SP3300-16-R-0021.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000044864

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SP3300-16-R-0021

5. SOLICITATION NUMBER

2016 AUG 03

6. SOLICITATION ISSUE

DATE

Kirk Moser DKM0003

a. NAME

Phone: 717-770-6082

b. TELEPHONE NUMBER (No Collect calls)

2016 SEP 02

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SP3300

DLA DISTRIBUTION

OFFICE OF PROCUREMENT - EBS

2001 MISSION DRIVE

NEW CUMBERLAND PA 17070-5000

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

339940NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

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

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

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

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

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

02:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

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

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

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

CONTINUED ON NEXT PAGE

GENERAL OVERVIEW

NOTE: The following project description is for the purpose of general information and is not intended to include and describe every feature of the requirement or to define the Statement of Work.

This Request for Proposal (RFP) is for a Fixed Price Requirements contract to provide printer consumables of various types and sizes, consisting of printer ribbons, labels, cleaning cards and bond paper to various DLA Distribution Sites.

1. This acquisition is Brand Name or Equal (Intermec). The North American Industry Classification System (NAICS) code for this project is 339940 and the size standard 750 employees.

2. This acquisition is solicited as unrestricted.

3. The period of performance is ON OR ABOUT the dates listed below:

Base Year: September 28, 2016 – September 27, 2017 Option Year 1 (if exercised): September 28, 2017 – September 27, 2018 Option Year 2 (if exercised): September 28, 2018 – September 27, 2019 Option Year 3 (if exercised): September 28, 2019 – September 27 2020 Option Year 4 (If exercised): September 28, 2020 – September 27, 2021

4. This solicitation requires vendors to submit pricing for each CLIN. The destination address will be provided in the individual Delivery Orders placed against this contract. F.O.B. Destination prices shall include delivery to all destinations including delivery to the continental United States (CONUS) Consolidation and Containerization Points (CCP) if the ultimate destination is OCONUS or overseas. Destinations are not restricted to CONUS Defense Logistics Agency (DLA) Distribution sites.

5. A technical package is required from all offerors and shall be provided with the proposal. Please pay special attention to the Instructions to offerors starting on page 24. The instructions require product that meet the technical requirements as specified in the MIL-PRF-61002B w/AMENDMENT 2, dated June 5, 2013 and various documentation such as technical capability information, past performance information, completed Representations and Certifications, etc. The evaluation factors, starting on page 31 explains how offeror’s proposal will be evaluated for acceptability/unacceptability. First Article Test (FAT) will be conducted by the Government as specified in the provisions.

6. The contractor will be required to deliver the shipping containers specified in each delivery order in a maximum of 21 days after receipt of order; however, the actual delivery date will be specified on each order.

7. Contractor shall type company name, address, and CAGE code exactly as it appears in the DoD System for Award Management (SAM) Database.

Company Name: _________________________________ Company Address: _________________________________

CAGE Code: _________________________________ Point of Contact ¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬¬_________________________________ Telephone: _________________________________

EMAIL __________________________________

8. SYSTEM FOR AWARD MANAGEMENT – A prospective awardee shall be registered in the System for Award Management (SAM) database prior to award, during performance and through final payment of any contract resulting from this solicitation. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.sam.gov.

PAGE 3 OF 55 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SP3300-16-R-0021

9. REVERSE AUCTION: DLAD Provision 52.215-9023 (OCT 2013) Reverse Auction is included in this solicitation (see pages 25 - 27 of the RFP for full text).

10. INVOICING AND PAYMENT – Invoicing and Payment will be made via Wide Are WorkFlow (WAWF). See DFAR Clause 252.232-7003 and 252.232-7006 found on pages 7 & 11 of the RFP.

11. ADDITIONAL WAWF INFORMATION FOR OCONUS SHIPMENTS – The contractor shall provide proof of delivery to the CCP Issuing Officer so that receipts may be posted in order to allow for payment through WAWF.

12. PACKING AND MARKING REQUIREMENTS: All products shall be packaged best commercial practice in accordance with ASTM 3951. All shipments must contain proper shipping documentation. Contractor shall attach, in a water resistant envelope, to the exterior shipping container a commercial packing list. All documents must include at a minimum, contract number and document number for the item, stock number, quantity, and unit of issue.

Omission of any data on the shipping documentation could cause a delay in receipt of goods and significantly delay payment.

