Solicitation W25G1V22Q0115.pdf

SEE ADDENDUM

(No Collect Calls)

W25G1V22Q0115 18-May-2022

b. TELEPHONE NUMBER

5706157068

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 31 May 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W25G1V9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ALICIA A PIERCY

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W25G1V2083012J

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ACC-APG, TOBYHANNA DIVISION

TOBYHANNA ARMY DEPOT

11 HAP ARNOLD BLVD

TOBYHANNA PA 18466

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W25G1V 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

SEE BELOW FOR SEPARATE SHIPPING INSTRUCT

XXX

XXX PA 00000

TEL: FAX:

FAX:

TEL: 570-615-7232 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$41,500,000

NAICS:

812332

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF62

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W25G1V22Q0115

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot

UNIFORM RENTAL & CLEANING - BASE YEAR

FFP

UNIFORM RENTAL AND DRY CLEANING SERVICE CONTRACT

For the base year period of 17 June 2022 - 16 June 2023 in accordance with the attached Statement Of Work (SOW) with four Option Years renewable at the discretion of the Government per attached SOW.

*Please reference the attached Addendum/Basis of Award for further details*

EMAIL BIDS TO: ALICIA.A.PIERCY.CIV@ARMY.MIL

The Period of Performance for this CLIN is estimated and will be determined at time of award.

Services performed under this CLIN will be subject to the Service Contract Labor Standards. Wage rates can be found at https://beta.sam.gov and are also indicated on the Addendum within this Solicitation.

TOBYHANNA POINT OF CONTACT AND WAWF PAYMENT ACCEPTOR:

Johanna Lange, Phone: (570) 615-7244 POC EMAIL: johanna.l.lange.civ@army.mil

The contractor shall submit invoices supported with documentation through WAWF to the POC for validation purposes prior to any payments being authorized.

FOB: Destination

NSN: AASSVC2083012J

MILSTRIP: W25G1V2083012J

PURCHASE REQUEST NUMBER: W25G1V2083012J

PSC CD: W084

NET AMT

0002 1 Lot

OPTION UNIFORM RENTAL & CLEANING OPTION YEAR 1

FFP

UNIFORM RENTAL AND DRY CLEANING SERVICE CONTRACT

The Period of Performance for this CLIN is estimated and will be determined at time of award.

Services performed under this CLIN will be subject to the Service Contract Labor Standards. Wage rates can be found at https://beta.sam.gov and are also indicated on the Addendum within this Solicitation.

PSC CD: W084

0003 1 Lot

OPTION UNIFORM RENTAL & CLEANING OPTION YEAR 2

FFP

UNIFORM RENTAL AND DRY CLEANING SERVICE CONTRACT

The Period of Performance for this CLIN is estimated and will be determined at time of award.

Services performed under this CLIN will be subject to the Service Contract Labor Standards. Wage rates can be found at https://beta.sam.gov and are also indicated on the Addendum within this Solicitation.

0004 1 Lot

OPTION UNIFORM RENTAL & CLEANING OPTION YEAR 3

FFP

UNIFORM RENTAL AND DRY CLEANING SERVICE CONTRACT

The Period of Performance for this CLIN is estimated and will be determined at time of award.

Services performed under this CLIN will be subject to the Service Contract Labor Standards. Wage rates can be found at https://beta.sam.gov and are also indicated

0005 1 Lot

OPTION UNIFORM RENTAL & CLEANING OPTION YEAR 4

FFP

UNIFORM RENTAL AND DRY CLEANING SERVICE CONTRACT

The Period of Performance for this CLIN is estimated and will be determined at time of award.

Services performed under this CLIN will be subject to the Service Contract Labor Standards. Wage rates can be found at https://beta.sam.gov and are also indicated

ADDENDUM - BASIS OF AWARD

ADDENDUM

1. This requirement is an unrestricted, firm fixed price contract for Uniform Rental and Dry Clean-Laundering services.

2. Site Visit. A site visit is not planned, however a site visit may be requested through the Contract Specialist, alicia.a.piercy.civ@army.mil and will be scheduled through the Technical Point of Contact. Written request for site visit shall be sent to alicia.a.piercy.civ@army.mil no later than 23 MAY 2022. The Contracting Officer Representative, (COR) for this project is: Johanna Lange, Phone: 570-615-7244; Email:

JOHANNA.L.LANGE.CIV@ARMY.MIL

3. All proposals shall be emailed to ALICIA.A.PIERCY.CIV@ARMY.MIL by the date and time specified in the solicitation. Please reference the solicitation number “W25G1V-22-Q-0115” in the email. Email shall include the signed copy of the SF 1449 Solicitation, completed FAR Provision 52.204-24 and 52.204-26 (these Provisions are enclosed in the Clause Section of this Solicitation for contractor to fill in), Attachment 1 Bid Chart for Pricing Worksheet, and all items listed in the Proposal Requirements below. Emails not including all of these items may not be accepted.

