Solicitation SOW 23-3C5.docx

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RFQ No. HQ072723QBW01 April 25, 2023 Combined Synopsis/Solicitation

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) 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 acquisition is conducted using FAR 13 - Simplified Procedures for Certain Commercial Items.

(ii) Competitive quotes are being requested under Request for Quote (RFQ) Number HQ072723QBW01.

(iii) This solicitation document incorporates provisions and clauses are those in effect through Federal Acquisition Circular FAC 2023-02, Effective: February 22, 2023.

(iv) The North American Industry Classification System (NAICS) code applicable to this acquisition is 334418, Printed Circuit Assembly. The small business size standard is 750 employees. This procurement is issued as 100% Small Business Set-Aside. Only quotes submitted by Small Business Concerns will be accepted by the Government.

(v) A list of contract line item number(s) and items, quantities, and units of measure:

CLIN: 0001 DESCRIPTION OF REQUIREMENTS: Printer Circuit Board (PCB) Fabrication

EXTENDED DESCRIPTION: Fabrication of PCB Board One (1) in accordance with (IAW) Statement of work and technical data package provided.

QTY: 10

Unit of Issue: Each Unit Price:________________________ Extended Price:____________________

CLIN: 0002 DESCRIPTION OF REQUIREMENTS: Printer Circuit Board (PCB) Fabrication

EXTENDED DESCRIPTION: Fabrication of PCB Board Two (2) in accordance with (IAW) Statement of work and technical data package provided.

QTY: 40

Unit of Issue: Each Unit Price:________________________ Extended Price:____________________

CLIN: 1001 (OPTION) DESCRIPTION OF REQUIREMENTS: Printer Circuit Board (PCB) Fabrication

EXTENDED DESCRIPTION: Option CLIN to fabricate up to fifty (50) Printer Circuit Boards (PCBs) for Board 1 IAW the provided technical data package (TDP) and the attached Statement of Work (SOW) up to 9 months after first article testing acceptance (AFATA). Boards to be delivered within fifteen (15) business days or less after notice of option exercised.

QTY: 50

Unit of Issue: Each Unit Price:________________________ Extended Price:____________________

CLIN: 1002 (OPTION) DESCRIPTION OF REQUIREMENTS: Printer Circuit Board (PCB) Fabrication

EXTENDED DESCRIPTION: Option CLIN to fabricate up to two hundred (200) Printer Circuit Boards (PCBs) for Board 2 IAW the provided technical data package (TDP) and the attached Statement of Work (SOW) up to 9 months after first article testing acceptance (AFATA). Boards to be delivered within fifteen (15) business days or less after notice of option exercised.

QTY: 200

Unit of Issue: Each Unit Price:________________________ Extended Price:____________________

To be considered acceptable and eligible for award, quotes must be complete and including all of the items in accordance with the attached Statement of Work (SOW). The Government will not consider quotes or offers for partial items or quantities.

(vi) Contractors shall review the Statement of Work for the full description of requirements.

(vii) Date(s) and place(s) of delivery and acceptance and FOB point:

The expected Delivery Date for this effort is: 15 business days after award. Please include estimated delivery timeframe in quote.

Delivery locations for all CLINs:

Defense Microelectronics Activity (HQ) MEAA 4234 54th Street McClellan, CA 95652 FOB: Destination

(viii) OFFEROR INSTRUCTIONS

The provision at 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services (MAR 2023), applies to this acquisition. The Government intends to award a Firm-Fixed-Price contract resulting from this solicitation to the responsible offeror whose quotation conforming to the solicitation is most advantageous to the Government as defined in the ‘EVALUATION FACTORS FOR AWARD’ Section below. The Government will make available to Offerors the solicitation attachments containing the technical data package to assist in the preparation of a quote. Certain solicitation attachments cannot be posted to the Government point of entry (GPE) as it may contain restricted data and/or technical data. To request access to the restricted attachments, please submit a request via email to the Government Point of Contact: briana.m.watkins.civ@mail.mil. Please reference the name of your company, provide your ITAR certification, and title your email: “HQ072723QBW01 - Solicitation Attachment Access Request” (without quotes) in the subject line of the message. In the body of the email, provide the name and email address of a company individual who will receive a secure download link for the solicitation attachments. If the Government has already granted your company access to the solicitation attachments for this procurement, please indicate this also in the body of the email. The Government will verify the request for access. Upon successful verification, the Government will provide via email to the designated company representative a secure download link for the solicitation attachments. Over the course of the procurement, the Government may provide updated solicitation attachments or additional materials to the same designated company representative. By submitting a quote, Offerors certify that they will destroy restricted information obtained in connection with solicitation HQ072723QBW01 and any and all copies, notes, or other materials produced using the restricted information provided in connection with solicitation within 90 days from contract award if they are deemed an unsuccessful offeror. In the event that restricted information is requested and obtained but no quote is submitted, any and all copies, notes, or other materials produced using the restricted information provided in connection with the solicitation shall be destroyed within 90 days from quote due date and notification shall be made to the Contracting Officer. The deadline to request access to the controlled solicitation attachments shall be the same as the deadline to submit offeror’s questions regarding this solicitation. A complete quote must be received for consideration. Respond to each item listed below, if the response is “None” or “Not applicable,” explicitly state and explain. The Government may consider quotes that fail to address or follow all instructions to be non-responsive and ineligible for contract award. A complete quote includes a response and submission to each of the following:

