Solicitation-Instructions to Complete-Terms and Conditons-W9124X22Q0003-Commercial Meals for NVNG.pdf

BPA Terms and Conditions

(1) DESCRIPTION OF AGREEMENT:

This agreement is to supply Commercial Meals to training units at various locations for the Nevada

National Guard (NVNG). Details pertaining to work required, can be found in the following attachment.

Contractor is required to provide all plant, labor, and materials necessary to fulfill the requirements described in the attached Performance Work Statement.

Refer to Performance Work Statement (PWS) for requirement specifics

(2) EXTENT OF OBLIGATION:

A. PERIOD OF PERFORMANCE

This Agreement shall not exceed a duration 5 Calendar Years.

B. BPA CEILING

Total calls under each of the BPA Agreements shall not exceed $250,000.00.

(3) PURCHASE LIMITATION:

Purchase Limitations: In no event shall an individual call be in excess of $25,000.00. The collective total dollar limit for each BPA issued is not to exceed $250,000.00 over the BPA five (5) year duration.

(4) INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THE BPA:

A. In accordance with FAR 13.303-3, the below personnel is allowed to place orders for this Blanket

Purchase Agreement (BPA):

a. Warranted Contracting Officers assigned to the Nevada Army National Guard (NVARNG)

b. Warranted Contracting Officers assigned to the Nevada National Air Guard (NVANG)

c. Contracting Personnel assigned to the NVANG and NVARNG if dollar amount of the call is below the micro-purchase threshold

B. Orders will only be placed through written correspondence email, and signed Form 1449 contract action from authorized personnel listed above in paragraph (4)A.

C. Orders under this BPA will only be placed by those positions specifically listed in the Blanket

Purchase Agreement. Changes to this list of “Individuals Authorized to Purchase under the BPA” will only be authorized via SF 30 Bilateral Contract Modification, signed by both an authorized representative from the vendor, and Warranted Contracting Officer.

D. The process for which orders will be placed against this BPA are as follows:

1) Contractor will be provided with a meal information form(s) containing the items requested for delivery or pickup, dates for delivery, and approximate location(s) as necessary. Meal

Solicitation-W9124X22Q0003-Commercial Meals for NVNG information form shall include total quantity of meals required and quantity of meals with specific dietary restrictions. (30 days advance notice)

2) The vendor’s designated representative, will sign and return the form as official confirmation that the vendor can perform on the requirement and provide pricing for the requirement within 7 calendar days of call issuance. Contractor is expected to respond to this notification in writing if declining to perform.

3) Only once confirmation with pricing are received, offers will be evaluated and a written BPA

Call is issued to offeror determined to be most advantageous by a Warranted Contracting Officer or authorized government contracting personnel if call is under the micro purchase threshold, the vendor may begin performance on the BPA Call. The government will notify successful offeror no more than 7 days after the deadline for Vendors Quote for the call.

E. No conditions for buying other than as specified herein, or as may be mutually agreed to for a specific order, shall be applicable to purchases made under these arrangements. These arrangements are effectively immediately upon establishment of BPA, and remain in effect until cancelled by the

Government or the Contractor.

(5) DELIVERY TICKETS:

Itemized invoicing or delivery tickets shall be provided as attachments to the invoicing submitted via

Wide Area Workflow. Delivery tickets provided under the agreement shall contain the following minimum information

i. Contractor Name.

ii. BPA number.

iii. Date of purchase.

iv. BPA Call Number.

v. Itemized list of supplies furnished.

vi. Quantity and unit price

vii. Date of delivery or pickup.

(6) INVOICES:

A. Invoices and Payment information will be included with each individual BPA call under DFARS Wide

Area Workflow Clause 252.232-7006. The following clause shall be inserted into each BPA call under this agreement, and required information will be filled in when issued. Payment issues should be reported directly to the Contracting Officer and/or managing Contract Administrator named by Contracting

Officer.

B. PAYMENTS WILL ONLY BE MADE VIA WIDE AREA WORKFLOW (WAWF). Invoices submitted via alternate means will not be honored for payment.

Please refer to DFARS CLAUSE 252.232-7006 for further details and instructions in each call.

(7) OTHER APPLICABLE CLAUSES:

Offerors shall submit a completed copy of the provision at 52.212-3, Offeror Representations and

Certifications- Commercial Items, with its offer.