4. Any resultant award will be a Firm Fixed Price Type Contract.

BASIS OF AWARD: The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be the best value to the Government. Three (3) evaluation factors: Technical, Past Performance and Price will be used. The award will also be based on the lowest price technically acceptable. The price will be calculated based on the aggregate total of all fields located in the attached bid chart. The bid chart must be completed for bids to be considered. Must also bid on all items to be considered.

5.

Refer to Section titled: ‘Evaluation of Proposals’ for detailed information within FAR Clause 52.212-

2, EVALUATION-COMMERCIAL ITEMS.

6. CONTRACTOR SUBMITTED QUESTIONS: Offerors are advised to submit any questions regarding this solicitation in writing as soon as practical but no later than seven (7) calendar days prior to solicitation response due date to alicia.a.piercy.civ@army.mil. Answers will be consolidated and posted as an Amendment to the Solicitation in the form of Questions and Answers. Questions received after this time will not be answered.

7. Department of Labor (DOL) Service Contract Act (SCA) Wage Determination No. – Service Contract Act WD # (2015-5797); and any amendments thereto which are listed below. Modification Number: 18, Dated: 3/15/2022

8. PROPOSAL REQUIREMENTS:

a. Contractor Quotation

b. Attachment 1 Bid Chart for Pricing Sheet

c. Signed 1449

d. All Signed Amendments

e. Three (3) Past Performance References

f. Technical Proposal Submission

g. The Contractor shall complete FAR Provision 52.204-24 and FAR Provision 52.204-26 and submit with Contractor Proposal (these Provisions are enclosed in the Clause Section of this Solicitation for contractor to fill in).

UNIFORM RENTAL & CLEANING SOW

STATEMENT OF WORK

PROTECTIVE WORK CLOTHING CONTRACT

D/SYSTEMS INTEGRATION AND SUPPORT

TOBYHANNA ARMY DEPOT

GENERAL

1. The contractor shall provide all supervision, labor, equipment and material in performing all operations in connection with providing and maintaining rental and laundering service for 100% Cotton Coveralls, Fire Resistant (FR) Coveralls, Fire Resistant (FR) Welding Jackets, Warm-up Jackets and White 100% Cotton Bath Towels for the Directorate of Systems Integration and Support for the base year period of 17 Jun 22 thru 16 Jun 23 with four option years, renewable at the discretion of the government.

1.1 The contractor shall provide initial fitting and issuance of coveralls and jackets, pick up and drop off for laundering services, cleaning, repair, replacement, invoicing, and provide reconciliation for inventory.

1.2 A weekly copy of invoice with names of all individuals will be left with each department and signed by a Company representative and a person designated by Tobyhanna. Pick up & delivery garments will be scanned and a PDF report will be furnished to a designated person 24 hours after information has uploaded in our system.

1.3 Within two days after receipt of order Contractor shall complete form ELTY-0648-C Request for Access to Tobyhanna Army Depot to allow entrance on to the depot.

1.4 Contractor shall size all employees for initial fitting and maintain and provide a spreadsheet by cost center stating the employee name, description of garment, number of garments received, company account number and individual's locker number.

1.5 The contractor shall provide initial fitting and issuance of coveralls and jackets for employees following the distribution list below. All vendor costs must be filled in each block for quote to be considered responsive. Variation in quantity can occur to accommodate Tobyhanna Army Depot's need. Price shall reflect the initial cost, laundered cost and replacement pricing for the current performance period.

2. 100% Cotton Coveralls (Navy Blue):

2.1. Approximately 8 people requiring 3 ea. 100% cotton coveralls - Total: Cost Center 5M210: Total Count: 24.

2.1.1. Coverall - The standard uniform will be made of 100% cotton with zipper front, standard collar, with long sleeves.