1. General Information: Offeror Business Name, Address,Cage, and Unique Entity ID (UEID) Codes (ensure Representation and Certifications are up to date in SAM.gov), Business Size and Type of Small Business based on applicable NAICS Code as provided above, Federal Tax ID, Primary Point of Contact (to include telephone and e-mail address) and provide a GSA contract number if some or all items proposed are on the GSA schedule.

2. Price Quote: The offeror shall submit complete pricing for each CLIN listed in the “Description of Requirements” Section above to include the unit price and the extended price for each line item and a total price in US Dollars ($). All options must be priced; partial quotes will not be accepted.

3. Technical Capability: Contractors must provide proof of compliance with ITAR standards with submission of their priced quote. Contractors shall submit product literature that demonstrates the products ability to meet or exceed the functional, physical, or salient characteristics attached to this Request for Quote.

4. Past Performance: The offeror will be evaluated in accordance with the following:

a. DFARS Provision 252.213-7000 Use of Supplier Performance Risk System (SPRS) in Past Performance Evaluation in Past Performance Evaluations (MAR 2023) will be used to conduct the evaluation. A full text of the provision is located below (under section “xiii”).

(ix) Evaluation Factors for Award: In lieu of the provision at 52.212-2 Evaluation-Commercial Products and Commercial Services, the specific evaluation criteria included are price, technical capability, and past performance as defined below:

Factor I – Technical Capability: The Government will evaluate the provided proof of compliance with ITAR standards submitted with the quote. Additionally, all other required information (identified in “Offeror Instructions”) must be provided to constitute a complete quote.

Factor II – Price: The Government will evaluate the total price to determine if it is fair and reasonable. The price quote shall include a unit price for each item and a total firm-fixed-price for all line items. The total firm-fixed-price shall include all applicable taxes and all associated price as outlined in paragraph (v) above. If competitive quotes are not received, the Government reserves the right to utilize other methods identified in the FAR to determine price reasonableness.

**Basis for Award: The Government intends to award a firm-fixed-price contract to the responsible offeror meeting solicitation requirements, such as terms and conditions, representations, and certifications in order to be eligible for award. The vendor must be actively registered in the System for Award Management (SAM) at the time of offer submission. The award decision will be based on whether the lowest priced of the quotations or offers with demonstrated compliance with ITAR standards. The decision will also include a review of records in the Supplier Performance Risk System (SPRS). In order to arrive at the best value determination, the Government reserves the right to resolve quote deficiencies with one, some, or all contractors at its discretion. Additionally, the quote will be evaluated for a fair and reasonable price. The Government reserves the right to award no contract at all, depending on the quality of quotes submitted and availability of funds.

(x) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Products and Commercial Services (DEC 2022), applies to this acquisition.

(xi) The clause at 52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Products and Commercial Services (DEV 2018-O0021), applies to this acquisition. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses can be accessed in full text at https://www.acquisition.gov/content/regulations.

The following additional FAR clauses and provisions are applicable to this acquisition:

