct 1995) of 52.219-7.

- (iii) Alternate II (Mar 2004) of 52.219-7.

- (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

- (17)

(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4))

- (ii) Alternate I (Nov 2016) of 52.219-9.

- (iii) Alternate II (Nov 2016) of 52.219-9.

- (iv) Alternate III (Nov 2016) of 52.219-9.

- (v) Alternate IV (Aug 2018) of 52.219-9

- (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

- (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).

- (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

- (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2019) (15 U.S.C. 657f).

- (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

- (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

- (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

- (25) 52.222-3, Convict Labor (June 2003) (E.O.11755).

- (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

- (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

- (28)

(i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

- (ii) Alternate I (Feb 1999) of 52.222-26.

- (29)

(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

- (30)

(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

____ (ii) Alternate I (July 2014) of 52.222-36.

____ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (i) (33) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).

(Not applicable to the acquisition of commercially available off-the-shelf items.)

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

____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

____ (38) (i) 52.223-13, Acquisition of EPEAT?-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Oct 2015) of 52.223-13.

____ (39)

(i) 52.223-14, Acquisition of EPEAT?-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-14.

____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (41)

(i) 52.223-16, Acquisition of EPEAT?-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-16.

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

____ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

____ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

____ (45)

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

____ (ii) Alternate I (Jan 2017) of 52.224-3.

____ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

____ (47)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332).

____ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C.3332).

X (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C.3332).

____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

____ (60)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (Apr 2003) of 52.247-64.

____ (iii) Alternate II (Feb 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.]

____ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

____ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

____ (4) 52.222-43, Fair…