2.2. Each employee will be issued three (3) new coveralls.

2.3 Name tags with the person's first name, or nickname, will be placed over the right hand pocket of each shirt.

2.4 The standard 100% cotton coverall shall be laundered in accordance with the uniforms' manufacturer recommendation, using hypo-allergenic detergent.

3.0 Price:

3.1 Request price per garment per week for rental/laundering and servicing of 100% cotton coveralls - base year:

3.2 First option year, request price per coverall per week

3.3 Second option year, request price per coverall per week

4. Arc Flash/Fire Resistant (FR) Coveralls shall be rated for a Hazard Risk Category 2, and a minimum PPE rating of eight (8) Calories/cm2.

4.1 Approximately 15 people requiring 5 ea. Arc Flash/Fire Resistant (FR) Coveralls-Cost Center 5M220 - Total Count 75

Approximately 27 people requiring 6 ea. Arc Flash/Fire Resistant (FR) Coveralls- Cost Center 5M230 - Total Count 162

Approximately 19 people requiring 5 ea. Arc Flash/Fire Resistant (FR) Coveralls- Cost Center SM320 - Total: Count 95

Approximately 26 people requiring 5 ea. Arc Flash/Fire Resistant (FR) Coveralls- Cost Center 5M330 - Total: Count 130

TOTAL: Arc Flash/Fire Resistant (FR) Coverall: Approximately 87 people requiring 5-6 for a Total Count of 462 Arc Flash/Fire Resistant (FR) Coveralls.

4.2. The Arc Flash/Flame Resistant (FR) uniform, will be rated for a Hazard Risk Category 2, and a minimum PPE rating of eight (8) Calories/cm2.

4.2.1. Coverall - The Fire Resistant coveralls will be zipper front, standard collar, with long sleeves.

4.2.2. Name tags with the person's first name, or nickname, will be placed over the right hand pocket of each coverall.

4.3 Strict adherence to the manufactures' washing instructions on the fire resistant clothing is absolutely critical.

4.3.1 Important: Washing Fire Resistant (FR) clothing with other items, such as cotton undergarments, can cause fibers-which are also flammable to attach, significantly compromising the very fire-resistant properties of the clothing that our employees rely on for their safety.

5. Price:

5.1 Request price per coverall per week for laundering and servicing of Arc Flash/Flame Resistant (FR) uniform - base year

5.2 First option year, request price per coverall per week

5.3 Second option year, request price per coverall per week

6. Warm-Up JKT-65/35 Knit Cuff (Navy Blue) (Series 450205) Equivalent

6.1. Approximately 5 people requiring 2 ea. Warm-up JKT-65/35 Knit Cuff (Blue) equivalent

- Total: Jackets-Cost Center 5M510: Count: 10

Approximately 4 people requiring 3 ea. Warm-up JKT-65/35 Knit Cuff (Blue) equivalent- Total Jackets-Cost Center 5M520: Count: 12

TOTAL: Warm-up JKT-65/35 Knit Cuff (Blue) (Series 450205) Equivalent @ Approximately 9 people requiring 2-3 ea. for a Total Count of 22 Warm-up JKT- 65/35 KN equivalent.

6.1.1 Warm-up JKT-65/35 KN (Series 450205) Equivalent will be made of 100% cotton with button front, standard collar, with long sleeves.

6.2 Name tags with the person's first name, or nickname, will be placed over the right hand pocket of each shirt.

6.3 The standard 100% cotton Warm-Up JKT-65/35 Knit Cuff (Blue), (Series 450205) Equivalent shall be laundered in accordance with the uniforms' manufacturer recommendation, using hypo-allergenic detergent.

7. Price:

7.1 Request price per Warm-Up JKT per week for laundering and servicing-base year

7.2 First option year, request price per Warm-Up JKT per week

7.3 Second option year, request price per Warm-Up JKT per week

8. Green Fire Resistant Welders Jacket; the Arc Flash/Flame Resistant Welder Jacket shall be rated for a Hazard Risk Category 2, and a minimum PPE rating of eight (8) Calories/cm2.

8.1 Approximately 17 people requiring 2 ea. - Fire Resistant Welding Jackets - Cost Center 5M530: Total Count 34.

8.1.1. FR Welding Jacket - The standard Welding Jacket shall be rated for a Hazard Risk Category 2, and a minimum PPE rating of eight (8) Calories/cm2;

button front, standard collar, with long sleeves.

