CSS SP3300-23-Q-0028 Amendment 0002.pdf

Controlled by: DLA Distribution Controlled by: DLA Distribution J7AB

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POC: Anthea.Gladkowski@dla.mil

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DEFENSE LOGISTICS AGENCY

DLA DISTRIBUTION

5430 MIFFLIN AVENUE

NEW CUMBERLAND, PENNSYLVANIA 17070-5008

MARCH 27, 2023

AMENDMENT 0002 – APRIL 11, 2023

AMENDMENT 0001 – APRIL 5, 2023

Action Code: Combined Synopsis / Solicitation

Issuing Office:

DLA Distribution Acquisition Operations J7 430 Mifflin Avenue, Suite 3102A New Cumberland, PA 17070-5008

Product Service Code (PSC): J039 Maintenance, Repair and Rebuilding of Equipment: Materials Handling Equipment

Subject: Weight Handling Equipment Maintenance and Inspection Services

Solicitation: SP3300-23-Q-0028

Closing Response Date: Friday, April 14, 2023 3:30 pm EST – Failure to submit your response by this date and time may result in non-consideration of your quote.

Closing Date for Questions: Thursday, March 30, 2023 3:30 pm EST – Any questions received after the response date may not be answered by the Government.

Point of Contact:

Ms. Anthea Gladkowski Anthea.Gladkowski@dla.mil 717-770-4322

Contracting Officer:

Mr. Christopher Robinson christopher.robinson@dla.mil 717-770-7285

Description: This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in the Federal Acquisition Regulations (FAR) Subpart 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Items in conjunction with FAR Part 13 – Simplified Acquisition Procedures. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

This solicitation is being issued as a Request for Quote (RFQ) under solicitation SP3300-23-Q-0028.

This notice incorporates the provisions and clauses in effect under:

REGULATION IDENTIFICATION EFFECTIVE

DATE

Federal Acquisition Circular (FAC) 2023-02 14 FEB 2023

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Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice (DPN)

20230301 01 MAR 2023

Defense Logistics Acquisition Directive (DLAD) Current to Revision 5 through Procurement Letter (PROCLTR)

2023-05 14 MAR 2023

The complete text of any of the clauses and provisions are available electronically from the following sites:

FAR - https://www.ecfr.gov/current/title-48/chapter-1 DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ DLAD - https://www.dla.mil/HQ/Acquisition/Policy-and-Directives/

This Request for Quotation (RFQ) is being issued as 100% Small Business Set-Aside under NAICS 811310 with a size standard of $11,000,000.00 and PSC J039. SP3300-23-Q-0028 is being issued to establish a Hybrid Firm-Fixed Price/Time & Materials (T&M) purchase order for a contractor to provide Preventative Maintenance services, Corrective Maintenance services, Inspection/Testing, Load Testing and Certification on Government owned Weight Handling Equipment (WHE) located at DLA Distribution Warner Robins, Georgia.

This acquisition is not a Defense Priorities and Allocations Systems (DPAS) rated procurement.

The contractor shall provide all labor, equipment, tools, test equipment, materials, replacement parts, and supervision necessary to perform Preventative Maintenance (PM) and Corrective Maintenance (CM) unscheduled, Inspection/Testing, Load Testing and Certification to keep all equipment in operating condition. The services shall be performed in accordance with Attachment 1 – Statement of Work (SOW). An Equipment Inventory List is provided to identify each system component (equipment) that requires maintenance service (Attachment 2). The Maintenance Task List is provided to define the PM requirements (Attachment 3).

The Government intends to award one (1) purchase order as a result of this RFQ which will be issued on a Standard Form (SF) 1449. Vendors must quote all CLINs on the Schedule of Supplies to be eligible for award.

Place of Performance:

DLA Distribution Warner Robins, GA 455 Byron St., Bldg 376 Robins AFB, GA 31098-1887

See Section 2.0 Overview of the Weight Handling Equipment of the Statement of Work (Attachment 1) for building locations of WHE Systems.

