SP4702-24-Q-0046 RFQ1.pdf
PDF 2 MB Posted
- Attached to
- Personal Protective Equipment and Cleaning Service Federal contract opportunity
- Solicitation number
- SP4702-24-Q-0046
- Issued by
- Defense Logistics Agency
About this file
This document is a Request for Quotation (RFQ) for the acquisition of Arc Flash Personal Protective Equipment (PPE) rental/initial purchase and cleaning services for 13 employees of the Defense Logistics Agency (DLA) Installation Services, Defense Supply Center - Columbus (DSCC).
The key details are: the contractor shall provide the required PPE and cleaning services, the solicitation number is SP4702-24-Q-0046, the place of performance is the DSCC facility in Columbus, Ohio, the response due date is not specified, and the award will be made to the contractor offering the most advantageous quote. The document also includes details on payment terms, contractor qualifications, and government property management requirements.
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SP4702-24-Q-0046
SP4702-24-Q-0046 1 of 50
ARC FLASH PERSONAL PROTECTIVE EQUIPMENT
SECTION A
CONTRACT INFORMATION
Description: CSC- 24304 – Personal Protective Equipment (PPE)
PR: 7007073561,
Customer: DLA Installation Management – Columbus Ohio Period of Performance: One (1) base year and four (4) option years.
PSC # W084 Material Code # V00007827 Full and Open Competition NAICS Code: 532310 Firm-Fixed-Price Acquisition
Delivery of services:
DLA Land and Maritime 3990 East Broad Street Columbus Ohio 43218
GENERAL INFORMATION
The scope of this contract is to launder all PPE clothing at a location that is not on Government property. The contractor shall be prohibited from transporting or using any detergent, solvent, decarbonizer or other cleaning agent that possesses flammable, combustible or explosive characteristics on government premises All work shall be accomplished in accordance with the Performance Work Statement (PWS).
a. This is a non-personal service contract.
b. Period of Performance: Base year plus, Option year one (1), two (2), three (3) and four
(4) included in this contract but will not be exercise at the time of award.
c. Quotes are required to be received by August 19th, 2024, at 3:00PM Eastern Standard Time. Note: the e-mail address for submission of quotes is Becky.Hard@dla.mil and CC Mitchell.Hatfield@dla.mil
d. Include a completed copy of the provision at 52.212-3, Offeror Representations and Certification – Commercial Products and Commercial Services, with it’s offer.
e. Award without discussions – The government intends to evaluate quotes and make award without discussions. Quotes should contain the vendor’s best terms within the proposed technical and business approach, to include all evaluation factors. Additionally, the government reserves the right to conduct discussions and request revisions to quotes if it is determined to be in the government’s best interest to do so.
SP4702-24-Q-0046 2 of 50
SP4702-24-Q-0046 2 of 50
f. NO AWARD - The Government reserves the right to not make an award because of this RFQ if such award is determined contrary to the best interest of the Government.
g. QUOTE PREPARATION COSTS - The Government shall not be responsible or liable for any costs incurred by any parties in the preparation and submission of any technical or price volumes in response to this RFP.
h. SUBMISSION OF QUESTIONS - Should the vendor have any questions with regards to the RFP, they should submit them, via e- mail, to Becky Hard at Becky.Hard@dla.mil and Copy Mitchell Hatfield at Mitchell.Hatfield@dla.mil. All questions must be received by August 14th, 2024, at 3:00 pm eastern standard time, after which the period for responding to questions shall have closed.
Lowest Price Technically Acceptable:
The Government shall evaluate quotes and any eventual award to the responsible offeror whose quote is determined to be the Lowest Price Technically Acceptable (LPTA).
SERVICE CONTRACTOR REPORT (SCR), FAR 52.204-14: is not applicable as this award is not expected to exceed the threshold specified in FAR 4.1703
Common Access Card: The Awardee shall not need access to Common Access Cards (CACs) in order to perform. (DLAM 1000.13) is inapplicable to this requirement.
IT IS THE RESPONSIBILITY OF THE VENDOR TO BECOME KNOWLEDGEABLE
IN THE SUBMISSION OF THE INVOICE INTO THE WIDE AREA WORKFLOW
(WAWF)_
ASSISTANCE IN SUBMITTING DOCUMENTS/INVOICES INTO THE WIDE AREA
WORKFLOW (WAWF)
If you need instruction on how to submit an invoice to the Government in WAWF, follow the below instructions. It is not necessary to log into WAWF to access the training.