Clause at 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition

Clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-

Commercial Items, applies to this acquisition

The following FAR and DFARS provisions and clauses are incorporated into this solicitation by reference:

52.203-3, Gratuities (APR 1984)

52.203-8, Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (MAY 2014)

52.203-10, Price Or Fee Adjustment For Illegal Or Improper Activity (MAY 2014)

52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

52.203-12, Limitation on Payments to Influence Certain Federal Transactions

52.204-7, System for Award Management

52.204-13, System for Award Management Maintenance

52.204-16, Commercial and Government Entity Code Reporting

52.204-17, Ownership or Control of Offeror

52.204-18, Commercial and Government Entity Code Maintenance

52.204-19, Incorporation by Reference of Representations and Certifications

52.204-20, Predecessor of Offeror

52.204-26, Covered telecommunications Equipment or Services—Representation

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

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

52.211-17, Delivery of Excess Quantities

52.212-1, Instructions to Offerors-Commercial Items

52.212-2, Evaluation—Commercial Items

52.212-3, Offeror Representations and Certifications-Commercial Items

52.212-4, Contract Terms and Conditions – Commercial Items

52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-

Commercial Items

52.219-8, Utilization of Small Business Concerns (Oct 2018)

52.219-14, Limitations on Subcontracting (SEP 2021)

52.222-3, Convict Labor

52.222-19, Child Labor—Cooperation with Authorities and Remedies (DEVIATION 2020-O0019)

52.222-22, Previous Contracts and Compliance Reports

52.222-25, Affirmative Action Compliance

52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services-Requirements (May 2014)

52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011)

52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation

52.226-6, Promoting Excess Food Donation to Nonprofit Organizations

52.232-39, Unenforceability of Unauthorized Obligations

52.232-40, Providing Accelerated Payments to Small Business Subcontractors

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)

52.247-34, F.O.B. Destination (NOV 1991)

252.201-7000, Contracting Officer's Representative (DEC 1991)

252.203-7000, Requirements Relating to Compensation of Former DoD Officials

252.203-7002, Requirement to Inform Employees of Whistleblower Rights

252.203-7005, Representation Relating to Compensation of Former DoD officials

252.204-7002 Payment For Contract Line or Subline Items Not Separately Priced

252.204-7003, Control of Government Personnel Work Product

252.204-7004, DoD Antiterrorism Awareness Training for Contractors

252.204-7008, Compliance with Safeguarding Covered Defense Information Controls

252.204-7012, Safeguarding of Unclassified Controlled Technical Information

252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support

252.204-7016, Covered Defense Telecommunications Equipment or Services—Representation

252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or

Services— Representation

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

Services

252.211-7008, Use of Government-Assigned Serial Numbers (SEP 2010)

252.213-7000, Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past

Performance Evaluations

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)

252.225-7000, Buy American--Balance of Payments Program Certificate--Basic

252.225-7001, Buy American and Balance of Payments Program—Basic

252.225-7012, Preference for Certain Domestic Commodities

252.225-7021, Trade Agreements (Deviation 2020-O0019)

252.225-7048, Export-Controlled Items

252.225-7974, Representation Regarding Business Operations with the Maduro Regime. (Deviation

2020-O0005)

252.232-7003, Electronic Submission of Payment Requests and Receiving Reports

252.232-7010, Levies on Contract Payments

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

Consideration

252.243-7001, Pricing Of Contract Modifications (DEC 1991)

252.244-7000, Subcontracts for Commercial Items

252.247-7023, Transportation of Supplies by Sea--Basic

252.239-7098, Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such

Network is Designed to Block Access to Certain Websites—Representation. (Deviation 2021-O0003)

Contractor must complete all Representations and Certifications found in the provisions listed below within their profile in the System for Award Management (SAM) at http://www.sam.gov. All offerors must complete provision 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment and 52.204-26 Covered Telecommunications

Equipment or Services-Representation to be eligible for award.

IAW FAR 52.212-1(g): Contract award. The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

Instructions to Offerors – required to fill out

Eligibility

Offerors must have a current registration in the System for Award Management (SAM) at https://www.sam.gov as of the date of award determination to be eligible for award. Offeror must maintain a current registration in SAM for the entire duration of the BPA in order to eligible for Calls and to facilitate disbursement of payments. Offeror shall ensure all representations and certifications are current in SAM as a condition of award.