52.203-19
Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
52.204-7
System for Award Management
OCT 2018
52.204-10
Reporting Executive Compensation and First-Tier Subcontract Awards
JUN 2020
52.204-16
Commercial and Government Entity Code Reporting
AUG 2020
52.204-18
Commercial and Government Entity Code Maintenance
AUG 2020
52.204-19
Incorporation by Reference of Representations and Certifications.
DEC 2014
52.204-21
Basic Safeguarding of Covered Contractor Information Systems
NOV 2021
52.204-22
Alternative Line Item Proposal
JAN 2017
52.204-23
Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities
NOV 2021
52.204-25
Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.207-4
Economic Purchase Quantity-Supplies
AUG 1987
52.209-6
Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
NOV 2021
52.209-10
Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.211-17
Delivery of Excess Quantities
SEP 1989
52.212-1
Instructions to Offerors--Commercial Products and Commercial Services
MAR 2023
52.212-2
Evaluation - Commercial Items
NOV 2021
52.212-3 Alt I
Offeror Representations and Certifications --
DEC 2022
52.212-4
Contract Terms and Conditions--Commercial Products and Commercial Services
DEC 2022
52.212-5 (Dev)
Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (Deviation 2018-O0021)
MAR 2023
52.214-34
Submission Of Offers In The English Language
APR 1991
52.214-35
Submission Of Offers In U.S. Currency
APR 1991
52.217-5
Evaluation Of Options
JUL 1990
52.219-6
Notice Of Total Small Business Set-Aside
NOV 2020
52.219-33
Nonmanufacturer Rule
SEP 2021
52.222-1
Notice To The Government Of Labor Disputes
FEB 1997
52.222-3
Convict Labor
JUN 2003
52.222-19 (Dev)
Child Labor - Cooperation with Authorities and Remedies (DEVIATION 2020-O0019)
DEC 2022
52.222-21
Prohibition Of Segregated Facilities
APR 2015
52.222-26
Equal Opportunity
SEP 2016
52.222-36
Equal Opportunity for Workers with Disabilities
JUN 2020
52.222-50
Combating Trafficking in Persons
NOV 2021
52.223-11
Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons.
JUN 2016
52.223-16 Alt I
Acquisition of EPEAT - Registered Personal Computer Products - Alternate I
JUN 2014
52.223-18
Encouraging Contractor Policies To Ban Text Messaging While Driving
JUN 2020
52.225-13
Restrictions on Certain Foreign Purchases
FEB 2021
52.225-18
Place of Manufacture
AUG 2018
52.232-1
Payments
APR 1984
52.232-8
Discounts For Prompt Payment
FEB 2002
52.232-39
Unenforceability of Unauthorized Obligations
JUN 2013
52.232-40
Providing Accelerated Payments to Small Business Subcontractors
MAR 2023
52.233-3
Protest After Award
AUG 1996
52.233-4
Applicable Law for Breach of Contract Claim
OCT 2004
52.242-15
Stop-Work Order
AUG 1989
52.246-1
Contractor Inspection Requirements
APR 1984
52.247-34
F.O.B. Destination
NOV 1991
52.253-1
Computer Generated Forms
JAN 1991

The following additional DFARS provisions and clauses are applicable to the acquisition:

252.203-7000
Requirements Relating to Compensation of Former DoD Officials
SEP 2011
252.203-7002
Requirement to Inform Employees of Whistleblower Rights
DEC 2022
252.203-7005
Representation Relating to Compensation of Former DoD Officials
SEP 2022
252.204-7000
Disclosure Of Information
OCT 2016
252.204-7003
Control Of Government Personnel Work Product
APR 1992
252.204-7006
Billing Instructions
OCT 2005
252.204-7012
Safeguarding Covered Defense Information and Cyber Incident Reporting
JAN 2023
252.204-7015
Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
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 2023
252.204-7019
Notice of NIST SP 800-171 DoD Assessment Requirements
MAR 2022
252.204-7020
NIST SP 800-171 DoD Assessment Requirements
JAN 2023
252.204-7024
Notice on the Use of the Supplier Performance Risk System
MAR 2023
252.223-7008
Prohibition of Hexavalent Chromium
JAN 2023
252.225-7001
Buy American And Balance Of Payments Program--Basic
JAN 2023
252.225-7002
Qualifying Country Sources As Subcontractors
MAR 2022
252.225-7048
Export-Controlled Items
JUN 2013
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7006
Wide Area WorkFlow Payment Instructions
JAN 2023
252.232-7010
Levies on Contract Payments
DEC 2006
252.243-7001
Pricing Of Contract Modifications
DEC 1991
252.246-7008
Sources of Electronic Parts
JAN 2023
252.247-7023
Transportation of Supplies by Sea
JAN 2023

The following additional FAR and DFARS provisions and clauses are applicable to the acquisition and are incorporated by full text:

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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 Products and Commercial Services. 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) Representations. 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)

52.217-7 OPTION FOR INCREASED QUANTITY--SEPARATELY PRICED LINE ITEM (MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 9 months. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 9 months provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed twelve months.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAR 2023)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code assigned to contract number .

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[Contractor to sign and date and insert authorized signer's name and title.]

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/ https://www.acq.osd.mil/

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://www.acquisition.gov/ https://www.acq.osd.mil/

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

52.252-6 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 Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.209-7997 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW—DOD APPROPRIATIONS

(DEVIATION 2013-O0006) (JAN 2013)

(a) In accordance with section 101 (a) (3) of the Continuing Appropriations Resolution, 2013, (Pub. L. 112-175) none of the funds made available by that Act for general appropriations for DoD may be used to enter into a contract with any corporation that—

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

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

(b) The Offeror represents that—

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

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

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

(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.

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

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

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

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

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

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

Government's unit acquisition cost means--

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Contract line, subline, or exhibit line item No. Item description

(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 No. Item description

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

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

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

(v) Any item not included in paragraphs (c)(1)(i), (ii), (iii), or

(iv) of this clause 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 unique item identification under paragraph (c)(1)(iii) of this clause, the Contractor shall report as part of, or associated with, 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.

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