13. MARK CONTRACT NUMBER ON ALL CORRESPONDENCE

Contractor must mark the contract or purchase order number on all paperwork and shipments. The order number must appear on the exterior of the shipment. Failure to follow these instructions will hold up payment to you and could result in the return of merchandise at your expense.

14. CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS) REQUIREMENTS

(a) The contractor, in performing this contract, will be subject to a past performance assessment in accordance with FAR 42.15 and the Contractor Performance Assessment Reporting System (CPARS) User Manual at https://www.cpars.gov/pdfs/CPARS_User_Manual.pdf. All information contained in the assessment may be used by the Government, within the limitations of FAR 42.15, for future source selections in accordance with FAR

15.304 where past performance is an evaluation factor. Assessments will be conducted as prescribed by CPARS guidance.

(b) The contractor shall provide the name, telephone number and e-Mail address for the CPARS Contractor Representative (CR) to the Acquisition Specialist and/or Contracting Officer.

(c) The contractor shall access the assessment upon receiving notification from the Contracting Officer (KO)/Assessing Official (AO) that the assessment was completed and is pending contractor review/comment. The contractor shall submit comments, request additional information, or rebut statements (if warranted or desired) within 60 calendar days, however, the assessment will be sent to the Past Performance Information Retrieval System (PPIRS) fifteen (15) calendar days following the AO’s signature. The assessment will be marked “Pending” until the Contractor Representative (CR) signs it. On the 61st calendar day, the CR comment period will end and the CR will be locked out of commenting, rebutting and signing the assessment. The evaluation will be returned to the AO for finalization.

Depending on the Contractor's response, the results will be as follows:

(i) If automatically annotated in the Contractor Comments section of the HTML view with the following system-generated statement: “The report was delivered/received by the contractor on MM/DD/YYYY. The contractor neither signed nor offered comment in response to this assessment”; the Government may finalize the assessment;

(ii) If the contractor comments with non-concurrence of the assessment, the Government will review the CR comments, modify (if determined necessary) and finalize the assessment; or

(iii) If the contractor concurs with the assessment, the Government will finalize the assessment.

The assessment is not subject to the Disputes clause of the contract, nor is it subject to appeal beyond the review and comment procedures described above and in the CPARS Guide.

Refer to the CPARS User Manual at https://www.cpars.gov/pdfs/CPARS_User_Manual.pdf for details and additional information related to CPARS, user access (which includes obtaining a PKI certificate), and how contractors participate.

PAGE 4 OF 55 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

15. Questions shall be submitted in writing via e-mail to: Email: kirk.moser@dla.mil

The Government is not soliciting for the “same old way” of doing business. The Government encourages proposals that will achieve savings through innovative processes. Furthermore, DLA Distribution personnel are working to eliminate unnecessary requirements and negotiating for a reduction in material prices. Therefore, your assistance is requested in not only reducing prices but also, request submitting all of your ideas for how to improve our buying processes to reduce material costs.

Attachments:

Attachment 1 – Schedule of Supplies Attachment 2 – First Article Test (FAT) Plan Process and Procedures Attachment 3 – MIL-PRF-61002B w/AMENDMENT 2, dated June 5, 2013 Attachment 4 – Salient Characteristics Attachment 5 – Past Performance Questionnaire Attachment 6 - Subcontracting Template

SCHEDULE OF SUPPLIES/SERVICES

(SEE ATTACHMENT 1)

PAGE 5 OF 55 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

See Attached Continuation of Supplies/Services (Attachment 1).

CLAUSES

Addenda to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (MAY

2015)

Additional applicable clauses incorporated by reference:

FAR 52.202-1 - Definitions (Nov 2013)

FAR 52.203-3 - Gratuities (Apr 1984)

FAR 52.203-12 -- Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)

FAR 52.204-4 - Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

FAR 52.219-9 - Small Business Subcontracting Plan (DEVIATION 2013-O0014) (Aug 2013)

FAR 52.227-1 - Authorization and Consent (Dec 2007)

FAR 52.227-2 - Notice and Assistance Regarding Patent and Copyright Infringement (Dec. 2007)

FAR 52.232-17 – Interest (May 2014)

FAR 52.232-40 – Providing Accelerated Payments to a Small Business Subcontractors (Dec 2013)

FAR 52.242-13 – Bankruptcy (Jul 1995)

FAR 52.247-34 – FOB Destination (Nov 1991)

DFARS 252.203 - 7000 – Requirements Relating to Compensation of Former DOD Officials (Sep 2011)

DFARS 252.203 - 7003 – Agency Office of the Inspector General (Dec 2012)

