Solicitation No. M67400-22-Q-0017.pdf

OPEN MARKET REQUEST FOR QUOTATION

Solicitation No. M67400-22-Q-0017

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, 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 is an OCONUS requirement: FAR 19.000(b) applies.

This solici tat ion document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-04 and Defense Federal Acquisition Regulations Supplement Publication Notice (DPN) 20220228. THIS NOTICE CONSTITUTES THE ONLY

SOLICITATION.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT TOTAL PRICE

0001 1 Each Repair Komatsu Press Machine

FFP

Contractor shall provide the repair service on the government’s owned Komatsu Press Machine at Bldg. 346 on Camp Foster, Okinawa, Japan in accordance with the Performance of Work Statement.

Contractor shall complete the service within 30 days after the date of award.

Addendum to 52.212-1 Instructions to Offerors. The quote shall contain all requested products/service as the contract award will be made in aggregate. Therefore, any quote received without all products/service priced will be considered non-responsive.

Offerors shall provide the following items with a quote:

(1) Price Quotation: In addition to the CLIN level item pricing required above, offeror shall provide materials/parts pricing information to restore the Komatsu press brake in this volume. This may include materials/parts literature, catalog descriptions, or other documents, as appropriate.

(2) Technical Information: A technical description of the services being offered in sufficient detail to evaluate compliance with the requirements in the Request for Quotes and, for services, the associated Performance Work Statement PWS.

(3) The offeror shall complete the coversheet in the attachment.

Offerors shall submit their response to this RFQ no later than 22 Mar 2022 at 16:00 Japan Standard Time (JST). All questions shall be submitted via email to isoko.yonahara.ja@usmc.mil no later than 14 Mar 2022 at 16:00 (JST).

A site visit may be conducted if vendors request for it.

Performance Work Statement (PWS)

For the Komatsu Press Machine

1.0 General

1.1. Introduction and Background. Komatsu press brake is inoperable due to servo amplifier failure and requires corrective maintenance by personnel with expertise in machinery repair. The press brake is critical for use in support WC-3063 fabrication of parts for use in facilities on MCB Camp Butler and associated camps.

1.2. Scope of Work and Objective. Contractor shall provide corrective maintenance to include tools, materials, parts, equipment, and labor necessary to repair servo amplifier failure and restore Komatsu press brake, Model PAS5012NET, serial number: 10287, to manufacturer’s specifications.

2.0 Period of Performance. Within seven calendar days, after the contract is awarded, the Contractor shall immediately start a repair work on press brake to restore press brake to full operational capacity within manufacturer’s specifications.

2.1. . All work shall be completed within 30 days from the contract award date.

2.1.1. Federal Holidays. The contractor shall not be required to provide services on federal holidays unless the holiday is particularly specified otherwise in this PWS.

* When a federal holiday falls on Sunday, the following Monday will be observed as a holiday by the U.S.

government. When a federal holiday falls on a Saturday, the preceding Friday will be observed as a holiday.

In addition to these federal holidays, if the President of the United States issues an executive order closing the federal government, that date shall also be considered a recognized federal holiday (Reference Executive Order 11582 of February 11, 1971, and 5 U.S.C. 5546 and 6103(b) and other similar statues Insofar as they relate to the pay and leave of employees of the United States).

2.1.2. Typhoon Conditions. Japan-based military installations close when Tropical Cyclone Condition of Readiness 1C (TCCOR 1C or TC-1C) is declared by Military Weather Station authorities. The Contractor will be required to depart military bases, remain indoors, and monitor radio/television to determine when the TCCOR changes to TCCOR SW (Storm Watch) or TCCOR AC (All Clear). When TCCOR SW is declared by Military Weather Station authorities, the Contractor shall restart the service within 2 hours. If that occurs after normal business hours, services shall begin the next normal workday at 7:30am.

3.0 Place of Performance. Metal shop in bldg. 346 on Camp Foster, Ginowan City, Okinawa, Japan.

4.0 Technical Requirements (Description of Work / Tasks)

Federal Holiday Occurrence New Year’s Day 1 January*

Martin Luther King Jr.’s Birthday 3rd Monday of January President’s Day 3rd Monday of February Memorial Day last Monday of May

Independence Day 4 July* Labor Day 1st Monday of September

Columbus Day 2nd Monday of October Veterans Day 11 November*

Thanksgiving Day 4th Thursday of November Christmas Day 25 December*

4.1 Corrective Maintenance. The Contractor shall use the OEM manual, manufacturer’s specifications, and machinery repair trade standard and good work practices and technology to correct servo amplifier failure.