1. Click on the Help/Training folder located on the top right hand corner WAWF home page.
https://wawf.eb.mil/xhtml/unauth/home/login.xhtml#
2. Go to Training
3. Click on Web based Training
4. Click on iRAPT
5. Go to Roles and click on vendor
6. Click Vendor creating documents in iRAPT
7. Under Document, Scroll down through the documents list and selected the document you wish to learn about. In this case the document you should select is The 2-1 invoice. You find both a video and step by step instructions on how to complete any the form and be able to submit your invoice into WAWF.
After reviewing this information and you are still having problems, you can call the Defense
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SP4702-24-Q-0046 3 of 50
Finance and Accounting Services (DFAS) Help Desk at 1-800-756-4571 Prompt 2. Their hours of operation are between 7:30 AM to 4:30 PM; Monday to Friday Eastern Standard Time.
Assistance may also be available to assist in the submission of the invoice by contacting the Procurement Technical Assistance Center (PTAC) office located in your State. There is an office for your county. Their website for further information is:
http://www.dla.mil/HQ/SmallBusiness/PTAC.aspx#DDL_Lines
This is a 2-1 invoice.
Government Point of Contact Information:
Contracting Officer:
Becky Hard Becky.Hard@dla.mil 614-813-9679
Contract Officer Representative:
Sinan Falah Sinan.falah@dla.mil 614-692-8136
SP4702-24-Q-0046 4 of 50
SP4702-24-Q-0046 4 of 50
Section B
DESCRIPTION OF SERVICE PURCHASE: The contractor shall provide Arc Flash Personal Protective Equipment (PPE) rental/or initial purchase and cleaning services for 13 employees of the Defense Logistics
Agency (DLA) Installation Services, Defense Supply Center - Columbus (DSCC) 3990 E. Broad St.
Columbus, Ohio 43216
TERM OF CONTRACT The period of performance will be 365 days from date of the award. The period of performance is to be for one (1) year, with four (4) one (1) year option periods.
Instructions: Please fill in the below chart and the broken-out cost associated in the Item Descriptions below.
Note: Not to Exceed (NTE) Miscellaneous funds are Fixed Values.
CLIN BID SHEET
Cost per Person per month
No.
Persons
No.
Months
Total Cost (Yr)
0001 Base Year $ 13 12 $
0002 NTE MISC FUNDS $ $60,000
1001 Option Year 2 $ 13 12 $
NTE MISC FUNDS
$ $30,000
Option Year 3 $ 13 12 $
2002 NET MISC FUNDS
$ $30,000
Option Year 4 $ 13 12 $
3002 NTE MISC FUNDS
$ $30,000
Option Year 5 $ 13 12 $
4002 NTE: MISC FUNDS
$ $30,000
Total (5yr) $
CLIN 0001 Description: Base Year, Period of Performance: 365 days from the date of award.
Arc Flash Personal Protective Equipment (PPE) and cleaning services for 13 employees. This includes a one-time PPE purchase of the requested items to the Government.
Initial Cost of PPE: $ ____ Individual weekly Cleaning Cost: $_____ Weekly Cleaning Cost for 13 individuals: $____ Monthly Cleaning Cost for 13 Individuals: $ _____ Total cost for Base Year – PPE cost and total cleaning service: $ ________
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SP4702-24-Q-0046 5 of 50
CLIN 0002 Description: Miscellaneous, Period of Performance: 365 days from the date of award.
Misc. funds are to be utilized when an employee is hired, clothing wears out, or changes clothing sizes.
CLIN 1001 Description: Option Year 1 Arc Flash Personal Protective Equipment (PPE) and cleaning services for 13 employees.
Individual weekly Cleaning Cost: $_____ Weekly Cleaning Cost for 13 individuals: $____ Monthly Cleaning Cost for 13 Individuals: $ _____
CLIN 1002 Description: Option Year 1 – Miscellaneous Misc. funds are to be utilized when an employee is hired, clothing wears out, or changes clothing sizes.