DFARS 252.204-7012 – Safeguarding Covered Defense Information and Cyber Incident Reporting (DEC

2015)

DFARS 252.204 - 7015 – Disclosure Information to Litigation Support Contractors (May 2016

DFARS 252.205 - 7000 – Provision of Information to Cooperative Agreement Holders (Dec 1991)

DFARS 252.223 - 7008 -- Prohibition of Hexavalent Chromium (Jun 2013)

DFARS 252.225 - 7012 -- Preference for Certain Domestic Commodities (Feb 2013)

DFARS 252.225 - 7021 – Trade Agreements—BASIC (JUN 2016 2015)

DFARS 252.226 - 7001 – Utilization of Indian Organizations, Indian-Owned Economic Enterprises and

Native Hawaiian Small Business Concerns (SEP 2004)

DFARS 252.232-7003 – Electronic Submission of Payment Requests and Receiving Reports (Jun 2012)

DFARS 252.232-7010 – Levies on Contract Payments (Dec 2006)

DFARS 252.243 7001 - Pricing of Contract Modifications (Dec 1991)

DFARS 252.243-7002 – Requests for Equitable Adjustments (Dec 2012)

DFARS 252.244-7000 – Subcontracts for Commercial Items and Commercial Components (DOD Contracts)

(Jun 2013)

DFARS 252.247-7003 – Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer

(Jun 2013)

DFARS 252.247-7023 – Transportation of Supplies by Sea (Apr 2014)

DFARS 252.247-7024 – Notification of Transportation of Supplies by Sea (Mar 2000)

DLAD 52.211-9014 – Contractor Retention of Traceability Documentation (Aug 2012)

DLAD 52.246-9039 - Removal of Government Identification from Non-Accepted Supplies (Nov 2011)

DLAD 52.247-9012 – Requirements for Treatment of Wood Packaging Material (WPM) (Feb 2007)

Clauses incorporated by full text:

FAR 52.209-4 – FIRST ARTICLE APPROVAL – GOVERNMENT TESTING (SEP 1989)

(a) After award the Contractor shall deliver product samples in accordance with Attachment 2- First Article Test

Plan and Procedures of CLIN 0001 within 30 calendar days from the date of this contract to the Government at DLA

Distribution J7 Attn: Kirk Moser, Building 404, Avenue J, New Cumberland, PA 17070 for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.

(b) Within 30 calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The

Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The

Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor --

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the Contractor’s expense.

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting

Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for

(1) progress payments, or

(2) termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.

(ii)

(End of Clause)

FAR 52.211-9 – DESIRED AND REQUIRED TIME OF DELIVERY (JUN 1997)

(a) The Government desires delivery to be made according to the following schedule:

DESIRED DELIVERY SCHEDULE

ITEM NO. QUANTITY WITHIN DAYS AFTER DATE

OF CONTRACT

ALL CLINS AS SPECIFIED UNDER EACH

DELIVERY ORDER IN

ACCORDANCE WITH THE

ORDER LIMITATIONS

CLAUSE FAR 52.216-9

14 DAYS

If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer, propose a delivery schedule below. However, the offeror’s proposed delivery schedule must not extend the delivery period beyond the time for delivery in the Government’s required delivery schedule as follows:

REQUIRED DELIVERY SCHEDULE

ITEM NO. QUANTITY WITHIN DAYS AFTER DATE

OF CONTRACT

ALL CLINS AS SPECIFIED UNDER EACH

DELIVERY ORDER IN

ACCORDANCE WITH THE

ORDER LIMITATIONS

CLAUSE FAR 52.216-9

21 DAYS

Offers that propose delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. If the offeror proposes no other delivery schedule, the desired delivery schedule above will apply.

OFFEROR’S PROPOSED DELIVERY SCHEDULE

ITEM NO. QUANTITY WITHIN DAYS AFTER DATE

OF CONTRACT

ALL CLINS AS SPECIFIED UNDER EACH

DELIVERY ORDER IN

ACCORDANCE WITH THE

ORDER LIMITATIONS

CLAUSE FAR 52.216-9

21 DAYS

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. The

Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day the award is dated. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of Clause)

FAR 52.211-16 – VARIATION IN QUANTITY (APR 1984)

a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

10 Percent increase - FULL UNIT OF ISSUE

10 Percent decrease - FULL UNIT OF ISSUE

This increase or decrease shall apply to the contract line items ordered under each delivery order.

(End of Clause)

FAR 52.211-17 – DELIVERY OF EXCESS QUANTITIES (SEP 1989)

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the

Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor’s expense or retained and paid for by the Government at the contract unit price.