Period of Performance: This requirement consists of a Base Year and Two (2) One-Year Options.

Base: 1 May 2023 through 30 April 2024 Option Year 1: 1 May 2024 through 30 April 2025 Option Year 2: 1 May 2025 through 30 April 2026

Service Contract Act Wage Determination No. 2015-4495 Revision No. 21 dated 12/27/2022 will apply to any services performed at DLA Distribution Warner Robins, GA and is provided as Attachment 6 to this solicitation.

Attachments applicable to this RFQ:

Attachment 1 – Statement of Work Attachment 2 – Equipment Inventory List Attachment 3 – Maintenance Task List Attachment 4 – DPAS Work Order Attachment 5 – Schedule of Supplies/Services Attachment 6 – Wage Determination No. 2015-4495 Rev 21 dated 12/27/2022

The Schedule of Supplies/Services for this procurement is provided as Attachment 5 to this solicitation.

https://www.ecfr.gov/current/title-48/chapter-1 https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ https://www.dla.mil/HQ/Acquisition/Policy-and-Directives/

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CLIN X001: Firm-Fixed Price: Preventative Maintenance (PM): Labor to perform maintenance services on WHE Systems in accordance with Attachment 1 – Statement of Work. This is a Firm-Fixed Price CLIN. Contractor will be paid on a monthly basis for maintenance services.

CLIN X002: Contractor Manpower Reporting: Contractor shall report all contractor labor hours (including subcontractor labor hours) in accordance with Attachment 1 – Statement of Work. Offerors shall not provide quotes as the level of funding will be provided by the Government on a Ceiling/Not-to-Exceed basis for this purpose.

CLIN X003: Time and Materials: Corrective Maintenance (CM): Labor to perform equipment repairs in conjunction with unscheduled Corrective Maintenance in accordance with Attachment 1 – Statement of Work.

The number of hours shown are estimates. Contractor will only be paid for the actual number of hours worked.

CLIN X004: Time and Materials: Replacement Parts required for WHE repairs in conjunction with unscheduled Corrective Maintenance. This is an estimated amount to reimburse contractors for replacement parts required for Corrective Maintenance. Prices shall not exceed the contractor’s established catalog or market price. If the contractor obtains a part at a discounted cost, the contractor shall pass the savings on to the Government. The amount shown is a Not-to-Exceed (NTE) estimate only. The Contractor will be reimbursed for the actual cost of replacement parts with no additional handling charges, in accordance with FAR 52.212-4 Alt I.

CLIN X005: Time and Materials: Equipment Rental required for WHE repairs in conjunction with unscheduled Corrective Maintenance. This is an estimated amount to reimburse contractors for equipment rental expenses required for Corrective Maintenance. The amount shown is a Not-to-Exceed (NTE) estimate only. The Contractor will be reimbursed for the actual cost of equipment rental expenses with no additional handling charges, in accordance with FAR 52.212-4 Alt I.

CLIN X006: Time and Materials: Travel required for WHE repairs in conjunction with unscheduled Corrective Maintenance. This is an estimated amount to reimburse contractors for travel expenses required for Corrective Maintenance. The amount shown is a Not-to-Exceed (NTE) estimate only. The contractor will be paid for the actual costs of travel. Travel costs are additional equipment transportation expenses, lodging, meals, and incidental expenses associated with overnight stays to repair equipment in accordance with FAR 31.205-46 Travel Costs.

Mark Contract Number on all Correspondence: Contractor must mark the contract or purchase order number on all paperwork. Failure to follow these instructions will hold up payment to you and could result in the return of merchandise at your expense.

Invoicing and Payment: Invoicing and Payment will be made via Wide Area Work Flow. See DFARS Clause 252.232-7006.

