Solicitation - FA812622Q0030.pdf

Combined Synopsis/Solicitation

(IAW FAR 12.603)

Solicitation Number: FA8126-22-Q-0030 Spectro Oil Lab Equipment

This is a combined synopsis/solicitation for commercial services prepared in accordance with the formats in Subpart 12.6 and Subpart 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This solicitation is being issued as Request for Quote (RFQ) IAW FAR Part 13.

The Air Force Sustainment Center (AFSC/PZIMB) at Tinker Air Force Base Oklahoma, intends to award a Sole Source, Firm- Fixed-Price contract for the acquisition of material listed below. This solicitation is a sole source requirement to Spectro Scientific, Inc. (CAGE 1BL81). The contract will be issued for one (1) base year and four (4) one-year options. All responsible sources may submit a capability statement, proposal, or quotation, which shall be considered by the agency. Please see attached Performance Work Statement for details.

CLIN # Service Description Quantity Unit of Issue Period of Performance

Base Year Preventative Maintenance (PM) for Spectro Oil Lab Equipment Support.

Contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation and inspection manuals necessary to perform

(1) PM annually at the Oklahoma City-Air Logistics Complex (OC-ALC) in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer's equipment specifications and conforming to this Performance Work Statement (PWS). The equipment is listed in Appendix A Equipment List. The CLIN and price includes travel IAW the JTR.

1 Lot 6 May 2022 – 5 May 2023

Option Year I Preventative Maintenance (PM) for Spectro Oil Lab Equipment Support. Contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation and inspection manuals necessary to perform

(1) PM annually at the Oklahoma City-Air Logistics Complex (OC-ALC) in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer's equipment specifications and conforming to this Performance Work Statement (PWS). The equipment is listed in Appendix A

1 Lot 6 May 2023 – 5 May 2024

Option Year II Preventative Maintenance (PM) for Spectro Oil Lab Equipment Support. Contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation and inspection manuals necessary to perform

(1) PM annually at the Oklahoma City-Air Logistics Complex (OC-ALC) in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer's equipment specifications and conforming to this Performance Work Statement (PWS). The equipment is listed in Appendix A

1 Lot 6 May 2024 – 5 May 2025

Option Year III Preventative Maintenance (PM) for Spectro Oil Lab Equipment Support. Contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation and inspection manuals necessary to perform

(1) PM annually at the Oklahoma City-Air Logistics Complex (OC-ALC) in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer's equipment specifications and conforming to this Performance Work Statement (PWS). The equipment is listed in Appendix A

1 Lot 6 May 2025 – 5 May 2026

Option Year IV Preventative Maintenance (PM) for Spectro Oil Lab Equipment Support. Contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation and inspection manuals necessary to perform

(1) PM annually at the Oklahoma City-Air Logistics Complex (OC-ALC) in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer's equipment specifications and conforming to this Performance Work Statement (PWS). The equipment is listed in Appendix A Equipment List. The CLIN and price includes travel IAW the JTR.

1 Lot 6 May 2026 – 5 May 2027

“Notice to Vendor(s)/Supplier(s): The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse a vendor for any costs.”

Vendor is required to “wet” sign/date and fill in the vendor information, delivery and pricing on page 4, complete the CLIN Unit Pricing on page 5, the Tax Clause 52.209-11 on page 42, the clause 52.204-26 on page 41, and if needed the clause 52.204-24 on page 40. Submit proof of technical evaluation criteria needed to fulfill this requirement. Please return 1 signed copy to the issuing office. Contractor agrees to provide all services set forth or otherwise identified above and on any additional sheets subject to the terms and conditions specified herein.

Contractor is required to provide commercial product literature for all items quoted showing that they are authorized by the OEM to provide this service.

VENDOR SHOULD PROVIDE A COMPANY QUOTATION SHEET IN CONJUNCTION WITH THIS RESPONSE PAGE. The quotation sheet must provide adequate documentation showing that the service being quoted meets the specifications listed in the Performance of Work in order to be considered for award.