8.2. Each employee will be issued two (2) new Welding Jackets.

8.3 Name tags with the person's first name, or nickname, will be placed over the right hand pocket of each shirt.

8.4 Strict adherence to the manufactures' washing instructions on the fire resistant clothing is absolutely critical.

8.4.1 Important: Washing Fire Resistant (FR) clothing with other items, such as cotton undergarments, can cause fibers-which are also flammable to attach,

9. Price:

9.1 Request price per Fire Resistant Welding Jacket per week for laundering and servicing -base year

9.2 First option year, request price per Fire Resistant Welding Jacket per week

9.3 Second option year, request price per Fire Resistant Welding Jacket per week

10. ARC-2, Armorex FR w/US Fabric, ATPV = 9.0 Welding Jacket (Brown)

10.1 Approximately 17 people requiring 2 ea. - Fire Resistant Welding Jackets - Cost Center 5M530: Total Count 34.

10.1.1. Brown FR Welding Jacket - The jacket will be button front, standard collar, with long sleeves.

10.2. Each employee will be issued two (2) new Welding Jackets.

10.3 Name tags with the person's first name, or nickname, will be placed over the right hand pocket of each shirt.

10.4 Strict adherence to the manufactures' washing instructions on the fire resistant clothing is absolutely critical.

10.4.1 Important: Washing Fire Resistant (FR) clothing with other items, such as cotton undergarments, can cause fibers-which are also flammable to attach,

11. Price:

11.1 Request price per ARC-2, Armorex Fire Resistant Welding Jacket per week for laundering and servicing - base year

11.2 First option year, request price per ARC-2, Armorex Fire Resistant Welding Jacket per week

11.3 Second option year, request price per ARC-2, Armorex Fire Resistant Welding Jacket per week.

12. White Bath Towels: 100% White Cotton Bath Towels - Qty. 100.

12.1 Request price per towel per week for rental/laundering of 100% cotton bath towels, base year

12.2 First option year, request price per week for rental/laundering of 100% cotton bath towels

12.3 Second option year, request price per week for rental/laundering of 100% cotton bath towels

13. Cleaning/Repair:

13.1 All garments will be clean and pressed to provide a professional appearance.

13.1.1 Any minor defects such as missing buttons, button holes, small tears or cuts, shall be repaired.

13.1.2 The contractor shall maintain a continuing inspection and repair program to ensure the prompt replacement of missing or broken fastening items, repair of snags, tears, seam defects, pocket liners, and other problems.

13.1.3 Repairs will be made in the most appropriate manner for that defect by mending, heat-patch or sewn-patch method, with the requirement that the repair must be neat in appearance, color-matched, and not uncomfortable to the wearer.

13.2 Pick-up and delivery garments will be scanned and a PDF report will be furnished to a designated person 24 hours after information has uploaded in our system.

13.3 Laundered items shall be returned on the next scheduled pickup/delivery.

14. Replacements:

14.1 Uniforms identified by either the government or the contractor for replacement due to extenuating on-the-job circumstances, or employee neglect will be replaced with a new uniform at the governments' expense.

Uniforms identified by either the government, or the contractor for replacement due to normal wear and tear will be replaced with a new uniform at the contractor's expense.

Numerous small patches, or patches in the knee or fly area of men's garments or which have unsightly stains or grease marks, must be replaced by a garment of like size, design, and color, and of a quality considered comparable to the group in service with that employee.