Set-Aside

Any awards resulting from this solicitation will be made using a cascading set-aside order of precedence as follows: In accordance with FAR Subpart 19.502-2 Total Small Business Set-Aside Procedures, any awards under this solicitation will be made on a competitive basis first to small business concerns in accordance with FAR 19.502-2. If there are no acceptable offers from small business concerns for a specific location, the set-aside shall be withdrawn and the requirement, if still valid, will be made on the basis of full and open competition considering all offers submitted by responsible business concerns for the location.

Evaluation

The Government will award multiple BPAs from this solicitation to the responsible offerors whose proposal conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: price, past performance in relevant requirements, and technical capabilities. The Contractor shall demonstrate through their offer and deliverables listed in “Technical Exhibit 2, Deliverables Schedule” of the PWS that they will meet or exceed the technical requirements stated within the Performance Work Statement. Technical and past performance, when combined are approximately equal to price. Contractors should submit pricing for the mock requirement on attachment “Instructions to Offerors”

Each BPA call will be competed. Issuance of BPA calls shall be made on the basis that is most advantageous to the Government, price and other factors considered. Factors used to evaluate: can service the location of the requirement, and meets/or exceeds the requirements of the PWS at a price that is determined to be fair and reasonable by the government.

List individuals authorized to sign on behalf of the contractor:

The following will be used for evaluation purposes in issuance of BPA Master Agreement:

AREAS OF COVERAGE

If the Contractor is able to service multiple locations and number of soldiers please notate that in the following table:

Able to Deliver-

Yes/No

Pickup available within 15 miles-

Yes/No

Location Approximate

Headcount

Range

Reno (Plumb Lane Armory) 15-100

Reno (National Guard

Airbase)

1100-1200

Stead (Washoe County

Armory)

50-400

Carson City (Office of the

Adjutant General)

10-200

Fallon 50-150

Elko (Annual Training

Season)

50-150

Hawthorne, Nevada 150-300

South Las Vegas (Las Vegas

Readiness Center)

50-300

North Las Vegas (Clark

County Armory)

50-400

North Las Vegas (North Las

Vegas Readiness Center)

20-250

Las Vegas (Nellis Air Base) 1100-1200

Henderson, Nevada 50-150

DELIVERABLES

See “TECHNICAL EXHIBIT 2 – Deliverables Schedule” Contained in attachment “Performance Work

Statement”

PRICING FOR MOCK/DUMMY ORDERS

*Note- Only fill in price information for locations for which Contractor intends to accommodate. Offeror must provide sample menus locations.

Input pricing for Mock Orders detailed on provided Meal Information Forms provided via attachment below:

UNIT QUANITY OF MEALS TOTAL PRICE PRICE PER MEAL

72nd (5 Meal

Information forms)

UNIT QUANITY OF MEALS TOTAL PRICE PRICE PER MEAL

991st (4 Meal

Information forms)

145th (1 Meal

Information form)

JFHQ (1 Meal

Med Det N (1 Meal

Full Text Provisions and Clauses

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications

Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror

Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal

Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for

"covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds

"does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the

Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand;

model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable);

or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (SEP 2021)

(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 2020) (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 listed as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct

1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

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

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

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41

U.S.C. 2313).

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

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

52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

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

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

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

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

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

52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

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

13496).

52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

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

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

U.S.C. 3332).

(End of clause)

52.222-52 Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Certification (MAY 2014)

(a) The offeror shall check the following certification:

Certification

The offeror □ does □ does not certify that-

(1) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(2) The contract services are furnished at prices that are, or are based on, established catalog or market prices. An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public.

An "established market price" is a current price, established in the usual course of ordinary and usual trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror;

(3) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

(4) The offeror uses the same compensation (wage and fringe benefits) plan for all service employees performing work under the contract as the offeror uses for these employees and for equivalent employees servicing commercial customers.

(b) Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the

Contracting Officer determines in accordance with FAR 22.1003-4(d)(3) that the Service

Contract Labor Standards statute-

(1) Will not apply to this offeror, then the Service Contract Labor Standards clause in this solicitation will not be included in any resultant contract to this offeror; or

(2) Will apply to this offeror, then the clause at FAR 52.222-53, Exemption from

Application of the Service Contract Labor Standards to Contracts for Certain Services-

Requirements, in this solicitation will not be included in any resultant contract awarded to this offer, and the offeror may be provided an opportunity to submit a new offer on that basis.