ILLEGAL ITEMS NOT AUTHORIZED ON FEDERAL INSTALLATION: Illegal drugs, guns or other contraband are not authorized on this Federal installation. It is the contractor’s responsibility to ensure that its employees working on-site at this installation are U. S. citizens or legal aliens with no outstanding warrants. This installation is manned by a DoD Police Force who possesses apprehension authority, which includes holding suspects for local authorities. The local authorities can issue a citation that charges the individual with a specific offense and requires the individual to appear before a Federal Magistrate. This agency processes illegal aliens in accordance with INS instructions.

System for Award Management: IAW FAR 4.1102(a), offerors are required to be registered in the System for Award Management (SAM) database at the time an offer or quotation is submitted in order to comply with the annual representations and certifications requirements. Refer to DFARS 204.1103 for helpful information on navigation and data entry in the SAM database. Registration may be done on line at www.sam.gov.

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

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Company Name:

Company Address:

Telephone:

Cage code:

Point of Contact:

Email:

SOLICITATION PROVISIONS

THE FOLLOWING PROVISIONS ARE INCORPORATED BY REFERENCE:

FAR 52.203-18 Prohibition on contracting with entities that require certain internal confidentiality agreements or statements representation FAR 52.204-7 System for Award Management FAR 52.204-16 Commercial and Government Entity Code Reporting FAR 52.204-26 Covered telecommunications Equipment or Services--Representation FAR 52.209-2 Prohibition on contracting with inverted domestic corporations—representation FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law FAR 52.219-1 (Alt

1) Small Business Program Representations--Alternate I

FAR 52.222-22 Previous contracts and compliance reports FAR 52.225-25 Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran—representation and certifications DFARS 252.203-7005 Representation relating to compensation of former DOD officials DFARS 252.204-7003 Control of Government Personnel Work Product DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls DFARS 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation.

DFARS 252.204-7017 Prohibition on Acquisition of Covered Defense Telecommunications Equipment or

Services—Representation DFARS 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements DFARS 252.225-7035 Buy American – Free Trade Agreements-Balance of Payments Program Certificate-Basic DFARS 252.247-7022 Representation of Extent of Transportation by Sea

THE FOLLOWING PROVISIONS ARE INCORPORATED BY FULL TEXT:

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021)

(a) Definitions. As used in this provision--Covered telecommunications equipment or services, Critical technology, and Substantial or essential component have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

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(c) Representation. The Offeror represents that-- It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(d) Disclosures. If the Offeror has responded affirmatively to the representation in paragraph (c) of this provision, the Offeror shall provide the following information as part of the offer--

(1) All covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).

(End of Provision)

FAR 52.216-1 Type of Contract (APR 1984) The Government contemplates award of a single hybrid Firm-Fixed Price and Time and Materials Purchase Order as a result of this solicitation.

(End of Provision)

FAR 52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements-Commercial Item Acquisition

(NOV 2021)

(a) The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract resulting from this solicitation.

(b) The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each labor category applies to labor performed by-

(1) The offeror;

(2) Subcontractors; and/or

(3) Divisions, subsidiaries, or affiliates of the offeror under a common control.

(End of provision)

FAR 52.233-2 Service of Protest (SEP 2006)

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from

DLA DISTRIBUTION

ACQUISTION OPERATIONS (J7)

ATTN: CHRISTOPHER ROBINSON

CONTRACTING OFFICER

5430 MIFFLIN AVE, SUITE 3102A

NEW CUMBERLAND, PA 17070-5008.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is

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cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR - https://www.ecfr.gov/current/title-48/chapter-1 DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ DLAD - https://www.dla.mil/HQ/Acquisition/Policy-and-Directives/

DLAD 5452.233-9001 Disputes – Agreement to Use Alternative Dispute Resolution (ADR) (JUN 2020)

(a) The parties agree to negotiate with each other to try to resolve any disputes that may arise. If unassisted negotiations are unsuccessful, the parties will use alternative dispute resolution (ADR) techniques to try to resolve the dispute. Litigation will only be considered as a last resort when ADR is unsuccessful or has been documented by the party rejecting ADR to be inappropriate for resolving the dispute.

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party.