Contractor shall provide tools, equipment, parts, materials, and labor to restore press brake to manufacturer specifications. Repairs will likely require replacement of servo amplifier, servo motor, controller, associated cables, and labor necessary to remove defective parts, install new parts, install settings, and test machine operation.

4.2 Operational Test. The Contractor shall prove satisfactory completion of repairs by showing the press brake has been returned to manufacturer’s specifications and operates in full capacity in accordance with OEM manual. The operational test shall consist of the following:

4.2.1 Fabrication of three forms of sheet metal at three different angles (utilizing three sets of shop dies, on hand), three times each, with 100% accuracy and 100% repeatability.

5.0 Delivery or Deliverables Within seven calendar days, after the contract is awarded, the Contractor shall immediately perform a repair work to restore press brake to operational condition within manufacturer’s specifications. Work shall be completed within 30 days from the contract award date.

6.0 Applicable Documents / Governing References. In addition requirements of regulations and policies applicable to this contract/order by virtue of clauses contained herein, the contractor shall, in the performance of this contract/order, also comply with all references applicable to the specific tasks of this Performance Work Statement, as listed below, including any amendments or subsequent issuance.

Reference Location MCO 5100.8 OSH Policy Order www.safety.marines.mil OSHA www.osha.gov

7.0 Special Instructions and Administrative Information

7.1. Non-Personal Services. This is a non-personal services, performance-based contract. The contractor bears responsibility to manage its employees and guard against any actions that could be characterized as personal services as defined in FAR 37.104, or which convey the perception that personal services are being delivered. No provisions are implied nor provided in this contract for any benefits such as medical care, retirement, or worker’s compensation, other than those incorporated through enumerated clauses.

7.2. Identification of Contractor Personnel and Equipment. In accordance with DFARS 211.106, contractor personnel performing non-personal services on DOD installations or other government facilities shall ensure that they are readily identifiable as contractor employees (including subcontractors and consultants). All contractor employees shall comply with the following at all times:

7.2.1. Telephone Identification. Identify themselves as contractor personnel at the onset of every telephone call made from a Government telephone or any other phone if the call is made in support of Government-related requirements and activities.

7.2.2. Recorded Messages. Identify themselves as contractor personnel in all recorded messages including those, which are heard by callers attempting to contact contractor employees via answering machines or voicemail.

7.2.3. Meetings, Conferences and Events. Identify themselves as contractor personnel at the onset of every meeting, conference or any other gathering attended in support of any Government related requirements or activities.

7.2.4. Correspondence. Identify themselves as contractor personnel on any correspondence, documents, or reports accomplished or sent in support of any service provision to the Government, including, but not limited to, correspondence sent via the U.S. Mail, facsimile, or electronic mail (email) inclusive of out-of-office replies.

7.2.5. Personal and Corporate Identification. Wear or display contractor provided nametags, badges or attire which display, at a minimum, the name of the contractor and their respective company.

7.3. Designated Third Country Nationals (DTCN). Persons from certain countries are considered DTCN and are generally restricted from entering Marine Corps Bases Japan (MCBJ) Camps, Air Stations, or facilities. A listing of DTCN countries and other related information regarding this policy can be found in USFJ Instruction 31-204 (Designated Third Country Nationals), which can be made available upon request.

7.4. Exemption from Japanese Taxes. Pursuant to the U.S. – Japan Status of Forces Agreement and the Joint Committee, the governments of the United States and Japan have agreed that the procurement in Japan of materials, supplies, equipment and services for official purposes may be except from certain Japanese taxes. When incorporated, paragraph c. of the clause FAR 52.229-6, “TAXES – FOREIGN FIXED PRICE CONTRACTS” and/or DFARS 225.229-7001 ‘TAX RELIEF’ stipulate that contract/order pricing shall not include the Consumption Tax. Submission of, and/or incorporation into the contract of, your offer, certifies that pricing does not contain any cost related to the Consumption Tax. Questions concerning this matter should be directed to your local Japanese Tax Office.

7.5. Subcontract Management. The contractor shall be responsible for any subcontract management necessary to integrate work performed on this requirement and shall be responsible and accountable for subcontractor performance on this requirement. The prime contractor will manage work distribution to ensure there are no Organizational Conflict of Interest (OCI) considerations. Contractors may add subcontractors to their team after notification to the Procuring Contracting Officer (PCO) or Contracting Officer Representative (COR). Cross teaming may or may not be permitted.

7.6. Mission Essential Personnel / Tasks. Unless specified otherwise in this Performance Work Statement, contractors supporting this contract/order are not considered “Mission Essential” personnel (as defined in DFARS 237.76) who would be required during crisis or emergency operations.