(End of Clause)

52.216-18 – ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from __DATE OF

CONTRACT (specific dates will be provided on the contract)_ through _365 days after date of contract for Base

Year and 4 option years thereafter.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the

Schedule.

(End of Clause)

FAR 52.216-19 – ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1 CT, 1RO, or 1 BX (as specified by the CLIN unit of issue), the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of 1000 CT, 1000 RO, or 1000 BX (single item);

(2) Any order for a combination of items in excess of 15000 CT, 15000 RO, or 15000 BX (combination of items); or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

FAR 52.216-21 – REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government’s requirements do not result in orders in the quantities described as “estimated’’ or “maximum” in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 days after the expiration of contract.

(End of Clause)

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

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of the end of the period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the

Government to an extension.

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

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

(5) years.

(End of Clause)

FAR 52.252-2 – CLAUSE INCORPORATED BY REFERENCE (FEB 1998)

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

http://www.arnet.gov/far http://farsite.hill.af.mil

(End of Clause)

DFARS 252.204-7003 - Control of Government Personnel Work Product (Apr 1992) http://www.arnet.gov/far http://farsite.hill.af.mil/

The Contractor’s procedures for protecting against unauthorized disclosure of information shall not require

Department of Defense employees or members of the Armed Forces to relinquish control of their work products, whether classified or not, to the Contractor.

(End of clause)

DFARS 252.209-7004 - Subcontracting with Firms that are Owned or Controlled by the Government of a

Country that is a State Sponsor of Terrorism (Oct 2015)

(a) Unless the Government determines that there is a compelling reason to do so, the Contractor shall not enter into any subcontract in excess of $35,000 with a firm, or a subsidiary of a firm, that is identified in the Exclusions section of the System for Award Management (SAM Exclusions) as being ineligible for the award of Defense contracts or subcontracts because it is owned or controlled by the government of a country that is a state sponsor of terrorism.

(b) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party that is identified, in SAM Exclusions, as being ineligible for the award of

Defense contracts or subcontracts because it is owned or controlled by the government of a country that is a state sponsor of terrorism. The notice must include the name of the proposed subcontractor and the compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion in SAM Exclusions.

(End of clause)

DFARS 252.232-7006 - WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause—

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

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

WorkFlow (WAWF).

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

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and

Receiving Reports.

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

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

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

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

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

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

Interchange, or File Transfer Protocol.

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

(1) Document type. The Contractor shall use the following document type(s).

____________Invoice (stand alone)___________________________ _______

(Contracting Officer: Insert applicable document type(s).

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm https://www.acquisition.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an

“Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in

WAWF, as specified by the contracting officer.

__________________N/A__________________________________________

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC

SL4701

Issue By DoDAAC

SP3300

Admin DoDAAC

SP3300

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) This will be based upon each orders delivery table.

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. 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.

______N/A – UNLESS SPECIFIED IN EACH ORDER______________________

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(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.

__________________________SPECIFIED IN EACH ORDER______________________________

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

DLAD 52.211-9010 – Shipping Label Requirements – Military Standard (MIL-STD) 129P (Apr 2014)

(a) MIL-STD-129, revision P, current version, establishes requirements for Contractors that ship packaged materiel to the Government to provide both linear bar codes and two-dimensional (2D) symbols on shipping labels (but see paragraph (d) for exceptions to the requirement for 2D symbols). Shipping labels with 2D symbols are referred to as military shipping labels (MSL). See the Defense Logistics Agency (DLA) packaging web site identified in paragraph (e) for change notices to MIL-STD-129P that apply. Linear (code 3 of 9 or code 39) bar codes continue to be required on interior packages (unit packs and intermediate packages) for the national stock number (NSN) and, when applicable, the serial number(s); and on exterior shipping containers and palletized unit loads for the NSN, commercial and Government entity (CAGE) code, contract number and, when applicable, the serial number(s). This data is also required to be linear bar-coded on the Department of Defense (DD) form 250.

(b) The shipping label described in this clause replaces former DD form 1387 and is illustrated in Figures 2a and 2b of MIL-STD-129P.

(1) The shipping label requires code 3 of 9 or code 39 linear bar codes for the transportation control number (TCN), piece number and DOD activity address code (DoDAAC) for the ultimate consignee or mark-for address.