The documentation rejecting ADR must be signed by an official authorized to bind the contractor (see FAR 52.233- 1), or, for the Agency, by the contracting officer, and approved at a level above the contracting officer after consultation with the ADR Specialist and legal counsel. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the contracting officer before determining ADR to be inappropriate.

(c) If you wish to opt out of this clause, check here [ ]. Alternate wording may be negotiated with the contracting officer.

(End of Provision)

FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (NOV 2021) The provision at 52.212-1 and the following addenda are applicable to this acquisition.

FAR 52.212-1 Addenda

(1) Paragraph (c) of 52.212-1 is tailored to read as follows: (c) Period of acceptance of offers. The quoter agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of quotes.

(2) Facsimile and hard copy quote submissions will not be accepted or evaluated.

(3) Quotes shall be prepared in the English language.

(4) Quotes must be submitted electronically via email at: anthea.gladkowski@dla.mil Subject: SP3300-23-Q-

0028. Quotation – “Quoter’s Company Name”

(5) Quotes will be submitted with two Volumes: Volume 1 Price Quote and Volume 2 Past Performance

(6) Quotes must have the following Controlled Unclassified Information (CUI) marking incorporated on the appropriate pages in their quote submission:

a. Header on all page:

i. “CUI”

b. 1st page, bottom right corner (above footer text)

i. Controlled by:

ii. CUI Category:

iii. Distribution/Dissemination Controls:

iv. POC:

c. Footer (at very bottom) on all pages

i. “CUI”

Volume I Price Quote: Quotes may be submitted in contractor format and shall include:

1. Signed and dated cover letter with the following information, solicitation number, company name, address, telephone number, and e-mail address, and contractor Commercial and Government Entity (CAGE) Code

2. Completed Attachment 5 - Schedule of Supplies/Services for the base year and both option years.

- The quoter is required to complete the Unit Price for CLINs 0001, 0003, 1001, 1003, 2001, 2003; Total Price will calculate automatically.

https://www.ecfr.gov/current/title-48/chapter-1 https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ https://www.dla.mil/HQ/Acquisition/Policy-and-Directives/ mailto:anthea.gladkowski@dla.mil

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- CLINs 0004, 0005, 0006, 1004, 1005, 1006, 2004, 2005, 2006 are established Ceiling Prices;

so no unit price is required.

- CLINs 0002, 1002, 2002 are for Manpower Reporting which is not separately priced; so no unit price is required.

3. Completed Representations and Certifications located at FAR 52.212-3 or quoter statement indicating that said Representations and Certifications are current and located in the System for Award Management (SAM) database.

4. Signed Standard Form 30, Amendment of Solicitation of Contract for all amendments (applicable only if any amendments are issued against this solicitation).

Volume II Past Performance Past Performance Past performance information is used in determining the level of confidence the Government has for successful performance based upon the quoter’s actions under previously awarded, recent and relevant contracts. To be compliant with this factor the quoter shall provide the following:

1. A narrative synopsis that shall describe the quoter’s background, knowledge, and experience related to providing Scale Calibration and Maintenance Services. Of particular emphasis is performance that was executed in accordance with the same or similar scope and magnitude that is described in this solicitation.

2. The quoter must demonstrate through past performance an ability to perform the work described in the solicitation. The Government recommends submission of at least three (3) recent and relevant contracts but will evaluate any and all submitted contractor past performance information which demonstrates they have successfully executed contracts of similar scope and magnitude within the past five (5) years. References will be evaluated in the aggregate to allow quoters who may not have the entire scope, magnitude, and complexity of the requirement under one individual contract to still be considered relevant if experience with the full scope, magnitude, and complexity of the requirement can be demonstrated within the allotted number of references as described above. Recency, as it pertains to past performance information, is a measure of the time that has elapsed since the contract occurred. Recent contracts are defined as any contract under which any performance, delivery, or corrective action has occurred within the following time standards: five (5) years prior to this RFQ issuance date, regardless of the award date.