7.7. Hazardous Materials and Safety. The Contractor and its subcontractors shall comply with all applicable laws, including Public Law 91-596 (Occupational Safety and Health Administration (OSHA)) and DOD Directive 4715.1E, Environmental, Safety, and Occupational Health (ESOH)). Contractor personnel performing services on a DOD installation shall participate in local Voluntary Protection Programs (VPP). Information on the VPP is available at http://www.osha.gov/dcsp/vpp/index.html

7.8. Installation Access and Personnel Credentialing

7.8.1. Motor Vehicles. Vehicle licensing, registration, and insurance requirements must all be conducted in accordance with host nation law, USFJ Instruction 31-205, and applicable local installation policies.

7.8.1.1. Registration/Permits. Vehicle registration on Okinawa, Japan is conducted with the Provost Marshal via the Joint Services Vehicle Registration Office (JSVRO) at Bldg. 5638, Marine Corps Base, Camp Butler. Information may be obtained at JSVRO website at: https://www.mcbbutler.marines.mil/Base-Information/Vehicle-Registration/, or by calling +81-(0)98-970-7481.

7.8.1.2. Registration Termination. Vehicle permits will expire upon termination date of this contract/order, expiration of an individual base pass or DBIDS ID, expiration of vehicle inspection sticker, or termination of their employment (whichever occurs first). Permits issued to individuals who overstay any of these authorized dates become void and invalid.

7.8.1.3. Insurance. Vehicle permitting procedures require that all vehicles, personal or corporate, must be properly inspected and insured in accordance with Japanese Compulsory Insurance (JCI) requirements. Additionally, for SOFA status personnel and U.S. corporate vehicles, the Contractor or SOFA status individual is required to procure and maintain, during the entire period of performance under this contract, the following minimum insurance on each vehicle used by the Contactor at the work site:

Automobile Property Damage Insurance Amount: ¥30,000,000 (or U.S. Dollar equivalents) Bodily Injury Insurance Amount: ¥30,000,000 Yen (or U.S. Dollar equivalents)

Prior to the commencement of work, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance for any and all corporate vehicles to be used. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the laws of the state in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer.

7.8.1.4. Road Laws. All personnel operating motor vehicles under this contract/order are subject to U.S. military installation regulations and Japanese Road Laws. Failure of the contractor, its employees, or its sub-contractors, to comply, may result in revocation of driving privileges or other legal action.

7.8.1.5. Vehicle Disposal. Personnel protected under the Status of Forces Agreement (SOFA) are required by regulation to properly dispose of vehicles prior to departure from Japan. For individuals performing under this contract, the contractor may be held financially liable for vehicles abandoned, or vehicles not disposed of properly, in accordance with vehicle regulations as agreed with the Government of Japan.

7.8.2. Personnel Access / Credentialing. Access to local installations is inherently required to accomplish specified tasks under this contract/order. The contractor shall therefore ensure all necessary actions are taken to obtain such access by its personnel in time to affect access in accordance with the requirements of the PWS and POP. Failure to complete such actions in a timely manner, some of which may occur prior to the POP or individual mobilization/relocation to the place of performance, shall not constitute excusable delay. Upon request, the Contracting Officer will provide a ‘check-in’ sheet that summarizes required actions.

7.8.2.1. Common Access Cards (CAC). Provided the clause 52.204-9 is incorporated, personnel performing on this contract/order may require a CAC. Pursuant to FAR 52.204-9, the CAC is DOD’s Personal Identity Verification (PIV) system; DOD procedures for CAC issuance are applicable and incorporated herein, as governed by DODI/M series 1000.13, DODI 5200.46, and other regulations. All personnel to be issued CAC must meet eligibility and suitability criteria as specified in the references; accordingly, the vetting procedures and required personnel actions may often begin well before the contract/order POP. The contractor and its employees and/or subcontractors are responsible for ensuring timely action and suitability to obtain CACs, and any resultant access issues from non-compliance shall not constitute excusable delay.

7.8.2.2. Base Passes and/or Defense Biometrics Identification System (DBIDS) cards. Personnel that do not qualify for CAC require an alternate credential for installation access, as governed by Marine Corps Installations Pacific Order 5512.2, which can be provided upon request. The process to request access requires approval from the Contracting Officer in an access request letter.

7.8.2.3. Return and/or Disposal of Access Credentials. The contractor’s employees shall return to the applicable issuing office all base passes, DBIDS cards, and/or CAC, immediately upon termination of employment or completion of this contract and certification of receipt shall be obtained and submitted to the Contracting Officer.