Quotation Submission Information:

Quotations are due by 31 March 2022, 1:00 PM, Tinker AFB OK Central Daylight Time (CDT). Contact the following individual for information regarding this solicitation:

NOTE: Emailed quotations are preferred Alicia McGill Contract Specialist alicia.mcgill@us.af.mil

EVALUATION OF RESPONSES:

Award will be conducted and evaluated under the provisions of FAR Part 12 Commercial Items and FAR Part 13, Simplified Acquisition Procedures.

The responsible vendors must be registered in the System for Award Management (SAM) database (available at:

https://sam.gov/content/home. Lack of registration in SAM will qualify the contractor as ineligible for award.

Contract award will be made to the vendor who is technically acceptable with the lowest evaluated price. Vendors must be authorized to perform repairs on the proprietary equipment to be considered for award. If unauthorized, the proposal will be found technically unacceptable and un-awardable.

REQUISITION NUMBER:

F3YCEB2073A107

SOLICITATION NUMBER

FA8126-22-Q-0030

SOLICITATION ISSUE DATE:

17 March 2022

SOLICITATION DUE DATE:

31 March 2022

THIS ACQUISITION IS:

Full and Open Competition

100% Small Business Set Aside

Sole Source

SIZE STD:

$22.0M

FEDERAL SUPPLY CLASS:

J066

NAICS:

811219

DELIVERY:

SEE ITEM DESC

FOB DESTINATION X

FOB ORIGIN

DPAS RATING:

METHOD OF

SOLICITATION:

REQUEST FOR QUOTE

1. VENDOR INFORMATION

BUSINESS NAME:

STREET ADDRESS: CITY, STATE, ZIP:

CAGE CODE and DUNS:

BUSINESS WEB ADDRESS:

CONTACT PERSON:

TELEPHONE: FAX:

E-MAIL:

2. Pricing Information and Certification of Response

Total Proposed Unit Price: Proposed Delivery Date:

Vendor’s Authorized Representative's Signature Date

Type or Print Name Position or Title

Vendor is Required to fill-in pages 4, 5, and 41-42. Please “wet” sign page 2 of this solicitation, and return 1 copy to issuing office. Vendor agrees to furnish and deliver all services set forth or otherwise identified above and on any additional sheets subject to the terms and conditions specified herein.

X

Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Qty Unit Unit Price

Amount

Base Year Preventative Maintenance (PM) for Spectro Oil Lab Equipment Support. Contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation and inspection manuals necessary to perform (1) PM annually at the Oklahoma City-Air Logistics Complex (OC-ALC) in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer's equipment specifications and conforming to this Performance Work Statement (PWS). The equipment is listed in Appendix A Equipment List. The CLIN and price includes travel IAW the JTR.

Product Service Code: J066 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

1 Lot

Option Line Item

Option I Preventative Maintenance (PM) for Spectro Oil Lab Equipment Support. Contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation and inspection manuals necessary to perform (1) PM annually at the Oklahoma City-Air Logistics Complex (OC-ALC) in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer's equipment specifications and conforming to this Performance Work Statement (PWS). The equipment is listed in Appendix A Equipment List. The CLIN and price includes travel IAW the JTR.

Product Service Code: J066 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

1 Lot

Option Line Item

Option II Preventative Maintenance (PM) for Spectro Oil Lab Equipment Support. Contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation and inspection manuals necessary to perform (1) PM annually at the Oklahoma City-Air Logistics Complex (OC-ALC) in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer's equipment specifications and conforming to this Performance Work Statement (PWS). The equipment is listed in Appendix A Equipment List. The CLIN and price includes travel IAW the JTR.

Product Service Code: J066 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

1 Lot

Option Line Item

Option III Preventative Maintenance (PM) for Spectro Oil Lab Equipment Support. Contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation and inspection manuals necessary to perform (1) PM annually at the Oklahoma City-Air Logistics Complex (OC-ALC) in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer's equipment specifications and conforming to this Performance Work Statement (PWS). The equipment is listed in Appendix A Equipment List. The CLIN and price includes travel IAW the JTR.