CLIN 2001 Description: Option Year 2 Arc Flash Personal Protective Equipment (PPE) and cleaning services for 13 employees.
Individual weekly Cleaning Cost: $_____ Weekly Cleaning Cost for 13 individuals: $____ Monthly Cleaning Cost for 13 Individuals: $ _____
CLIN 2002 Description: Option Year 2 - Miscellaneous Misc. funds are to be utilized when an employee is hired, clothing wears out, or changes clothing sizes.
CLIN 3001 Description: Option Year 3 Arc Flash Personal Protective Equipment (PPE) and cleaning services for 13 employees.
Individual weekly Cleaning Cost: $_____ Weekly Cleaning Cost for 13 individuals: $____ Monthly Cleaning Cost for 13 Individuals: $ _____
CLIN 3002 Description: Option Year 3 - Miscellaneous Misc. funds are to be utilized when an employee is hired, clothing wears out, or changes clothing sizes.
CLIN 4001 Description: Option Year 4 Arc Flash Personal Protective Equipment (PPE) and cleaning services for 13 employees.
Individual weekly Cleaning Cost: $_____ Weekly Cleaning Cost for 13 individuals: $____ Monthly Cleaning Cost for 13 Individuals: $ _____
CLIN 4002 Description: Option Year 4 - Miscellaneous Misc. funds are to be utilized when an employee is hired, clothing wears out, or changes clothing sizes.
SP4702-24-Q-0046 6 of 50
SP4702-24-Q-0046 6 of 50
Section C Performance Work Statement
GENERAL:
1.1.1 Scope: The contractor shall provide PPE clothing rental and cleaning services for 13 employees at DSCC. Building 308 shall be the pickup and drop off points.
1.2 PROHIBITED:
1.2.1 Contractor shall launder all PPE clothing at a location that is not on Government property. The contractor shall be prohibited from transporting or using any detergent, solvent, decarbonizer or other cleaning agent that possesses flammable, combustible or explosive characteristics on government premises.
1.3 ELECTRICAL MAINTENANCE PERSONNEL:
The contractor shall provide rental and cleaning of a minimum 8cal Arc Rated PPE for 13 employees. Each employee shall receive 11 pants, 11 long sleeve shirts. The total number of pants is 143, long sleeve shirts is 143, and 13 cold weather jackets.
We intend to use the current set of PPE clothing for the duration of the contract which is 1 initial year and four optional years as funding becomes available.
1.4 SHIRTS & PANTS
1. All shirts, pants, and jackets shall be the following type with options to each employee for personal preference. The contractor may submit alternate brands/styles of clothing, but they shall be equivalent to the selections below. If you submit an alternate, you shall do so before bids are due so that the Government may review and approve/reject the alternate submitted.
Shirt brands and part numbers:
Carhartt FR 294, 347,297 Bulwark FR SLW2, SEL2, SEL4, SML2 *** Or equivalent submitted for approval prior to bids due.
Pants brands and numbers:
Carhartt FR 344, 371, 280, 290 Bulwark FR PEJ8, PEJ6, PEJ2, PEJ4, PEJM, PTJM *** Or equivalent submitted for approval prior to bids due.
Jackets:
Carhartt Bulwark SMH6, SMH2, SEH8NV, SEH4, SMZ6NV, 61356, 64356 *** Or equivalent submitted for approval prior to bids due.
2. All shirts shall be marked on the inside of the collar with the employee’s first and last name.
3. Long sleeve shirts shall be with options of style, fit, color, and with a minimum 8cal protection value, or approved equal.
4. Pants shall be denim, with options of style, fit, color, and with a minimum 8cal protection value, or approved equal.
SP4702-24-Q-0046 7 of 50
SP4702-24-Q-0046 7 of 50
a. GENERAL EXECUTION:
i. The contractor shall provide an initial fitting session for each employee.
ii. The contractor shall deliver and pick-up PPE clothing on a weekly basis.
iii. All PPE shall be laundered prior to return delivery.
iv. PPE shall be delivered hung on a hanger in a presentable, wrinkle free state.
v. PPE that requires repair or replacement shall be brought to the Government representative’s (COR) attention.