The Contractor shall submit a listing of employees terminated under this contract to the Contracting Officer within seven (7) days of the effective date of termination.

7.8.2.4. Status of Forces Agreement. Possession of a CAC or other credential does not, alone, determine the legal status of personnel performing under this contract. Additionally, unless specifically identified on the CAC, the credential does not necessarily authorize logistical support privileges such as commissary/exchange access. The individual status of personnel performing under this contract, and the privileges authorized, are governed in accordance with United States Force Japan Instructions (predominantly USFJI 64-100), applicable credentialing regulations, and the information prescribed via DFARS clauses regarding Contractor Personnel in Japan, as contained herein.

7.9. Privacy Act. Pursuant to FAR clause 52.224-3, as incorporated, DoD requires agency-specific Privacy Act training as prescribed in DODM 5400.11-R. DODM 5400.11-R also prescribes required actions regarding information and privacy, which are applicable to the contractor and its personnel performing under this contract/order. The regulation may subject the contractor and/or contractor's personnel to criminal liability under Title 18, Section 793 and 7908 of the United States Code.

7.10. Classified information. Any classified work products shall be handled in accordance with DoD Instruction 5220.22-M. The contractor’s procedures for protecting against unauthorized disclosure of information will not require DoD employees or members of the Armed Forces to relinquish control of their work product, whether classified or not, to the contractor. The contractor may also have access to, and be required to safeguard, For Official Use Only (FOUO), sensitive, confidential, and/or classified information and material.

7.11. Key Control. The Contractor shall establish and implement methods of ensuring that all keys issued to the Contractor by the government are not lost or misplaced, and are not used by unauthorized persons. The Contractor shall report lost keys to the COR. The Contractor shall not duplicate any keys. It is also the responsibility of the Contractor to prohibit the opening of locked areas by the Contractor’s employees to permit entrance of persons other than Contractor’s employees engaged in the performance of assigned work in those areas. In the event keys are lost or unauthorized duplication occurs through the fault of a Contractor employee, The Government may, at its option, require the Contractor to replace keys, reimburse the government for replacement of locks, or re-key as a result of Contractor losing keys. In the event a master key is lost or duplicated, the Contractor shall replace all locks and keys for that system and the total cost will be deducted from the monthly payment.

7.12. Travel. Travel costs are NOT reimbursable unless specifically provided for in this order/contract through an enumerated cost reimbursable Contract Line Item Number (CLIN) entitled Travel.

7.12.1. Travel Pre-Authorization. All travel shall be pre-approved, in writing, by the Contract Officer or COR. The request shall include total cost, and itemized airfare, rental vehicle, per diem, mileage, parking, fuel and toll charges.

Travel requests will include the purpose of the trip and why Video Teleconference (VTC) or phone conversations would not meet the business requirement. Costs for travel shall be billed in accordance with the regulatory implementation of Public Law 99-234 and FAR 31.205-46 Travel Costs

7.12.2. Authorized Travel. Authorized travel costs will only be reimbursed for:

Contractor employees who otherwise perform direct day-to-day services at the designated place of performance under the requirements of this order/contract, Who have a need to travel to fulfill the performance of those duties, and Upon the direct request and written pre-approval of the Contracting Officer (KO) or appointed Contracting

Officer Representative (COR)

7.12.3. Unauthorized Travel. Travel costs are explicitly not-reimbursable for the following:

Relocation or initial mobilization costs, or any other travel not pre-approved by the KO or COR, Contractor personnel who indirectly support this order/contract (such as visiting management or supervisory personnel not otherwise providing on-site day-to-day support),

7.12.4. Foreign Travel

7.12.4.1. Compliance with DOD Foreign Clearance Guide (FCG). Personnel performing under this contract who may be required to travel to other countries during performance, shall comply with all FCG prescriptions for each country to be visited. Access to the FCG can be found here: https://www.fcg.pentagon.mil/fcg.cfm . Contractors unable to access the site, or otherwise requiring assistance, shall contact the contracting officer, or appointed Contracting Officer Representative (COR) for assistance.

7.12.4.2. Compliance with U.S. Indo-Pacific Command (INDOPACOM) and other directives. Contractor personnel traveling within the INDOPACOM Area of Responsibility (AOR) are subject to, and shall comply with, INDOPACOM directives related to such travel. Additionally, contractor personnel traveling in support of exercises, or other specified events and activities, shall comply with applicable travel instructions published for the designated area or event, as issued by General Order, Planning Conference Memorandum, Exercise Directive, Initiating Directive, or other similar correspondence.