Product Service Code: J066 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

1 Lot

Option IV Preventative Maintenance (PM) for Spectro Oil Lab Equipment

Option Line Item

Support. Contractor shall provide all labor, tools, equipment, test equipment, material, parts, quality control, transportation and inspection manuals necessary to perform (1) PM annually at the Oklahoma City-Air Logistics Complex (OC-ALC) in accordance with (IAW) the terms and conditions outlined herein and conform to the manufacturer's equipment specifications and conforming to this Performance Work Statement (PWS). The equipment is listed in Appendix A Equipment List. The CLIN and price includes travel IAW the JTR.

Product Service Code: J066 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price

1 Lot

Description/Specifications/Statement of Work

Requirements 76 MXSG requests an annual one-year base contract with 4 one-year options Preventive Maintenance (PM) for Spectro Oil Lab Equipment, located in Building 3001, Post V-71.

Packaging and Marking

Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: Contact MXSG Workflow

DoDAAC: F3YCEB CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES

BLDG 3001 STAFF DR DR G70 POST N68

TINKER AFB, OK 73145

UNITED STATES

MXSG Workflow Email: OCALC.OBCA.MXSGRequirements@us.af.mil

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Contact MXSG Workflow

DoDAAC: F3YCEB CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES

BLDG 3001 STAFF DR DR G70 POST N68

TINKER AFB, OK 73145

UNITED STATES

MXSG Workflow Email: OCALC.OBCA.MXSGRequirements@us.af.mil

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Contact MXSG Workflow

DoDAAC: F3YCEB CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES

BLDG 3001 STAFF DR DR G70 POST N68

TINKER AFB, OK 73145

UNITED STATES

MXSG Workflow Email: OCALC.OBCA.MXSGRequirements@us.af.mil

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Contact MXSG Workflow

DoDAAC: F3YCEB CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES

BLDG 3001 STAFF DR DR G70 POST N68

TINKER AFB, OK 73145

UNITED STATES

MXSG Workflow Email: OCALC.OBCA.MXSGRequirements@us.af.mil

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Contact MXSG Workflow

DoDAAC: F3YCEB CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES

BLDG 3001 STAFF DR DR G70 POST N68

TINKER AFB, OK 73145

UNITED STATES

MXSG Workflow Email: OCALC.OBCA.MXSGRequirements@us.af.mil

Deliveries or Performance

IMPORTANT DELIVERY INFORMATION

TRUCK GATE ENTRY

* TAFB Truck Gate" address: 7000 SE 59th Street Oklahoma City, Oklahoma 73145 The Truck Gate is for ALL commercial vehicle entry and is located on SE 59th Street, east of S Air Depot Blvd (southwest corner of the base). Trucks will not be allowed to gain access through any other gate. a. The Truck Gate's normal operating hours are Monday through Friday 0600-1600hrs (6:00 AM - 4:00 PM) and is closed on weekends and federal holidays (New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day).

ONLY mission critical/mission essential commercial vehicle traffic will be allowed entry to the base when the Truck Gate is closed (after hours).

- In order to expedite the delivery process please provide dispatch with the contract number and ask dispatch to provide this same information to the truck driver. Example: "FA8125, FA8132, FA8136, FA8126, FA8101 followed by 7 more characters.

- DRIVERS MUST CALL THE COMMODITY HOTLINE (405) 582-5485 PRIOR TO ENTRY FOR

ESCORT TO APPROPRORIATE DELIVERY LOCATION.

- SAFETY: Be advised that an OFFLOAD RAMP MAY NOT BE AVAILABLE. Please plan accordingly.

- Under authority of 50 USC 797; 18 USC 930; and 32 CFR 809A3 - It is illegal to enter Tinker AFB with firearms, ammunition or any weapons, you will be denied access to the base and your vehicle will be subject to impoundment.

- Any violation of this prohibition will result in criminal prosecution under applicable federal laws and regulations.

- All personnel and vehicles entering the base are subject to search.

- All commercial vehicles entering the base will be searched for explosives and contraband.

- Security Forces will confiscate all firearms, ammunition and weapons and they WILL NOT be returned.