(2) The 2D symbol on the shipping label must contain the document (requisition) number, NSN, originating activity’s routing identifier code (RIC), unit of issue, quantity, condition code, and unit price, which are ordinarily included on the DD Form 250. A complete list of data elements is defined in table IV of MIL-STD-129P. The TCN should be part of the mark-for information on the contract. This mark-for should be directly below the ship-to address in the contract. All TCNs must be unique, and each part of a shipment (partial shipment of one or more pieces) loaded on a different conveyance requires a unique TCN. Samples of TCN construction may be found at the

DLA web site identified in paragraph (e) of this clause. (A general construction of a TCN is provided below.)

Except for the TCN, which must always be present on the shipping label, when the contract omits any other data elements as defined in table IV of MIL-STD-129P and if the information is not available from the administrative contracting officer, then the field is not required as part of the shipping label and may be left blank.

TCN positions 1-14 requisition/document number

TCN position 15 Enter the suffix code; if none, enter “X”

TCN position 16 Enter “X” if not a partial shipment; if a partial shipment, enter “A” for first shipment, “B” for second shipment, etc. (see paragraph L., Appendix L, Part II of the Defense Transportation Regulation (DTR), DOD

4500.9-R)

TCN Position 17 Enter “X”

(c) The following must comply with the requirements in table IV of MIL-STD-129P and include all applicable data elements identified in the table.

(1) All diverted or redirected outside the contiguous United States (OCONUS) direct vendor delivery (DVD) and prime vendor shipments which pass through the Defense Transportation System (DTS) via Defense Distribution depot consolidation points (see below), aerial ports of embarkation, pre-positioned ship operations sites, or the

Norfolk, Virginia container freight station.

Container Consolidation Point DODAAC

Defense Depot San Joaquin California (DDJC)(CCP

WHSE 30)

W62N2A and

SW3225

Defense Depot Susquehanna Pennsylvania (DDSP)(CCP

Door 135-168)

W25N14 and

SW3123

(2) Shipments for depot storage with destinations to the following OCONUS (overseas) locations:

Depot Storage Site DODAAC

Defense Depot Pearl Harbor Hawaii (DDPH) SW3144

Defense Depot Yokosuka Japan (DDYJ) SW3142

Defense Depot Germersheim Germany (DDDE) SWE300

Defense Depot Sasebo Japan (DDYJ) SW3143

Defense Depot Sigonella Italy (DDSI) SW3170

Defense Depot Guam (DDPH) SW3147

Defense Depot Korea (DDDK) SW3105

(3) Direct vendor delivery (DVD) shipments. The following additional guidance applies when bar coding DVD shipments:

(i) In addition to other marking requirements in the contract, the following separate lines of bar coded data, with human readable interpretation (HRI) printed clearly below the element, shall be provided. No spaces shall separate the individual data elements within each line.

(A) Document number and suffix. The document number consists of a 14-character (15 characters when a suffix is included) alpha-numeric code. It may be listed on a contract/award as the requisition number, transportation control number (TCN), etc. If there is no TCN, use the requisition number followed by “XXX.”

(B) National stock number (NSN). The NSN will appear as a 13-digit code without the dashes. If there is no NSN, use the CAGE and part number.

(C) ICP routing identifier code (RIC). The RIC for each procuring activity is as follows:

S9C – DLA Land and Maritime – construction

S9E – DLA Land and Maritime – electronics

S9F – DLA Energy – missiles

S9G – DLA Aviation

S9I – DLA Troop Support - general and industrial

S9T – DLA Troop Support - clothing and textiles

S9M – DLA Troop Support - medical materiel

(D) Unit of issue. The appropriate unit of issue (U/I) will appear as a two-digit alpha character.

(E) Quantity. The quantity will appear as a five-position number, including zero fillers on the left.

(F) The above will be followed by an “A” and eight zeros (specifically, “A00000000”).

(ii) These bar code markings shall be placed on labels affixed to either to DD Form 250 or the commercial packing list. If used on the DD Form 250, it should be in blocks 15, 16, 17, etcetera. In either case, these documents shall be furnished in packing list envelopes affixed to the outside of the shipping container.

(iii) The bar code symbology shall be code 3 of 9 (code 39) in accordance with the International Organization for

Standardization (ISO)/ the International Electrotechnical Commission (IEC)-16388.

(d) Listed below are exceptions to requirements in Table IV of MIL-STD-129P. These shipments/orders require only a DD form 250 or commercial invoice and a shipping label, with the document number (except for shipments described in subparagraph (d)(5)); NSN; RIC; unit of issue; quantity; condition code; and unit price. This data must be code 3 of 9 (code 39) bar code symbology in accordance with ISO/IEC-16388. (Although not mandatory, a military shipping label in accordance with MIL-STD-129P is acceptable for depot shipments.)