15. Replacement Cost:

15.1 Itemized costs for replacement - Base Year

15.1.1 Cotton Coveralls - 100%: Replacement cost:

15.1.2 Fire Resistant Coveralls: Replacement cost:

15.1.3 Warm-Up JKT-65/35 Knit Cuff (Blue) (Series 450205) Equivalent- Replacement Cost

15.1.4 Fire Resistant Welding Jackets - Replacement Cost

15.1.5 ARC-2, Arrnorex FR w/US Fabric, ATPV= 9.0 Welding Jacket- Replacement Cost

15.1.6 Cotton Bath Towel (100%)- Replacement Cost

15.2 Itemized costs for replacement - Option Year 1

15.2.1 Cotton Coveralls - 100%: Replacement cost:

15.2.2 Fire Resistant Coveralls: Replacement cost:

15.2.3 Warm-Up JKT-65/35 Knit Cuff (Blue) (Series 450205) Equivalent- Replacement Cost

15.2.4 Fire Resistant Welding Jackets - Replacement Cost

15.2.5 ARC-2, Arrnorex FR w/US Fabric, ATPV = 9.0 Welding Jacket-

15.2.6 Cotton Bath Towel (100%)-Replacement Cost

15.3 Itemized costs for replacement - Option Year 2

15.3.1 Cotton Coveralls - 100%: Replacement cost:

15.3.2 Fire Resistant Coveralls: Replacement cost:

15.3.3 Warm-Up JKT-65/35 Knit Cuff (Blue) (Series 450205) Equivalent- Replacement Cost

15.3.4 Fire Resistant Welding Jackets - Replacement Cost

15.3.5 ARC-2, Arrnorex FR w/US Fabric, ATPV = 9.0 Welding Jacket- Replacement Cost

15.3.6 Cotton Bath Towel (100%)-Replacement Cost

15.4 Itemized costs for replacement - Option Year 3

15.4.1 Cotton Coveralls - 100%: Replacement cost:

15.4.2 Fire Resistant Coveralls: Replacement cost:

15.4.3 Warm-Up JKT-65/35 Knit Cuff (Blue) (Series 450205) Equivalent- Replacement Cost

15.4.4 Fire Resistant Welding Jackets - Replacement Cost

15.4.5 ARC-2, Arrnorex FR w/US Fabric, ATPV = 9.0 Welding Jacket- Replacement Cost

15.4.6 Cotton Bath Towel (100%)-Replacement Cost

15.5 Itemized costs for replacement - Option Year 4

15.5.1 Cotton Coveralls - 100%: Replacement cost:

15.5.2 Fire Resistant Coveralls: Replacement cost:

15.5.3 Warm-Up JKT-65/35 Knit Cuff (Blue) (Series 450205) Equivalent- Replacement Cost

15.5.4 Fire Resistant Welding Jackets - Replacement Cost

15.5.5 ARC-2, Arrnorex FR w/US Fabric, ATPV = 9.0 Welding Jacket-

15.5.6 Cotton Bath Towel (100%)-Replacement Cost

16. Pick-up and Delivery:

16.1 Pick-up and deliveries will be made on a weekly basis.

16.2 Weekly pick-up and deliveries shall be made each Tuesday at the specified times for each designated location. If a Tuesday falls on a holiday pickup and delivery shall be scheduled for the next operational business day.

16.3 Pickup and deliveries shall be made at the following four (4) buildings: 9, 30, 1C4 Weld Shop, 1C4 Sheet Metal and building 1 E-IOF Support Operations Division (SOD) (the Hazmat Controlled area of the SOD, enter at the dock).

16.3.l (1). lE-IOF SOD (5M210) - POC: Jonathan Grebb, 615-7498, Alternate POC: Gene Haikes, 615-8310 lE-IOF SOD (5M220) - POC: William Legg, 615-7240 Alternate POC: Billy Legg, 615-7240 Second Alternate POC: Jeff Falchek, 615-83 lO lE-IOF SOD (5M230) - POC: Greg Hunter, 615-7607 Alternate POC: Colin Kulp, 615-7607

Scheduled Pickup Time - Between 0815 and 1100

(2) Building 1C4 Welding (5M530) - POC: Robert Knecht, 615-7242 Alternate POC: Trevor Gruber, 615-7714

(2) Building I C3 Tool Crib Breakroom (5M510) POC: Dan Stevens, X6074 Alternate POC: Keith Knecht, 615-7722

(2) Building 1C2 (5M520) POC: Tom Mckeon 615-7449 Alternate: Keith Knecht, 615-7449 Scheduled Pickup Time - Between 0815 and 1 1004

(3) Building 9 (5M330) POC: Patrick Hart, 615-6470 Alternate POC: Mike Gelderman, 615-7609 Second Alternate POC: Josh Sheckler, 615-5860 Scheduled Pickup Time - Between 0815 and 1100

(4) Building 30 (5M320) POC: Josh Sheckler, 615-5860 Alternate POC: Ted Krolick, 615-9369

17.0 Invoicing

17.1 Duplicate copy of invoice will be provided to POC

17.2 Invoices will be weekly, payments will be made monthly and based on the number of coveralls invoiced the final week of the month.

17.3 Pick-up & delivery garments will be scanned and a PDF report will be furnished to a designated person 24 hours after information has uploaded in our system.

17.4 Invoicing shall be based on the number of items issued to each individual the final week of the month. Priced is based on a rental/lease program.

17.5 Invoicing shall be submitted as per the Wide Area Workflow (WAWF) payment instructions listed in clause 252.232-7006.

