Solicitation - W912PB25RA020.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

calls)

Solicitation/Contract Form Continuation

Refuse Collection

Refuse Collection Tower Barracks and Rose Barracks

W912PB25RA020

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Estimated Quantity

Unit Unit Price Amount

Product Service Description: CLIN 0001 BY - TB Refuse Collection IAW the PWS and ELINs A001-A013.

a. The contractor is only entitled to payment for the quantity of units performed and accepted by the Government at the stated unit price.

The contractor is not entitled to payment for units not performed and the contractor shall not tender for acceptance nor shall the contractor be entitled to payment for any units in excess of the quantity estimated for each ELIN or S-ELIN in an order;

b. Each unit price is fixed and not subject to any adjustment on the basis of the contractor's cost experience in performing the contract or in the event the actual quantity of services performed in an order varies from the quantity estimated.

Product Service Code: S205 Pricing Arrangement: Firm Fixed Price

1 Job

Additional Descriptive Data:

Additional Information: Item text: Refuse- collection and disposal services, Tower Barracks Grafenwoehr, Base Year.

Product Service Description: CLIN 0002 BY - RB Refuse Collection IAW the PWS and ELINs B001-B012.

a. The contractor is only entitled to payment for the quantity of units performed and accepted by the Government at the stated unit price.

The contractor is not entitled to payment for units not performed and the contractor shall not tender for acceptance nor shall the contractor be entitled to payment for any units in excess of the

1 Job

0002 quantity estimated for each ELIN or S-ELIN in an order;

b. Each unit price is fixed and not subject to any adjustment on the basis of the contractor's cost experience in performing the contract or in the event the actual quantity of services performed in an order varies from the quantity estimated.

Product Service Code: S205 Pricing Arrangement: Firm Fixed Price

Additional Descriptive Data:

Additional Information: Item text: Refuse- collection and disposal services, Rose Barracks Vilseck, Base Year.

Option Line Item

Product Service Description: CLIN 1001 OY1 - TB Refuse Collection IAW the PWS and ELINs A101-A113.

a. The contractor is only entitled to payment for the quantity of units performed and accepted by the Government at the stated unit price.

The contractor is not entitled to payment for units not performed and the contractor shall not tender for acceptance nor shall the contractor be entitled to payment for any units in excess of the quantity estimated for each ELIN or S-ELIN in an order;

b. Each unit price is fixed and not subject to any adjustment on the basis of the contractor's cost experience in performing the contract or in the event the actual quantity of services performed in an order varies from the quantity estimated.

Product Service Code: S205 Pricing Arrangement: Firm Fixed Price

1 Job

Additional Descriptive Data:

Additional Information: Item text: Refuse- collection and disposal services, Tower Barracks Grafenwoehr, 1st Option Year

Product Service Description: CLIN 1002 OY1 - RB Refuse Collection IAW the PWS and ELINs B101-B112.

a. The contractor is only entitled to payment for the quantity of units

Option Line Item performed and accepted by the Government at the stated unit price.

The contractor is not entitled to payment for units not performed and the contractor shall not tender for acceptance nor shall the contractor be entitled to payment for any units in excess of the quantity estimated for each ELIN or S-ELIN in an order;

b. Each unit price is fixed and not subject to any adjustment on the basis of the contractor's cost experience in performing the contract or in the event the actual quantity of services performed in an order varies from the quantity estimated.

Product Service Code: S205 Pricing Arrangement: Firm Fixed Price

1 Job

Additional Descriptive Data:

Additional Information: Item text: Refuse- collection and disposal services, Rose Barracks Vilseck, 1st Option Year

Option Line Item

Product Service Description: CLIN 2001 OY2 - TB Refuse Collection IAW the PWS and ELINs A201-A213.

a. The contractor is only entitled to payment for the quantity of units performed and accepted by the Government at the stated unit price.

The contractor is not entitled to payment for units not performed and the contractor shall not tender for acceptance nor shall the contractor be entitled to payment for any units in excess of the quantity estimated for each ELIN or S-ELIN in an order;

b. Each unit price is fixed and not subject to any adjustment on the basis of the contractor's cost experience in performing the contract or in the event the actual quantity of services performed in an order varies from the quantity estimated.

Product Service Code: S205 Pricing Arrangement: Firm Fixed Price

1 Job

Additional Descriptive Data:

Additional Information: Item text: Refuse- collection and disposal services, Tower Barracks Grafenwoehr, 2nd Option year.