The Government shall only consider relevant past performance data. To be considered relevant, the Quoter must demonstrate past execution of similar contracts in terms of scope, complexity, technology, magnitude of effort, and schedule. Quoters shall provide the information for EACH recent and relevant contract it submits for itself or its subcontractor. Past performance information shall include the following:

a. Contractor Name

b. Name of customer/agency

c. Contract/Purchase Order Number

d. Customer Point of Contact (provide name, phone number, and email address)

e. Length of contract/period of performance (dates)

f. Dollar amount of contract (initial price and final price)

g. Description of service performed

h. Narrative synopsis that describes the specific nature of the work; similarities with the proposed work;

and the relevant experience gained

The Government recommends that Quoters and subcontractors limit references to those involving its performance as a prime or first tier subcontractor only. If the work was performed as a subcontractor, provide the name of the prime contractor.

3. In a separate narrative, Quoters may describe any quality awards or certifications that indicate technical excellence in the service requested. Examples of such awards or certifications include, the Malcolm Aldridge Quality Award, other Government quality awards, and private sector awards or certifications (e.g., the automobile industries QS 9000, Semitic’s SSQA, or ANS/EIA-599). Indicate what segment of the company

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(division or entire company) received the award or certification and the date. If the award or certification is over three years old, present evidence the qualifications still apply.

4. If a Quoter or its subcontractor determines they have no past performance data, they shall provide the following statement in lieu of the information requested above: “(Insert Quoter’s name) has determined that they possess no past performance information in accordance with the solicitation.” The Government cannot verify or evaluate classified contracts.

(End of Provision)

FAR 52.212-2 Evaluation – Commercial Products and Commercial Services (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer meets or exceeds the acceptability standards conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) price and (ii) past performance.

Request for Quote shall be evaluated for acceptability or unacceptability only and shall not be rated. Award will be based on the overall lowest evaluated price of the quotes meeting or exceeding the acceptability standards for the non-price factors. Any offeror who has submitted a technically acceptable quote and who has been found to have an acceptable past performance will then have the quote evaluated for lowest price.

To be considered acceptable and eligible for award, an offeror must address separately all the factors set forth in accordance with the instructions of this solicitation. A major item and/or gross omission which precludes meeting solicitation objectives that cannot be corrected prior to or during communications without major revision or complete resubmission of the quote will cause a quote to be found technically unacceptable.

Price The offeror shall complete Attachment 5 – Schedule of supplies/services. If a quote has been determined acceptable under each of the non-price factors listed below, the Government will then evaluate the quote for the lowest price. The proposed total price, the sum of the total amount for all CLINS, between offers that are determined to be technically acceptable will be the determining factor in the selection of a quote for award.

Price analysis shall not be conducted on offers or offerors determined to be unacceptable for award.

Government will perform a price analysis to determine the reasonableness of proposed price in accordance with FAR 15.404-1(b). The Government will utilize a comparison of proposed prices received in response to the solicitation.

The following non-price factor shall be used to determine acceptability of a quote:

Past Performance By Past Performance, the Government means the offeror’s record of conforming to the solicitation specifications and to standards of good workmanship; the offeror’s adherence to contract schedules, including the administrative aspects of performance; the offeror’s reputation for record of reasonable and cooperative behavior and commitment to customer satisfaction; and generally the offeror’s business-like concern for the interest of the customer.

Evaluation of past performance will be a subjective assessment based on consideration of all relevant facts and circumstances. It will not be based on absolute standards of acceptable performance.

The Government is seeking to determine whether the offeror has consistently demonstrated a commitment to customer satisfaction and timely deliveries.

Offerors who have submitted a technically acceptable quote will be given an opportunity to address any unfavorable reports of past performance. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will not be evaluated favorably or unfavorably on past performance.

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The minimum criteria for acceptability for this factor shall be the submittal by the offeror of past performance information from three (3) sources that clearly indicate that the offer has satisfactorily performed Scale Calibration and Maintenance Services.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

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

(DEC 2022)

Offerors must complete Representations and Certifications at 52.212-3 in the System for Award Management prior to submission or provide a completed copy with quote submission.