17.6 A copy of the invoice must be uploaded as an attachment in WAWF.

18.0 Inventory

An annual inventory of all items shall be performed between the vendor and the site POC. Any additions/deletions if applicable will be made at that time.

18.1 A final inventory shall be scheduled within 30 days of the contract end date.

Any discrepancies shall be addressed in a detailed report provided by the contractor to include serial numbers and a brief description.

18.2 Reconciliation shall be conducted by cost center, employee name, employee locker and quantity.

19. Miscellaneous:

19.1 The contractor shall furnish suitable printed forms (repair Ticket) at each delivery point for the purpose of communicating service needs, such as, alteration and repair request, addition or deletion of items, or other instructions.

19.1.2 The Contractor will supply a hamper specifically to be used for repairs only. Yellow repair tags will be furnished, to be completed by the individual and placed in hamper for weekly pick-up.

19.2 When an employee accepts their new uniforms, they will sign a form stating the description and number of protective clothing items they received and they are responsible for any missing clothing at a time when all their protective work garments are being turned in due to changing of contractors, job changes, loss of employment, retirement, etc.

19.3 For tracking purposes, the contractor will furnish and label each piece of clothing with the employee's name and location and locker number.

19.4 When required to tum in their uniforms, the contractor shall provide a receipt stating the employee name, and the number and description of protective work garments being turned in

19.4.1 The receipt shall also require a signature by either the employee, the POC, or ALT POC, of that building, verifying the count to be correct.

19.4.2. A copy of the receipt will then be forwarded to Directorate POC.

19.5 The uniforms shall be maintained throughout the life of this contract in condition satisfactory to the government. The contractor shall adhere to the highest standards of cleanliness and sanitary practices.

19.5.1 The contractor shall have full responsibility for the costs of any damage or loss to their equipment. The contractor is also responsible for damages to any government property caused by the negligence of the contractor or their employees.

19.6 Invoice: Billing and payment will be processed on a monthly basis.

19.6.1 The Directorate POC is Elizabeth Hubbard

19.6.2 The Directorate POC and the contractor will coordinate the pickup/delivery schedule.

19.6.3 At no time will the contractor make a pick up/delivery without a prearranged schedule.

19.6.4. Cancellation may be in effect, with a thirty (30) day written notice by either party.

20. SECURITY REQUIREMENTS: Contractor personnel working on the Tobyhanna Army Depot must be fully identified. Contractors register with the TYAD Security, Visitor Control Center, Bldg. 606 Main Gate. All employees, staff, and subcontractor personnel, etc., which will require access must present the following to access TYAD:

A. Full name B. Driver's License C. Nationality (if non-U.S. Citizen, alien registration number) D. Completed Form ELTY 648C (Contractor Request for Access to TYAD) E. Completed Form ELTY 648C must be submitted to TYAD prior to date of arrival as required by contract solicitation documentation.

If Contractor vehicles are required for use on TYAD, the following ID is required:

A. Make B. Model C. State Registration D. Insurance E. License Plate#

Contract personnel are expected to perform work during normal TYAD duty hours (0600-1700). If work must be performed otherwise, permission must be obtained three working days prior from the Security Office through the Directorate POC.

Contractor personnel must confine themselves to the work sites specified in their contract. Visiting other areas is prohibited.

Alcoholic beverages, weapons, cameras, sound recorders, proscribed drugs and explosives are prohibited on Government property.

Use of Government property without prior written approval of the Contract Specialist is prohibited.

TYAD will arrange for special Contractor parking if required. Contractor personnel must not park in numbered spaces, areas reserved for car pools, grassy areas or other prohibited areas. Posted speed limits and traffic restrictions must be observed at all times.

Accidents or problems of a security/safety nature must be reported to the Security (570.615.7550) and Directorate POC or Contract Specialist immediately.

Contractor personnel working on station for less than 30 days may be required to log in and out at the Reception Center (Main Entrance) each day and will not be issued an Extended Entry Contractor's Badge. The Directorate POC or Contract Specialist will provide information on how to obtain an Extended Entry Contractor's Badge if one is required.

Pursuant to federal regulations, all personnel and vehicles on Government property are subject to search by authorized personnel at any time.