QUALITY ASSURANCE PLAN
DF-FCIE FACILITY ENGINEERING SERVICES BRANCH
1.0 After Award Phase:
1.1 The contracting officer’s representative (COR) will review and /or approve the contractor’s quality control plan and safety plan.
1.2 Review project drawings and PWS and note items of potential concerns.
1.3 Arrange a face-to-face meeting to discuss areas of specific concern and inform contractor of areas requiring specific approval prior to follow up work.
1.4. Inform contractor of contractor badge process, submit contractor badge forms as necessary.
1.5 Inform contractor of procedures to register in Wide Area Work Flow (WAWF) on-line invoicing system.
2.0 Work Phase:
2.1 The COR will inspect the contractor’s work.
2.2 The COR will insure all work is performed according the contract drawing and/or specifications.
2.3 The COR will verbally or written inform the contactor of any minor quality issues.
2.4 The COR will document in writing any significant deficiencies discovered during the inspections. The contractor will be immediately notified of any deficiencies. The Contracting Officer will be notified of any major deficiencies. All deficiencies will be re-inspected the same day or at the latest the next work day.
2.6 The COR will perform random inspections of equipment and materials as necessary to assure contract compliance.
2.7 The COR will review all contractor reports.
2.7 Review each contract invoice to insure they include no deficient work.
2.8 The COR will communicate with contractor’s field supervisor and quality control representative on a daily basis or as required.
2.9 Schedule face-to-face meetings with the contractor and Contracting Officer as needed to discuss the contractor’s performance.
3.0 Review and validate contractor invoices.
3.0 End of Contract Phase:
3.1 Confirm receipt of Government furnished keys and contractor badges.
SP4702-24-Q-0046 8 of 50
SP4702-24-Q-0046 8 of 50
SECTION G - CONTRACT ADMINISTRATION DATA
252.232-7006 Wide Area WorkFlow Payment Instructions.
As prescribed in 232.7004 (b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(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.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (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.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) 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 shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items—
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer Representative.
____________________________Sinan Falah 614-692-8136______________________ (Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
______________Invoice 2in1______________________________________________ (Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
SP4702-24-Q-0046 9 of 50
SP4702-24-Q-0046 9 of 50
[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]
(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 SP4702 Admin DoDAAC SP4702 Inspect By DoDAAC NA Ship To Code SC0707 Ship From Code NA Mark For Code NA Service Approver (DoDAAC)
NA
Service Acceptor (DoDAAC)
SC0707
Accept at Other DoDAAC SC0707 LPO DoDAAC NA DCAA Auditor DoDAAC NA Other DoDAAC(s) NA
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”) (**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(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.
__________Sinan Falah 614-692-8136________________________ (Contracting Officer: Insert applicable information or “Not applicable.”)
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
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SP4702-24-Q-0046 10 of 50
SECTION I - CONTRACT
CLAUSES
CLAUSES BY REFERENCE
CLAUSE # TITLE DATE
52.204-07 SYSTEM FOR AWARD MANAGEMENT Jul-13 52.204-13 SAM MAINTENANCE Jul-13
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE
REPORTING Nov-14
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY (CAGE)
MAINTENANCE Nov-14
52.204-19 INCORPORATION BY REFERENCE OF REPS & CERTS Dec-14
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC
CORPORATIONS Nov-15
52.215-08 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT Oct-97 52.222-03 CONVICT LABOR Jun-03 52.227-01 AUTHORIZATION AND CONSENT Dec-07
52.227-02 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT
INFRINGEMENT Dec-07
52.232-01 PAYMENTS Apr-84 52.232-08 DISCOUNTS FOR PROMPT PAYMENTS Feb-02 52.232-11 EXTRAS Apr-84 52.232-25 PROMPT PAYMENT Jul-13
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR
AWARD MANAGEMENT Jul-13
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS Jun-13 52.233-01 DISPUTES May-14 52.233-03 PROTEST AFTER AWARD Aug-96 52.233-04 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM Oct-04
52.233-9001 DISPUTES: AGREEMENT TO USE ALTERNATIVE DISPUTE
RESOLUTION Nov-11
52.244-06 SUBCONTRACTS FOR COMMERCIAL ITEMS Feb-16 52.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES Jun-13
52.249-01 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED
PRICE) (SHORT FORM) Apr-84
52.252-06 AUTHORIZED DEVIATIONS IN CLAUSES Apr-84
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DoD OFFICIALS Sep-11
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER
RIGHTS Jan-13
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT Apr-92 252.204-7004 ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT Feb-14 252.204-7012 Safeguarding of Unclassified Controlled Technical Information Nov-13 252.225-7041 CORRESPONDENCE IN ENGLISH LANGAUGE Jun-97 252.232-7010 LEVIES ON CONTRACT PAYMENTS Dec-06 252.243-7001 PRICING OF CONTRACT MODIFICATION Dec-91
SP4702-24-Q-0046 11 of 50
SP4702-24-Q-0046 11 of 50
252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES Jun-13 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA Apr-14
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services.