Alternate I (Oct 2014). As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision:

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

____ Black American.

____ Hispanic American.

Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

Individual/concern, other than one of the preceding.

THE FOLLOWING CLAUSES ARE INCORPORATED BY REFERENCE

FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services Alternate I The clause at FAR 52.212-4 and the following addenda are applicable to this acquisition.

FAR 52.212-4 Addenda

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards FAR 52.204-13 System for Award Management Maintenance FAR 52.204-18 Commercial and Government Entity Code Maintenance FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities FAR 52.204-25 Prohibition against Certain Telecommunications and Video Surveillance Services or

Equipment.

FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations FAR 52.211-17 Delivery of Excess Quantities FAR 52.222-25 Affirmative Action Compliance https://www.acquisition.gov/far/part-12#FAR_12_301

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FAR 52.223-5 Pollution Prevention and Right-to-Know Information FAR 52.223-10 Waste Reduction Program FAR 52.232-8 Discounts for Prompt Payment FAR 52.227-1 Authorization and Consent FAR 52.232-8 Discounts for Prompt Payment FAR 52.232-11 Extras FAR 52.232-39 Unenforceability of Unauthorized Obligations FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors FAR 52.233-1 Disputes FAR 52.233-3 Protest after Award FAR 52.233-4 Applicable Law for Breach of Contract Claim FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation FAR 52.247-17 Government Delay of Work FAR 52.247-34 F.o.b. Destination FAR 52.253-1 Computer Generated Forms DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials DFARS 252.204-7000 Disclosure Of Information DFARS 252.204-7003 Control of Government Personnel Work Product DFARS 252.204-7004 DoD Antiterrorism Awareness Training for Contractors DFARS 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber

Incident Information DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or

Services (JAN 2021) DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements DFARS 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials -

Basic DFARS 252.223-7008 Prohibition of Hexavalent Chromium DFARS 252.225-7002 Qualifying Country Sources as Subcontractors DFARS 252.225-7012 Preference for Certain Domestic Commodities DFARS 252.225-7036 Buy American – Free Trade Agreements-Balance of Payments Program DFARS 252.225-7048 Export Controlled Items DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7010 Levies on Contract Payments DFARS 252.232-7017 Accelerating Payments to Small Business Subcontractors--Prohibition on Fees and

Consideration DFARS 252.243-7001 Pricing of Contract Modifications DFARS 252.244-7000 Subcontracts for Commercial Items DFARS 252.247-7023 Transportation of Supplies by Sea

THE FOLLOWING CLAUSES ARE INCORPORATED BY FULL TEXT:

52.212-5 Contract Terms and Conditions Required to Implement Statutes Executive Orders –Commercial Items (DEC 2022) The clause at FAR 52.212-5 and the following addenda are applicable to this acquisition.

(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:

FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub.

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

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

FAR 52.219-28 Post Award Small Business Program Representation (Oct 2022) (15 U.S.C. 632(a)(2)).

FAR 52.222-3 Convict Labor (June 2003) (E.O. 11755).

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

FAR (i) 52.222-26 Equal Opportunity (Sep 2016) (E.O. 11246).

FAR (i) 52.222-35 Equal Opportunity for Veterans (June 2020) (38 U.S.C. 4212) FAR (i) 52.222-36 Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

FAR 52.222-37 Employment Reports on Veterans (June 2020) (38 U.S.C. 4212) FAR 52.222-50 Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving (Jun 2020) (E.O.

13513).

FAR 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

FAR 52.232-33 Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

FAR 52.232-34 Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

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

FAR 52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

FAR 52.222-43 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

FAR 52.222-55 Minimum Wages Under Executive Order 14026 (Jan 2022).

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

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;

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 3 years.