All Contractors personnel are required to display the TYAD issued identification badge on their person at all times while present at the work site. Access to Government property will not be allowed without this identification badge. The badge is to be displayed on the person outer clothing, above the waist and in full view. Identification badges and vehicle passes issued to Contractor personnel remain the property of the U.S. Government and must be surrendered upon completion of the Contractor at the termination of individual employment, and when requested by the Government. Badges will not be displayed when not on Tobyhanna property.

A list of all personnel working under this contract should be turned in immediately after award in order to allow sufficient time to process security information.

SMOKING RESTRICTIONS: The bearing and use of lighted cigarettes, cigars, pipes, or any tobacco product is prohibited in the following areas:

A. All buildings including private offices, lobbies, and restrooms B. Alleys and passages between buildings C. Stairways and ramps leading to building entries and exits D. Within 50 feet of building entries and exits E. Within 20 feet of heating, ventilation, and air conditioning intake ducts F. Hazardous areas containing flammable liquids, gases, vapors, and all other locations where there is a collection of readily ignitable combustible material

TYAD ON-SITE CONTRACTORS INFO

TOBYHANNA ARMY DEPOT ON-SITE CONTRACTOR WORKFORCE AND VISITOR

RESTRICTIONS

1. NON-RESIDENT/NON-IMMIGRANT ALIENS

a. All non-resident/non-immigrant aliens must have approval prior to being permitted access to Tobyhanna Army Depot (TYAD). Such approval must be obtained by requesting access through the following: apply at the alien-resident's embassy; proceed to the U.S. Embassy; proceed to the Department of the Army; proceed to Army Materiel Command; proceed to U.S. Communications-Electronics Command; proceed to TYAD.

b. All non-resident/non-immigrant aliens granted access to TYAD are required to be escorted by Government personnel. One Government escort can accommodate a maximum of two non-resident/non-immigrant aliens.

c. Due to limited availability of Government personnel, contractors shall not be permitted to employ non-resident/non-immigrant aliens as part of the contractor's on-site workforce. Limited exceptions to this restriction may be considered on a case-by-case basis. Such exceptions shall only be considered where a specialized skill or trade is not otherwise available, and even under such circumstances would only be considered for very limited duration, e.g., a few hours/days. However, even if limited exception is considered, access may still be denied.

Contractors whose personnel are either denied entry to TYAD or permitted limited entry to TYAD due to the security requirements pertaining to non-resident aliens/non-immigrants are not relieved of their obligation to provide the required contract performance and must do so at no additional cost to the Government. Any contractor failing to perform or that fails to perform in a timely manner under such circumstances may be terminated for default or other contractual remedies as appropriate.

d. Due to limited availability of Government personnel, visitors requiring escort may not be permitted access, or access may be limited to a certain time and duration.

2. FOR THE PURPOSE OF FORMAL ESCORTED SITE VISITS

Resident aliens (immigrants) in possession of a valid Form I-551, Alien Registration Receipt Card ("Green Card"), are not required to obtain approval as set forth in paragraph 1.a. above (but see paragraph 5, below). Such individuals must have proper identification in addition to a valid form I-551 in their physical possession at all times while at TYAD. Individuals lacking proper identification and valid form I-555 will be denied access to TYAD.

3. SECURITY SEARCHES, IN-PROCESSING, AND SECURITY SCREENING

All persons seeking entrance to TYAD must submit to and comply with all security standards and requirements in force at the time such persons are seeking entry. All visitors and contractors, regardless of resident status or citizenship, will be subject to vehicle search and intense in-processing by TYAD Security personnel prior to being granted access to TYAD. This security screening process may be time consuming and access may be delayed or denied.

Any Contractors who will be working on site, company representatives who will be visiting periodically, and any companies or contractors requesting or requiring TYAD badges for other business reasons must submit a completed TYAD form 648-C to their contract or depot point of contact. The completed form must be submitted at least five

(5) workdays in advance of on-site performance for each employee intended for onsite performance or five (5) workdays in advance of visits or other business at the depot. Any contractor employee (s) already on site who have not been screened, will be subject to security screening. This requirement is inclusive of on-site supervisory or managerial personnel and sub-contractor personnel that the Contractor anticipates will be performing work or visiting on-site. This security screening does not relieve the contractor of any responsibilities to conduct thorough pre-employment background checks and drug screening. Contractor workers will not be granted access to the work site until security screening is completed and access is approved. Any contractor personnel on site who fail screening will not be permitted further access to TYAD.

4. SUBMISSION OF BIDS OR PROPOSALS

Bidders/offerors who hand carry bids or quotes do so at their own risk. Bidders/offerors are solely responsible for the timely submission of bids /proposals/quotations, any delays security measures notwithstanding.