Option Line Item

Product Service Description: CLIN 2002 OY2 - RB Refuse Collection IAW the PWS and ELINs B201-B212.

a. The contractor is only entitled to payment for the quantity of units performed and accepted by the Government at the stated unit price.

The contractor is not entitled to payment for units not performed and the contractor shall not tender for acceptance nor shall the contractor be entitled to payment for any units in excess of the quantity estimated for each ELIN or S-ELIN in an order;

b. Each unit price is fixed and not subject to any adjustment on the basis of the contractor's cost experience in performing the contract or in the event the actual quantity of services performed in an order varies from the quantity estimated.

Product Service Code: S205 Pricing Arrangement: Firm Fixed Price

1 Job

Additional Descriptive Data:

Additional Information: Item text: Refuse- collection and disposal services, Rose Barracks Vilseck, 2nd Option Year

Option Line Item

Product Service Description: CLIN 3001 OY3 - TB Refuse Collection IAW the PWS and ELINs A301-A313.

a. The contractor is only entitled to payment for the quantity of units performed and accepted by the Government at the stated unit price.

The contractor is not entitled to payment for units not performed and the contractor shall not tender for acceptance nor shall the contractor be entitled to payment for any units in excess of the quantity estimated for each ELIN or S-ELIN in an order;

b. Each unit price is fixed and not subject to

1 Job any adjustment on the basis of the contractor's cost experience in performing the contract or in the event the actual quantity of services performed in an order varies from the quantity estimated.

Product Service Code: S205 Pricing Arrangement: Firm Fixed Price

Additional Descriptive Data:

Additional Information: Item text: Refuse- collection and disposal services, Tower Barracks Grafenwoehr, 3rd Option Year.

Option Line Item

Product Service Description: CLIN 3002 OY3 - RB Refuse Collection IAW the PWS and ELINs B301-B312.

a. The contractor is only entitled to payment for the quantity of units performed and accepted by the Government at the stated unit price.

The contractor is not entitled to payment for units not performed and the contractor shall not tender for acceptance nor shall the contractor be entitled to payment for any units in excess of the quantity estimated for each ELIN or S-ELIN in an order;

b. Each unit price is fixed and not subject to any adjustment on the basis of the contractor's cost experience in performing the contract or in the event the actual quantity of services performed in an order varies from the quantity estimated.

Product Service Code: S205 Pricing Arrangement: Firm Fixed Price

1 Job

Additional Descriptive Data:

Additional Information: Item text: Refuse- collection and disposal services, Rose Barracks Vilseck, 3rd Option Year

Product Service Description: CLIN 4001 OY4 - TB Refuse Collection IAW the PWS and ELINs A401-A413.

a. The contractor is only entitled to payment for the quantity of units performed and accepted by the Government at the stated unit price.

The contractor is not entitled to payment for units not performed and the contractor shall not tender for acceptance nor shall the contractor be entitled to payment for any units in excess of the quantity estimated for each ELIN or S-ELIN in an order;

b. Each unit price is fixed and not subject to any adjustment on the basis of the contractor's cost experience in performing the contract or in the event the actual quantity of services performed in an order varies from the quantity estimated.

Pricing Arrangement: Firm Fixed Price

1 Job

Additional Descriptive Data:

Additional Information: Item text: Refuse- collection and disposal services, Tower Barracks Grafenwoehr, 4th Option Year

Option Line Item

Product Service Description: CLIN 4002 OY4 - RB Refuse Collection IAW the PWS and ELINs B401-B412.

a. The contractor is only entitled to payment for the quantity of units performed and accepted by the Government at the stated unit price.

The contractor is not entitled to payment for units not performed and the contractor shall not tender for acceptance nor shall the contractor be entitled to payment for any units in excess of the quantity estimated for each ELIN or S-ELIN in an order;

b. Each unit price is fixed and not subject to any adjustment on the basis of the contractor's cost experience in performing the contract or in the event the actual quantity of services performed in an order varies from the quantity estimated.