(End of Clause)

FAR 52.222-19 Child Labor – Cooperation with Authorities and Remedies (DEVIATION 2020-O0019)(JAN 2022)

(a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in—

(1) Israel, and the anticipated value of the acquisition is $50,000 or more;

(2) Mexico, and the anticipated value of the acquisition is $92,319 or more; or

(3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, CUI Category: PROCURE Distribution/Dissemination Controls: FEDCON

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Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $183,000 or more.

(b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212-3(i), the Contractor agrees to cooperate fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized officials.

(c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations:

(1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products.

(2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector General, Attorney General, or the Secretary of the Treasury.

(3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes.

(4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor. (The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.)

(d) Remedies.

(1) The Contracting Officer may terminate the contract.

(2) The suspending official may suspend the Contractor in accordance with procedures in FAR Subpart 9.4.

(3) The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR Subpart 9.4.

(End of clause)

FAR 52.252-2 Clauses Incorporated By Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR - https://www.acquisition.gov/browsefar DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current DLAD - http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

(End of Clause)

DLAD Procurement Note L06 Agency Protests (DEC 2016) Interested parties may file an agency level protest with the contracting officer or may request an independent review by the chief of the contracting office (CCO). Independent review by the CCO is an alternative to consideration by the contracting officer and is not available as an appellate review of a contracting officer decision on a protest previously filed with the contracting officer. Absent a clear indication of the intent to file an agency level protest with the CCO for independent review, protests will be presumed to be protests to the contracting officer.

(End of Procurement Note)

DFARS 252.201-7000 -- CONTRACTING OFFICER’S REPRESENTATIVE (DEC 1991)

(a) Definition. “Contracting officer's representative” means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting https://www.acquisition.gov/browsefar https://www.acq.osd.mil/dpap/dars/dfarspgi/current http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

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officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

(End of Clause)

DFARS 252.225-7013 Duty-Free Entry. (DEVIATION 2020-O0019) (JUL 2020)

(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.

“Customs territory of the United States” means the 50 States, the District of Columbia, and Puerto Rico.

“Eligible product” means—

(i) “Designated country end product,” as defined in the Trade Agreements (either basic or alternate) clause of this contract;

(ii) “Free Trade Agreement country end product,” other than a “Bahrainian end product,” a “Moroccan end product,” a Panamanian end product,” or a “Peruvian end product,” as defined in the Buy American—Free Trade Agreements—Balance of Payments Program (either basic or alternate II) clause of this contract, basic or its Alternate II;

(iii) “Free Trade Agreement country end product” other than a “Bahrainian end product,” “Korean end product,” “Moroccan end product,” “Panamanian end product,” or “Peruvian end product,” as defined in of the Buy American—Free Trade Agreements—Balance of Payments Program (either alternate IV or alternate V) clause of this contract.

“Qualifying country” and “qualifying country end product” have the meanings given in the Trade

Agreements clause, the Buy American and Balance of Payments Program clause, or the Buy American—Free Trade Agreements—Balance of Payments Program clause of this contract, basic or alternate.

(b) Except as provided in paragraph (i) of this clause, or unless supplies were imported into the customs territory of the United States before the date of this contract or the applicable subcontract, the price of this contract shall not include any amount for duty on—

(1) End items that are eligible products or qualifying country end products;

(2) Components (including, without limitation, raw materials and intermediate assemblies) produced or made in qualifying countries, that are to be incorporated in U.S.- made end products to be delivered under this contract; or

(3) Other supplies for which the Contractor estimates that duty will exceed $300 per shipment into the customs territory of the United States.

(c) The Contractor shall—

(1) Claim duty-free entry only for supplies that the Contractor intends to deliver to the Government under this contract, either as end items or components of end items; and

(2) Pay duty on supplies, or any portion thereof, that are diverted to nongovernmental use, other than—

(i) Scrap or salvage; or

(ii) Competitive sale made, directed, or authorized by the Contracting Officer.

(d) Except as the Contractor may otherwise agree, the Government will execute duty-free entry certificates and will afford such assistance as appropriate to obtain the duty-free entry of supplies—

(1) For which no duty is included in the contract price in accordance with paragraph (b) of this clause; and

(2) For which shipping documents bear the notation specified in paragraph (e) of this clause.

