SP4510-19-Q-1006_Provision_and_Clause_list_FINAL.docx

SP4510-19-Q-1006 Salutation Provision and Clauses

A. The provision at FAR 52.212-1 (Instructions to Offerors -- Commercial) applies to this procurement. B. The provision at FAR 52.212-2 (Evaluation -- Commercial Items) applies to this procurement (with evaluation consisting of award to the responsible contractor whose offer conforms to the solicitation and offers the lowest total price after a pass/fail evaluation of the firm’s technical submittal vs. the equipment specifications/additional terms including required training. See the instructions to follow for submittal requirements.

A. In accordance with FAR 52.212-3 (Offerors Representations and Certifications -- Commercial Items) the contractor shall ensure that the contractor has completed the annual representations and certifications on SAM.gov.

BD. FAR 52.212-4 (Contract Terms and Conditions -- Commercial Items) applies to this procurement.

CE. FAR 52.212-5 (Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items) applies to this procurement.

52.222-50, Combatting Trafficking in Persons (JAN 2019);

52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006);

52.204-10, Reporting Executive Compensation and First - Tier Subcontract Awards (OCT 2018);

52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (OCT 2015) Proposed for Debarment (Dec 2010);

52.209-10, Reporting Executive Compensation and First Tier Subcontract Awards (NOV 2015);

52.219-6 Notice of Total business Set-Aside (Deviation 2019-O0003) 52.219-7 Limitations on Subcontracting (Deviation 2019-O0003) 52.219- 27, Notice of Total Service-Disabled Veteran-Owned Small Business Set -Aside ( DEVIATION 2019-O0003) 52.222-3, Convict Labor (June 2003);

52.222-19, Child Labor - Cooperation with Authorities and Remedies (JAN 2018);

52.222-21, Prohibition of Segregated Facilitates (APR 2015);

52.222-26, Equal Opportunity (SEP 2016);

52.222-35, Equal Opportunity for Veterans (OCT 2015);

52.222-36, Affirmative Action for Handicapped Workers (JUL 2014);

52.222-37, Employment Reports on Veterans (Feb 2016);

52.223-18, Encouraging Contractor Policy to Ban Text Messages While Driving (Aug 2011);

52.232-33, Payment by Electronic Fund Transfer-Central Contractor Registration (OCT 2018);

52.237-2, Protection of Government Buildings, Equipment, and Vegetation

The following additional FAR clauses apply to this procurement:

52.203-3, Gratuities (Apr 1984) 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-9, Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-19 – Incorporation by Reference of Representations and Certifications 52.216-19, Order Limitations (A minimum order amount of one equipment line item is required, and a maximum order of 400% of the initial order’s requirements, with the full text of this clause to be included in the anticipated bilateral award)* 52.216-22, Indefinite Quantity (Fill-in is 60 months from contract award) 52.217-09, Option to Extend the Term of the Contract (fill-ins are 15 calendar day notice provided there is a 30 calendar preliminary notice, with overall contract duration maximum of 5 years) 52.219-6 – Notice of Total Small Business Set-Aside. (Deviation 2019-O0003) 52.232-17, Interest (Oct 2010) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013) 52.233-3 -- Protest After Award 52.233-4 -- Applicable Law for Breach of Contract Claim 52.242-13, Bankruptcy (Jul 1995) 52.247-34, FOB Destination

* Minimum/maximums for the base period and each option period of the contract itself are (any) one equipment line item, and a maximum value of 200% above the total estimated value for the period.

The following DFARS clauses apply to this procurement:

252.203-7000, Requirements Relating to Compensation of Former DoD Officials (Sep 2011) 252.203-7002, Requirement to Inform Employees of Whistleblower Rights (Sep 2013) 252.203-7005, Representation Relating to Compensation of Former DoD Officials (Nov 2011) 252.204-7012 Safeguarding of Unclassified Controlled Technical Information (Nov 2013) 52.204-9000 Contractor Personnel Security Requirements (Aug 2014) (DLAD Clause) 252.209-7001, Disclosure of Ownership or Control by the Government of a Terrorist Country (Jan 2009) 252.211-7003, Item Unique Identification and Valuation 252.216-7006, Ordering (fill-in is through each 12-month period, subject to option exercise(s)) 252.225-7000, BUY AMERICAN—BALANCE OF PAYMENTS PROGRAM CERTIFICATE—BASIC (NOV 2014) (Firm(s) eligible for award after evaluations will be required to complete the certificate content)

252.225-7001, BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM—BASIC (DEC 2016)

252.225-7002, QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 2016)

252.225-7013, DUTY-FREE ENTRY (MAY 2016)

252.225-7048, Export-Controlled Items (Jun 2013) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (Mar 2008) 252.232-7006, Wide Area WorkFlow Payment Instructions (May 2013) (By reference, full text provided in bilateral award) 252.243-7001, Pricing of Contract Modifications (Dec 1991) 252.243-7002, Requests for Equitable Adjustment 252.244-7000, Subcontracts for Commercial Items (Jun 2013)

Clauses by Full Text:

52.219-28 Post-Award Small Business Program Post-Award Small Business Program Rerepresentation (Jul 2013)

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

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

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

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

(3) For long-term contracts—

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

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

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

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

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

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

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

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code ______________ assigned to contract number ______________.[Contractor to sign and date and insert authorized signer's name and title].

(End of clause) 52.252-1 Solicitation Provisions Incorporated by Reference Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://farsite.hill.af.mil/

52.252-2 Clauses Incorporated by Reference 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):

http://farsite.hill.af.mil/ (End of Clause)

252.232-7006 -- Wide Area WorkFlow Payment Instructions

As prescribed in 232.7004(b), use the following clause:

(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).

COMBO

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

· Not Applicable-Multiple Locations

(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*

Ship From Code

Mark For Code

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

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.

Timothy.Zweng@dla.mil

(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.

Karen.Lewis@dla.mil

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

(End of clause)