Product Service Code: S205 Pricing Arrangement: Firm Fixed Price

1 Job

Additional Descriptive Data:

Additional Information: Item text: Line item 4002: Refuse- collection and disposal services, Rose Barracks Vilseck, 4th Option Year

Continuation of Description

Requirements Refuse Collection and Disposal Services, USAG Bavaria Tower Barracks Grafenwoehr and Rose Barracks Vilseck Request Contract with Base and 4 Option Years

North American Industry Classification System (NAICS): 562212

North American Industry Classification System (NAICS): 562212

Option Line Item

North American Industry Classification System (NAICS): 562212

Option Line Item

North American Industry Classification System (NAICS): 562212

Option Line Item

North American Industry Classification System (NAICS): 562212

Option Line Item

North American Industry Classification System (NAICS): 562212

Option Line Item

North American Industry Classification System (NAICS): 562212

Option Line Item

North American Industry Classification System (NAICS): 562212

Option Line Item

Product Service Code: S222

North American Industry Classification System (NAICS): 562212

Option Line Item

Product Service Code: S222

North American Industry Classification System (NAICS): 562212

Option Line Item

North American Industry Classification System (NAICS): 562212

Continuation of Deliveries or Performance

From 01 Nov 2025 to 31 Oct 2026

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Line Item Delivery Schedule Estimated Quantity

Address and POC

Delivery Schedule 1 Job As Required

Period of Performance From 01 Nov 2025 To 31 Oct 2026

1 Job Place of Performance DoDAAC: W907E7 CountryCode: DEU

W6FM USAG BAVARIA

DPW UTILITIES DIVISION, EAST CAMP NEU AMBERGER STRASSE

GRAFENWOEHR 92655

GERMANY

Period of Performance From 01 Nov 2025 To 31 Oct 2026

1 Job Place of Performance DoDAAC: W907E7 CountryCode: DEU

W6FM USAG BAVARIA

DPW UTILITIES DIVISION, EAST CAMP NEU AMBERGER STRASSE

GRAFENWOEHR 92655

GERMANY

Option Line Item

Period of Performance From 01 Nov 2026 To 31 Oct 2027

1 Job Place of Performance DoDAAC: W907E7 CountryCode: DEU

W6FM USAG BAVARIA

DPW UTILITIES DIVISION, EAST CAMP NEU AMBERGER STRASSE

GRAFENWOEHR 92655

GERMANY

1 Job Place of Performance DoDAAC: W907E7 CountryCode: DEU

Period of Performance From 01 Nov 2026 To 31 Oct 2027

W6FM USAG BAVARIA

DPW UTILITIES DIVISION, EAST CAMP NEU AMBERGER STRASSE

GRAFENWOEHR 92655

GERMANY

Option Line Item

Period of Performance From 01 Nov 2027 To 31 Oct 2028

1 Job Place of Performance DoDAAC: W907E7 CountryCode: DEU

W6FM USAG BAVARIA

DPW UTILITIES DIVISION, EAST CAMP NEU AMBERGER STRASSE

GRAFENWOEHR 92655

GERMANY

Option Line Item

Period of Performance From 01 Nov 2027 To 31 Oct 2028

1 Job Place of Performance DoDAAC: W907E7 CountryCode: DEU

W6FM USAG BAVARIA

DPW UTILITIES DIVISION, EAST CAMP NEU AMBERGER STRASSE

GRAFENWOEHR 92655

GERMANY

Option Line Item

Period of Performance From 01 Nov 2028 To 31 Oct 2029

1 Job Place of Performance DoDAAC: W907E7 CountryCode: DEU

W6FM USAG BAVARIA

DPW UTILITIES DIVISION, EAST CAMP NEU AMBERGER STRASSE

GRAFENWOEHR 92655

GERMANY

1 Job Place of Performance DoDAAC: W907E7 CountryCode: DEU

W6FM USAG BAVARIA

DPW UTILITIES DIVISION, EAST CAMP NEU AMBERGER STRASSE

GRAFENWOEHR 92655

GERMANY

3002 Period of Performance

From 01 Nov 2028 To 31 Oct 2029

Option Line Item

Period of Performance From 01 Nov 2029 To 31 Oct 2030

1 Job Place of Performance DoDAAC: W907E7 CountryCode: DEU

W6FM USAG BAVARIA

DPW UTILITIES DIVISION, EAST CAMP NEU AMBERGER STRASSE

GRAFENWOEHR 92655

GERMANY

Option Line Item

Period of Performance From 01 Nov 2029 To 31 Oct 2030

1 Job Place of Performance DoDAAC: W907E7 CountryCode: DEU

W6FM USAG BAVARIA

DPW UTILITIES DIVISION, EAST CAMP NEU AMBERGER STRASSE

GRAFENWOEHR 92655

GERMANY

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.203-3 Gratuities. Apr 1984 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov 2021