7.12.4.3. Personnel with security clearance are subject to additional requirements and shall consult with the supported command G-2 when contemplating and/or completing foreign travel.

7.12.5. Allowable Costs

7.12.5.1. All travel shall be conducted in accordance with Federal Travel Regulations (FTR) and/or U.S. Department of State Standardized Regulations (DSSR).

7.12.5.2. Reimbursement is strictly limited to only those direct costs authorized in FAR 31.205-46. Overhead and/or G&A expenses are not allowable.

7.12.5.3. As indicated in FAR 31.205-46(a) (3) (IV), 31.205-46(a) (7), and 31.250-46(b), all costs must be supported by appropriate documentation and receipts provided to the KO/COR.

7.13. Quality Control and Quality Assurance. In accordance with FAR part 46, and the respective enumerated clauses incorporated in this contract/order, the contactor is reminded that the government may conduct Quality Assurance actions, inspect the Contractor’s Quality Control Plan and records, and take remedial actions as necessary, at any time through the duration of this contract/order.

End Performance Work Statement

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment

NOV 2021

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

DEC 2021

52.212-3 Offeror Representations and Certifications--Commercial Products and Commercial Services

DEC 2021

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2021

52.225-14 Inconsistency Between English Version And Translation Of Contract

FEB 2000

52.229-12 Tax on Certain Foreign Procurements FEB 2021

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2021

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

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 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7004 Antiterrorism Awareness Training for Contractors FEB 2019 252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

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

DEC 2019

252.204-7017 Prohibition On The Acquisition Of Covered Defense Telecommunications Equipment Or Services—Representation

MAY 2021

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

JAN 2021

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

SEP 2019

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 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 252.225-7041 Correspondence in English JUN 1997 252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

JUN 2015

252.225-7976 (Dev) Contractor Personnel Performing in Japan. (DEVIATION 2018-O0019)

AUG 2018

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer 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:

(a)(1) The basis for award is PRICE AND OTHER FACTORS per FAR 13.106-1(a)(2).

(a)(2) Evaluation procedures per FAR 13.106-2(b)

All quotations or offers will be ranked in order of lowest price to highest price. The lowest-priced quote shall be evaluated first. If the lowest-priced quote/quoter; (i) conforms to all matters with respect to the solicitation;

(ii) has satisfactory past performance and; (iii) provides a fair and reasonable price: then no other quotes/quoters will be evaluated for award.

(i) Conforming to all matters with respect to the solicitation:

Quotes/Quoters must clearly demonstrate the quoted services; must address each general and performance requirement with respect to the Performance Work Statement; must specify delivery dates; and must meet all the terms and conditions of the solicitation.

(ii) Past Performance:

The apparent successful, prospective contractor shall have satisfactory past performance. Past Performance shall be evaluated in accordance with FAR 13.106-2(b)(3)(ii) and DFARS 213.106-2(b)(i). Contractors without a record of relevant past performance history may not be evaluated favorably or unfavorably for its past performance history. Contractors are encouraged to submit letters of recommendation from other U.S. contracts.

(iii) Price:

Before making the award, the Contracting Officer will use FAR 13.106-3(a) to determine that the apparent successful, prospective contractor proposed price is fair and reasonable.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (JAN 2022)

(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 products and commercial services:

(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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

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

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

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

___ (5) [Reserved]

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

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

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

____ (10) [Reserved]

____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

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

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (SEP 2021) of 52.219-9.

____ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C.

657f).

____ (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (SEP 2021) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (SEP 2021) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

____ (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

____(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126).

____ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

____ (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

____ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

____ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

____ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

____ (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

____ (36) 52.222-54, Employment Eligibility Verification (NOV 2021). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(JUN 2016) (E.O. 13693).

____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

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

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

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

____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

____ (48) 52.225-1, Buy American--Supplies (NOV 2021) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (JAN 2021) of 52.225-3.

____ (iii) Alternate II (JAN 2021) of 52.225-3.

____ (iv) Alternate III (JAN 2021) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 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) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

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

____ (iii) Alternate II (NOV 2021) of 52.247-64.

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

_____ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii) _____ (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (NOV 2021) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

(B) Alternate I (Jan 2017) of 52.224-3.

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

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

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://acquisition.gov

(End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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://acquisition.gov

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):

Invoice 2in1

(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*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0721

Issue By DoDAAC M67400

Admin DoDAAC** M67400

Ship To Code M20233

Service Acceptor (DoDAAC) M20233

LPO DoDAAC M20233

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(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.

WAWF Acceptor:

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

(End of RFQ)