(e) For foreign supplies for which the Government will issue duty-free entry certificates in accordance with this clause, shipping documents submitted to Customs shall—

(1) Consign the shipments to the appropriate—

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(i) Military department in care of the Contractor, including the Contractor's delivery address; or

(ii) Military installation; and

(2) Include the following information:

(i) Prime contract number and, if applicable, delivery order number.

(ii) Number of the subcontract for foreign supplies, if applicable.

(iii) Identification of the carrier.

(iv)(A) For direct shipments to a U.S. military installation, the notation: “UNITED STATES

GOVERNMENT, DEPARTMENT OF DEFENSE Duty-Free Entry to be claimed pursuant to Section XXII, Chapter 98, Subchapter VIII, Item 9808.00.30 of the Harmonized Tariff Schedule of the United States. Upon arrival of shipment at the appropriate port of entry, District Director of Customs, please release shipment under 19 CFR Part 142 and notify Commander, Defense Contract Management Agency (DCMA) New York, ATTN: Customs Team, DCMAE-GNTF, 201 Varick Street, Room 905C, New York, New York 10014, for execution of Customs Form 7501, 7501A, or 7506 and any required duty-free entry certificates.”

(B) If the shipment will be consigned to other than a military installation, e.g., a domestic contractor's plant, the shipping document notation shall be altered to include the name and address of the contractor, agent, or broker who will notify Commander, DCMA New York, for execution of the duty-free entry certificate. (If the shipment will be consigned to a contractor’s plant and no duty-free entry certificate is required due to a trade agreement, the Contractor shall claim duty-free entry under the applicable trade agreement and shall comply with the U.S. Customs Service requirements. No notification to Commander, DCMA New York, is required.)

(v) Gross weight in pounds (if freight is based on space tonnage, state cubic feet in addition to gross shipping weight).

(vi) Estimated value in U.S. dollars.

(vii) Activity address number of the contract administration office administering the prime contract, e.g., for DCMA Dayton, S3605A.

(f) Preparation of customs forms.

(1)(i) Except for shipments consigned to a military installation, the Contractor shall—

(A) Prepare any customs forms required for the entry of foreign supplies into the customs territory of the United States in connection with this contract; and

(B) Submit the completed customs forms to the District Director of Customs, with a copy to

DCMA NY for execution of any required duty-free entry certificates.

(ii) Shipments consigned directly to a military installation will be released in accordance with sections

10.101 and 10.102 of the U.S. Customs regulations.

(2) For shipments containing both supplies that are to be accorded duty-free entry and supplies that are not, the Contractor shall identify on the customs forms those items that are eligible for duty-free entry.

(g) The Contractor shall—

(1) Prepare (if the Contractor is a foreign supplier), or shall instruct the foreign supplier to prepare, a sufficient number of copies of the bill of lading (or other shipping document) so that at least two of the copies accompanying the shipment will be available for use by the District Director of Customs at the port of entry;

(2) Consign the shipment as specified in paragraph (e) of this clause; and

(3) Mark on the exterior of all packages—

(i) “UNITED STATES GOVERNMENT, DEPARTMENT OF DEFENSE”; and

(ii) The activity address number of the contract administration office administering the prime contract.

(h) The Contractor shall notify the Administrative Contracting Officer (ACO) in writing of any purchase of eligible products or qualifying country supplies to be accorded duty-free entry, that are to be imported into the customs territory of the United States for delivery to the Government or for incorporation in end items to be delivered to the Government. The Contractor shall furnish the notice to the ACO immediately upon award to the supplier and shall include in the notice—

(1) The Contractor’s name, address, and Commercial and Government Entity (CAGE) code;

(2) Prime contract number and, if applicable, delivery order number;

(3) Total dollar value of the prime contract or delivery order;

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(4) Date of the last scheduled delivery under the prime contract or delivery order;

(5) Foreign supplier's name and address;

(6) Number of the subcontract for foreign…