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023 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 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023

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

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.205-7000 Provision of Information to Cooperative Agreement Holders. Oct 2024 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

Jan 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.246-7008 Sources of Electronic Parts. Jan 2023 252.247-7023 Transportation of Supplies by Sea. Oct 2024

FAR Clauses Incorporated by Full Text

52.203-13 Contractor Code of Business Ethics and Conduct. (Nov 2021)

Contractor Code of Business Ethics and Conduct (Nov 2021)

(a) Definitions. As used in this clause-

Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.

Full cooperation-

(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information;

(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require-

(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or

(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and

(3) Does not restrict a Contractor from-

(i) Conducting an internal investigation; or

(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.

United States, means the 50 States, the District of Columbia, and outlying areas.

(b) Code of business ethics and conduct.

(1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall-

(i) Have a written code of business ethics and conduct; and

(ii) Make a copy of the code available to each employee engaged in performance of the contract.

(2) The Contractor shall-

(i) Exercise due diligence to prevent and detect criminal conduct; and

(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.

(3)

(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed-

(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or

(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been marked "confidential" or "proprietary" by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction.

(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.

(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial product or commercial service as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:

(1) An ongoing business ethics awareness and compliance program.

(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual's respective roles and responsibilities.

(ii) The training conducted under this program shall be provided to the Contractor's principals and employees, and as appropriate, the Contractor's agents and subcontractors.

(2) An internal control system.

(i) The Contractor's internal control system shall-

(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and

(B) Ensure corrective measures are promptly instituted and carried out.

(ii) At a minimum, the Contractor's internal control system shall provide for the following:

(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system.

(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct.

(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor's code of business ethics and conduct and the special requirements of Government contracting, including-

(1) Monitoring and auditing to detect criminal conduct;

(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and

(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified through this process.

(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.

(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct.

(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation.

(2) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies' contracting officers.

(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the contract.

(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.

(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.

(d) Subcontracts.

(1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that exceed the threshold specified in FAR 3.1004(a) on the date of subcontract award and a performance period of more than 120 days.

(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(End of clause)

DFARS Clauses Incorporated by Full Text

252.225-7012 Preference for Certain Domestic Commodities. (Apr 2022)

PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR 2022)

(a) Definitions. As used in this clause-

"Component" means any item supplied to the Government as part of an end product or of another component.

"End product" means supplies delivered under a line item of this contract.

"Qualifying country" means a country with a reciprocal defense procurement memorandum of understanding or international agreement with the United States in which both countries agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country, and the memorandum or agreement complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457. Accordingly, the following are qualifying countries:

Australia

Austria

Belgium

Canada

Czech Republic

Denmark

Egypt

Estonia

Finland

France

Germany

Greece

Israel

Italy

Japan

Latvia

Lithuania

Luxembourg

Netherlands

Norway

Poland

Portugal

Slovenia

Spain

Sweden

Switzerland

Turkey

United Kingdom of Great Britain and Northern Ireland.

"Structural component of a tent"-

(1) Means a component that contributes to the form and stability of the tent (e.g., poles, frames, flooring, guy ropes, pegs); and

(2) Does not include equipment such as heating, cooling, or lighting.

" United States " means the 50 States, the District of Columbia , and outlying areas.

"U.S.-flag vessel" means a vessel of the United States or belonging to the United States , including any vessel registered or having national status under the laws of the United States .

(b) The Contractor shall deliver under this contract only such of the following items, either as end products or components, that have been grown, reprocessed, reused, or produced in the United States :

(1) Food.

(2) Clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing and the materials components thereof. Clothing includes items such as outerwear, headwear, underwear, nightwear. footwear, hosiery, handwear, belts, badges, and insignia.

(3)(i) Tents and structural components of tents;

(ii) Tarpaulins; or

(iii) Covers.

(4) Cotton and other natural fiber products.

(5) Woven silk or woven silk blends.

(6) Spun silk yarn for cartridge cloth.

(7) Synthetic fabric, and coated synthetic fabric, including all textile fibers and yarns that are for use in such fabrics.

(8) Canvas products.

(9) Wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles).

(10) Any item of individual equipment (Federal Supply Class 8465) manufactured from or containing fibers, yarns, fabrics, or materials listed in this paragraph (b).