DELIVERIES TO BUILDING 3001 (B / 3001)

- Delivery vehicles are prohibited from using "Staff Drive" - located directly east of Building 3001

- Delivery vehicles may make deliveries only in designated unloading areas

INSURANCE

The following insurance amounts are required by FAR Clause 52.228-5 - Insurance Work on A Government Installation that is incorporated in full text in this solicitation.

(a) Workers' compensation and employer's liability. Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

(b) General liability.

(1) The contracting officer shall require bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) Property damage liability insurance shall be required only in special circumstances as determined by the agency.

(c) Automobile liability. The contracting officer shall require automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

Overall Contract Delivery Period

Contractor Destination

Line Item Delivery Schedule QTY Address and POC

Period of Performance From 06 May 2022 To 05 May 2023

1 Lot Place of Performance DoDAAC: F3YCEB CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES

BLDG 3001 STAFF DR DR G70 POST N68

TINKER AFB, OK 73145

UNITED STATES

MXSG Workflow Email: OCALC.OBCA.MXSGRequirements@us.af.mil

Option Line Item

Period of Performance From 06 May 2023 To 05 May 2024

1 Lot Place of Performance DoDAAC: F3YCEB CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES

BLDG 3001 STAFF DR DR G70 POST N68

TINKER AFB, OK 73145

UNITED STATES

MXSG Workflow Email: OCALC.OBCA.MXSGRequirements@us.af.mil

Option Line Item

1 Lot Place of Performance DoDAAC: F3YCEB CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES

BLDG 3001 STAFF DR DR G70 POST N68

TINKER AFB, OK 73145

UNITED STATES

MXSG Workflow

Period of Performance From 06 May 2024 To 05 May 2025

Email: OCALC.OBCA.MXSGRequirements@us.af.mil

Option Line Item

Period of Performance From 06 May 2025 To 05 May 2026

1 Lot Place of Performance DoDAAC: F3YCEB CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES

BLDG 3001 STAFF DR DR G70 POST N68

TINKER AFB, OK 73145

UNITED STATES

MXSG Workflow Email: OCALC.OBCA.MXSGRequirements@us.af.mil

Option Line Item

Period of Performance From 06 May 2026 To 05 May 2027

1 Lot Place of Performance DoDAAC: F3YCEB CountryCode: USA

OC ALC OBC

AF BPN NO MILSBILLS PROCESSES

BLDG 3001 STAFF DR DR G70 POST N68

TINKER AFB, OK 73145

UNITED STATES

MXSG Workflow Email: OCALC.OBCA.MXSGRequirements@us.af.mil

FAR Clauses Incorporated by Reference

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

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.204-7006 Billing Instructions. Oct 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. Dec 2018

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.

2-in-1

(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 F03000

Issue By DoDAAC FA8126

Admin DoDAAC FA8126

Inspect By DoDAAC ____

Ship To Code ____

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) F3YCEB

Service Acceptor (DoDAAC) FA8126

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*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.

Brad.Bonsall@us.af.mil

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

2017-01

DFARS Clauses Incorporated by Reference Number Title Effective Date

252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. 2011-06 252.215-7007 Notice of Intent to Resolicit. 2012-06

52.212-4 Contract Terms and Conditions-Commercial Items.

As prescribed in 12.301(b)(3), insert the following clause:

Contract Terms and Conditions-Commercial Items (Oct 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

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

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

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

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

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.-

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.

C.3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv)If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v)Amounts shall be due at the earliest of the following dates:

(A)The date fixed under this contract.

(B)The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi)The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A)The date on which the designated office receives payment from the Contractor;

(B)The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C)The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii)The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1)Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2)Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.

b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C.

1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C.

431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.

C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C.

40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1)The schedule of supplies/services.

(2)The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3)The clause at 52.212-5.

(4)Addenda to this solicitation or contract, including any license agreements for computer software.

(5)Solicitation provisions if this is a solicitation.

(6)Other paragraphs of this clause.

(7)The Standard Form 1449.

(8)Other documents, exhibits, and attachments.

(9)The specification.

(t)[Reserved] (u)Unauthorized Obligations.