5. CONTRACTOR ON-SITE WORKFORCE - ADDITIONAL SECURITY REQUIREMENTS

A. This section is in addition to the requirements above regarding non-resident aliens (non-immigrants) for on-site performance. Prior to the commencement of performance under the contract and within seven (7) workdays of contract award, the Contractor shall submit to the Chief, Security Division, Tobyhanna Army Depot, a roster of all contractor personnel, inclusive of on-site supervisory or managerial personnel and sub-contractor personnel, that the Contractor anticipates will be performing work on-site. The roster shall indicate which individuals are U.S. citizens and which are resident aliens (immigrants). The following documentation shall accompany the roster for each individual named on the roster as a resident alien (immigrant):

a) A copy of a verifiable form of identification, such as a driver's license or a passport; and

b) A copy of a valid Department of Justice Immigration and Naturalization Service Form I-551, Alien Registration Receipt Card ("Green Card").

Contractors who fail to identify any and all resident aliens (immigrants) who will be used for on-site performance and who will seek access to Tobyhanna Army Depot as a worker for or through the contractor, inclusive of managerial and subcontractor personnel, may be subject to civil and criminal penalties and sanctions as well as contract remedies

B. Within five (5) workdays of the submission of the roster, documentation, and TYAD form 648-C, the Government will have completed the security check and the Contractor shall be notified whether all listed personnel will be permitted to work on-site. However, actual access to Tobyhanna Army Depot by the roster personnel will remain contingent upon such resident alien (immigrant) individuals presenting two (2) forms of identification as they process into the Depot through the Security building: a valid Form I-551, Alien Registration Receipt Card ("Green Card") in addition to at least oneother verifiable form of identification

C. The roster that the Contractor submits is amendable. However, up to five (5) workdays will be required to perform a security check on any personnel added to the roster. The Contractor is urged to include contingency or "back-up" personnel in the original roster in order to avoid delays due to roster amendment

D. Contractors whose personnel are denied entry to TYAD due to the security requirements are not relieved of their obligation to provide the required contract performance and must do so at no additional cost to the Government. Any contractor failing to perform or that fails to perform in a timely manner under such circumstances may be terminated for default or be subject to other contractual remedies as appropriate.

CONTRACTOR VEHICLES, TRAILERS AND EQUIPMENT

All contractor owned, rented or leased vehicles, trailers and/or equipment for use on site, shall be identified with the contractor's company name, job site description, point of contact and phone number where the contractor can be reached 24 hours a day. The contractor shall ensure all referenced items are to be checked for proper operation, leaks, etc. prior to delivery to Tobyhanna Army Depot. The contractor shall coordinate with the Contracting Officer's Representative or assigned Government point of contact prior to leaving any of the referenced items unattended at the site.

INSURANCE REQUIREMENTS

INSURANCE REQUIREMENTS - CONTRACTING OFFICER'S NOTICE

The contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance:

(a) WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY. Contractors are required to comply with applicable Federal and State Worker's Compensation and Occupational Disease Statutes. If the Employer's liability section of the insurance policy, except then contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit Worker's Compensation to be written by private carriers.

(b) GENERAL LIABILITY. Bodily Injury Liability Insurance Coverage written on the comprehensive form of policy of at least $500,000 per occurrence shall be required. Property Damage Liability Insurance is not normally required.

(c) AUTOMOBILE LIABILITY. Automobile Liability Insurance written on the comprehensive form of policy is required. The policy shall provide for Bodily Injury and Property Damage Liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for Bodily Injury and $20,000 per occurrence for Property Damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 17-JUN-2022 TO

16-JUN-2023

N/A SEE BELOW FOR SEPARATE SHIPPING

INSTRUCT

XXX

XXX PA 00000

W25G1V

0002 POP 17-JUN-2023 TO

16-JUN-2024

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 17-JUN-2024 TO

16-JUN-2025

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 17-JUN-2025 TO

16-JUN-2026

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 17-JUN-2026 TO

16-JUN-2027

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 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 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

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

DEC 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

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

DEC 2021

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

DEC 2021

52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons DEC 2021 52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan.

OCT 2020

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-13 Notice Of Progress Payments APR 1984 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 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7016 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

252.225-7001 Buy American And Balance Of Payments Program-- Basic MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES 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…