(c) This clause does not apply-

(1) To items listed in section 25.104(a) of the Federal Acquisition Regulation, or other items for which the Government has determined that a satisfactory quality and sufficient quantity cannot be acquired as and when needed at U.S. market prices;

(2) To incidental amounts of cotton, other natural fibers, or wool incorporated in an end product, for which the estimated value of the cotton, other natural fibers, or wool-

(i) Is not more than 10 percent of the total price of the end product; and

(ii) Does not exceed the threshold at Defense Federal Acquisition Regulation Supplement 225.7002-2(a);

(3) To waste and byproducts of cotton or wool fiber for use in the production of propellants and explosives;

(4) To foods, other than fish, shellfish, or seafood, that have been manufactured or processed in the United States , regardless of where the foods (and any component if applicable) were grown or produced. Fish, shellfish, or seafood manufactured or processed in the United States and fish, shellfish, or seafood contained in foods manufactured or processed in the United States shall be provided in accordance with paragraph (d) of this clause;

(5) To chemical warfare protective clothing produced in a qualifying country; or

(6) To fibers and yarns that are for use in synthetic fabric or coated synthetic fabric (but does apply to the synthetic or coated synthetic fabric itself), if-

(i) The fabric is to be used as a component of an end product that is not a textile product. Examples of textile products, made in whole or in part of fabric, include-

(A) Draperies, floor coverings, furnishings, and bedding (Federal Supply Group 72, Household and Commercial Furnishings and Appliances);

(B) Items made in whole or in part of fabric in Federal Supply Group 83, Textile/leather/furs/apparel/findings/tents/flags, or Federal Supply Group 84, Clothing, Individual Equipment and Insignia;

(C) Upholstered seats (whether for household, office, or other use); and

(D) Parachutes (Federal Supply Class 1670); or

(ii) The fibers and yarns are para-aramid fibers and continuous filament para-aramid yarns manufactured in a qualifying country.

(d)(1) Fish, shellfish, and seafood delivered under this contract, or contained in foods delivered under this contract-

(i) Shall be taken from the sea by U.S.-flag vessels; or

(ii) If not taken from the sea, shall be obtained from fishing within the United States ; and

(2) Any processing or manufacturing of the fish, shellfish, or seafood shall be performed on a U.S.-flag vessel or in the United States .

(End of clause)

252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States. (Jun 2015)

(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.

(c) The requirements of this clause do not apply to any subcontractor that is--

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from HQDA-AT; telephone (703) 693-9832.

(End of clause)

252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

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

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

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

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.

Protocol.

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

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

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

(ii) For fixed price line items--

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

[ ] Invoice and Receiving Report (COMBO) (Supplies)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

[ xxx ] Invoice as 2 in 1 (Services)

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

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

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

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

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0672

Issue By DoDAAC W912PB

Admin DoDAAC** W912PB

Inspect By DoDAAC N/A

Ship To Code N/A

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) HQ0672

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

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

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

The Contractor shall enter the e mail address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system.

Acceptor: To be provided at award

Contract Specialist: Kimberly Marra

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

N/A

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

(End of clause)

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. (DEVIATION 2024-O0013 REVISION 1)

(May 2024) Deviation 2024-O0013 (May 2024)

SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (MAY 2024) (DEVIATION 2024-O0013

REVISION 1)

(a) Definitions. As used in this clause-

Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

Covered contractor information system means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

Covered defense information means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is-

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.

Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

Malicious software means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.

Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.

Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

Rapidly report means within 72 hours of discovery of any cyber incident.

Technical information means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Other Than Commercial Products and Commercial Services, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:

(1) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government, the following security requirements apply:

(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract.

(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.

(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:

(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations”, Revision 2 (available via the internet at https://nvlpubs.nist.gov/nistpubs/SpecialPublications /NIST.SP.800-171r2.pdf).

(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.

(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.

(C) If the DoD CIO has previously adjudicated the contractor’s requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.

(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/documents-templates/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.

(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan.

(c) Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor’s ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, the Contractor shall-

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor’s network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor’s ability to provide operationally critical support; and

(ii) Rapidly report cyber incidents to DoD at https://dibnet.dod.mil.

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at https://dibnet.dod.mil.

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see https://public.cyber.mil/eca/.

(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer.

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.

(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information equipment that is necessary to conduct a forensic analysis.

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the…