(c) If the offeror does not certify to the conditions in paragraph (a) of this provision-

(1) The clause of this solicitation at 52.222-53, Exemption from Application of the

Service Contract Labor Standards to Contracts for Certain Services-Requirements, will not be included in any resultant contract to this offeror; and

(2) The offeror shall notify the Contracting Officer as soon as possible if the

Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation.

(d) The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision.

(End of provision)

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

(End of provision)

52.252-2 Clauses Incorporated by Reference (FEB 1998) https://www.acquisition.gov/far/part-22#FAR_22_1003_4 https://www.acquisition.gov/far/part-52#FAR_52_222_53 https://www.acquisition.gov/far/part-52#FAR_52_222_53

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

https://www.acquisition.gov/

52.252-6 Authorized Deviations in Clauses.

As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any

FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert "(DEVIATION)" after the date of the clause.

AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of Defense Federal Acquisition

Regulation (48 CFR (b) Chapter 02) clause with an authorized deviation is indicated by the addition of

"(DEVIATION)" after the name of the regulation.

252.211-7003 Item Unique Identification and Valuation (MAR 2016)

(a) Definitions. As used in this clause—

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

“Concatenated unique item identifier” means—

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

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

https://www.acquisition.gov/far/52.107#FAR_52_107

“Data matrix” means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error

Checking and Correction 200 (ECC200) specification found within International Standards

Organization (ISO)/International Electrotechnical Commission (IEC) 16022.

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

“DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.

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

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

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

“Government’s unit acquisition cost” means—

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

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

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

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

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

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

http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html http://www.aimglobal.org/?Reg_Authority15459

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

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

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

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

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

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

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

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

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

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

“Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.

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

http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html

(c) Unique item identifier.

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

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

Contract Line, Subline, orExhibit Line Item Number Item Description

Not Applicable

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

Contract Line, Subline, or Exhibit Line Item Number Item Description

Not Applicable

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

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

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

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

Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard

16022, Information technology – International symbology specification – Data matrix; ECC200 data matrix specification.

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

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

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International

Standard 15434), in accordance with ISO/IEC International Standard 15418, Information

Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and

ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard

15434), in accordance with ISO/IEC International Standard 15418, Information Technology –

EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH

10.8.2 Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International

Standard 15434), in accordance with the Air Transport Association Common Support Data

Dictionary; and

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

(5) Unique item identifier.

(i) The Contractor shall—

(A) Determine whether to—

(1) Serialize within the enterprise identifier;

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

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

Number); and

(B) Place the data elements of the unique item identifier (enterprise identifier;

serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification

Marking of U.S. Military Property, latest version;

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

Shipment and Storage, latest version; and

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

(ii) The issuing agency code—

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

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

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or

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

(1) Unique item identifier.

(2) Unique item identifier type.

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

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

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

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

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

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

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

(10) Government’s unit acquisition cost.

(11) Unit of measure.

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

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

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

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

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

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

(3) Unique item identifier type.**

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

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

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

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

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

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

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

(11) Description.

** Once per item.

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

(1) End items shall be reported using the receiving report capability in Wide Area

WorkFlow (WAWF) in accordance with the clause at 252.232-7003 . If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/.

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

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

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

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

1423.

https://www.acquisition.gov/dfars/part-252-solicitation-provisions-and-contract-clauses#DFARS-252.232-7003 http://dodprocurementtoolbox.com/site/uidregistry/ http://dodprocurementtoolbox.com/site/uidregistry/;

(g) Subcontracts. If the Contractor acquires by subcontract, any item(s) for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the

Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial items.

252.232-7006 Wide Area WorkFlow Payment Instructions (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide

Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003 , Electronic

Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation

Supplement (DFARS) 252.232-7003 , Electronic Submission of Payment Requests and Receiving

Reports.

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

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based

Training Course and use the Practice Training Site before submitting payment requests through WAWF.

Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic

Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

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

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

https://www.acquisition.gov/dfars/252.232-7003-electronic-submission-payment-requests-and-receiving-reports.#DFARS-252.232-7003 https://www.acquisition.gov/dfars/252.232-7003-electronic-submission-payment-requests-and-receiving-reports.#DFARS-252.232-7003 https://wawf.eb.mil/ https://wawf.eb.mil/

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the

Contracting Officer.

(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.

Combo Invoice

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

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

(v) For commercial 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.

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* To be filled in on BPA calls

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC

Issue By DoDAAC

Admin DoDAAC**

Inspect By DoDAAC

Ship To Code

Ship From Code

Mark For…