(1) Subsistence items procured through full-line food distributors (prime vendors), “market ready” type items such as fresh milk, ice cream, and other fresh dairy products, fresh bread and other fresh bakery products, and all fresh fruits and vegetables, shipped within the contiguous United States (CONUS) to customers within CONUS.

(2) Any item for which ownership remains with the vendor until the item is placed in designated locations at the customer location prior to issuance to the customer. Government control begins upon placement of the item by the vendor into the designated location or issuance from the designated location by vendor personnel (that is, the vendor is required to stock bins at the customer location and/or issue parts from a vendor controlled parts room).

(3) Bulk purchases of petroleum, oil and lubricant products delivered by (A) pipeline; or (B) tank car, tanker and tank trailer for which the container has (1) a capacity greater than 450 liter (119 gallons) as a receptacle for a liquid;

(2) a maximum net mass greater than 400 kilogram (882 pounds) and a capacity greater than 450 liter (119 gallons) as a receptacle for a solid; or (3) a water capacity greater than 454 kilogram (1000 pounds) as a receptacle for a gas.

(4) Medical items procured through DVD suppliers or prime vendors that ship directly to the end customer, such as medical treatment facilities, hospitals, or clinics, and do not pass through the Defense Transportation System.

(5) CONUS-originated shipments for depot storage with destinations to the following:

Depot Storage Site DoDAAC

Defense Depot Susquehanna Pennsylvania

(DDSP)

W25G1U and

SW3124

Defense Depot San Joaquin California (DDJC) W62G2T and

SW3224

Defense Depot Norfolk Virginia (DDNV) SW3117

Defense Depot San Diego California (DDDC) SW3218

Defense Depot Jacksonville Florida (DDJF) SW3122

Defense Depot Puget Washington (DDPW) SW3216

Defense Depot Cherry Point North Carolina

(DDCN)

SW3113

Defense Depot Richmond Virginia (DDRV) SW0400

Defense Depot Red River Texas (DDRT) W45G19 and

SW3227

Defense Depot Corpus Christi Texas (DDCT) W45H08 and

SW3222

Defense Depot Tobyhanna Pennsylvania

(DDTP)

W25G1W and

SW3114

Defense Depot Anniston Alabama (DDAA) W31G1Z and

SW3120

Defense Depot Hill Utah (DDHU) SW3210

Defense Depot Oklahoma City Oklahoma

(DDOO)

SW3211

Defense Depot Warner Robins Georgia

(DDWG)

SW3119

Defense Depot Barstow California (DDBC) SW3215

Defense Depot Albany Georgia (DDAG) SW3121

(6) Delivery orders when the basic contract has not been modified to require MIL-STD-129P.

(e) MIL-STD-129P provides numerous illustrations of what should be bar-coded and the recommended placement of the bar code. Further information is available on the DLA packaging web site. In addition, DLA’s distribution and planning and management system (DPMS) is a web-based system capable of providing shipping instructions and military shipping labels. Users must first register at DLA Distribution’s website. Click “ok” then “create account” to get access to use the DPMS production site. DPMS training is available. Click “vendor application,” then “user’s guide.”

(f) A copy of ISO/IEC-16388 is available from:

The American National Standards Institute

25 West 43rd Street, New York, NY 10036 or through www.ansi.org or www.iso.org/iso/home.html.

(End of Clause)

Alternate I (AUG 2005). As prescribed in 11.290(b), replace subparagraph (c)(3)(i)(C) of the basic clause with the following:

(C) ICP routing identifier code (RIC). The RIC for all procuring activities is “SMS.”

http://www.ansi.org/ http://www.iso.org/iso/home.html

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

EXECUTIVE ORDERS – COMMERCIAL ITEMS (JUNE 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19

U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I

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

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009

(Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and

Reinvestment Act of 2009).

_X_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2015) (Pub.

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

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of

Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014)

(Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013)

(41 U.S.C. 2313).

___ (10) [Reserved]

___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

_X_ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct

2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved]

___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Oct 2001) of 52.219-9.

_X_ (iii) Alternate II (Oct 2001) of 52.219-9.

___ (iv) Alternate III (Oct 2015) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15

U.S.C. 657f).

___ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2016) (E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

_X_ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

(E.O. 13496).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

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

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items

(May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (36) 52.223-11, Ozone-Depleting…