(1)Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i)Any such clause is unenforceable against the Government.

(ii)Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii)Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2)Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v)Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

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

As prescribed in 204.2105 (c), use the following clause:

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS

EQUIPMENT OR SERVICES (JAN 2021)

Definitions. As used in this clause-- "Covered defense telecommunications equipment or services" means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, or any subsidiary or affiliate of such entities;

(2) Telecommunications services provided by such entities or using such equipment; or

(3) Telecommunications equipment or services produced or provided by an entity that the Secretary of Defense reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

"Covered foreign country" means--

(1) The People's Republic of China; or

(2) The Russian Federation.

"Covered missions" means--

(1) The nuclear deterrence mission of DoD, including with respect to nuclear command, control, and communications, integrated tactical warning and attack assessment, and continuity of Government; or

(2) The homeland defense mission of DoD, including with respect to ballistic missile defense.

"Critical technology" means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

"Substantial or essential component" means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition. In accordance with section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91), the contractor shall not provide to the Government any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless the covered defense telecommunication equipment or services are covered by a waiver described in Defense Federal Acquisition Regulation Supplement 204.2104 .

(c) Procedures. The Contractor shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service, to carry out covered missions, that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) Reporting.

(1) In the event the Contractor identifies covered defense telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, the Contractor shall report at https://dibnet.dod.mil the information in paragraph (d)(2) of this clause.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within 3 business days from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 30 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered defense telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

CONTINUATION SHEET

Note

Contractor ID Badge Requirements Contractors working on Tinker AFB shall comply with all procedures outlined in TAFBI 31-101, AFI 10-245 and TAFBP 31-101. OF SPECIAL NOTE, in accordance with TAFBI 31-101 para 5.3, all contractors /contractor personnel will be assessed a charge of $50.00 for each badge lost, willfully damaged, or not surrendered to Pass and Registration. No charge will be made on a replacement required due to normal wear.

Personnel will report to Accounting and Finance, Accounts Receivable Unit and a DD Form 1131, Cash Collection Voucher, will be prepared and presented to Pass and Registration prior to issuing a replacement identification. Identification will be surrendered to Security Forces personnel upon demand for the purpose of identification, investigation, abuse, misuse, or for any other reason necessary. Civilian and military retirees who conduct commercial business on base must obtain a badge through their place of employment. ALSO OF SPECIAL NOTE, in accordance with TAFBI 31-101 para 7, all contractors/contractor personnel shall be subject to background checks as deemed necessary.

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 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 and Other Covered Entities.

Nov 2021

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

Nov 2021

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2021 52.222-21 Prohibition of Segregated Facilities. Apr 2015 52.222-26 Equal Opportunity. Sep 2016 52.222-50 Combating Trafficking in Persons. Nov 2021 52.222-62 Paid Sick Leave Under Executive Order 13706. Jan 2017 52.223-5 Pollution Prevention and Right-to-Know Information. May 2011 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Jun 2020 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 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. Nov 2021 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. Apr 1984 52.253-1 Computer Generated Forms. Jan 1991

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Sep 2013 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Dec 2019 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. May 2016

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

Jan 2021

252.217-7028 Over and Above Work. Dec 1991 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014 252.223-7008 Prohibition of Hexavalent Chromium. Jun 2013 252.225-7001 Buy American and Balance of Payments Program. Dec 2017

252.225-7002 Qualifying Country Sources as Subcontractors. Dec 2017 252.225-7048 Export-Controlled Items. Jun 2013 252.232-7010 Levies on Contract Payments. Dec 2006

252.232-7017 Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration.

Apr 2020

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jun 2013 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.244-7000 Subcontracts for Commercial Items. Oct 2020

FAR Clauses Incorporated by Full Text

52.204-1 Approval of Contract. Dec 1989

As prescribed in , insert the following clause:4.103

APPROVAL OF CONTRACT (DEC 1989)

This contract is subject to the written approval of [identify title of designated agency official here] and shall not be binding until Contracting Officer so approved.

(End of clause)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services. Jan 2022

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

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (JAN 2022)

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

52.203-19, Prohibition on…