As prescribed in 12.301(b)(4), insert the following clause:
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)
(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 products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 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 products and commercial services:
[Contracting Officer check as appropriate.]
__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).
_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509)).
_X_ (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.)
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_X_ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
X__ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (6) [Reserved].
_X_ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).
__ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L. 115– 390, title II).
__ (11)
(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).
__ (ii) Alternate I (DEC 2023) of 52.204-30.
_X_ (12) 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).
_X_ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).
__ (14) [Reserved].
__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).
__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).
__ (17) [Reserved]
__ (18)
(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (MAR 2020) of 52.219-6.
__ (19)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (MAR 2020) of 52.219-7.
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__ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) ( 15 U.S.C. 637(d)(2) and (3)).
__ (21)
(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) ( 15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (NOV 2016) of 52.219-9.
__ (iii) Alternate II (NOV 2016) of 52.219-9.
__ (iv) Alternate III (JUN 2020) of 52.219-9.
__ (v) Alternate IV (SEP 2023) of 52.219-9.
__ (22)
(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) ( 15 U.S.C. 644(r)).
__ (ii) Alternate I (MAR 2020) of 52.219-13.
__ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).
__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).
__ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran- Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) ( 15 U.S.C. 657f).
__ (26)
(i) 52.219-28, Post Award Small Business Program Rerepresentation (FEB 2024) ( 15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (MAR 2020) of 52.219-28.
__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).
__ (28) 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 (OCT 2022) ( 15 U.S.C. 637(m)).
__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).
__ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).
_X_ (31) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).
_X_ (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (FEB 2024).
_X_ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
_X_ (34)
(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).
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__ (ii) Alternate I (FEB 1999) of 52.222-26.
_X_ (35)
(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).
__ (ii) Alternate I (JUL 2014) of 52.222-35.
_X_ (36)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).
__ (ii) Alternate I (JUL 2014) of 52.222-36.
_X_ (37) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).
_X_ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
X__ (39)
(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O.
13627).
_X_ (ii) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
__ (40) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ (41)
(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.)
__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) ( 42 U.S.C. 7671, et seq.).
__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) ( 42 U.S.C. 7671, et seq.).
__ (44) 52.223-20, Aerosols (MAY 2024) ( 42 U.S.C. 7671, et seq.).
__ (45) 52.223-21, Foams (MAY 2024) ( 42 U.S.C. 7671, et seq.).
__ (46) 52.223-23, Sustainable Products and Services (MAY 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
__ (47)
(i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (JAN 2017) of 52.224-3.
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__ (48)
(i) 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).
__ (ii) Alternate I (OCT 2022) of 52.225-1.
__ (49)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C.
3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I [Reserved].
__ (iii) Alternate II (DEC 2022) of 52.225-3.
__ (iv) Alternate III (FEB 2024) of 52.225-3.
__ (v) Alternate IV (Oct 2022) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__ (51) 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).
__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.
Subtitle A, Part V, Subpart G Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) ( 42 U.S.C. 5150).
_X_ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) ( E.O. 13513).
__ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
__ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).
__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).
__ (61) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).
__ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).
__ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)).
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__ (64)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (APR 2003) of 52.247-64.
__ (iii) Alternate II (NOV 2021) of 52.247-64.
(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 products and commercial services:
[Contracting Officer check as appropriate.]
_X_ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).
_X_ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 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).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67).
__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work
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SP4702-24-Q-0046 17 of 50 terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii)
(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).
(B) Alternate I (DEC 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(x) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).
(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).
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(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67).
(xvi)
(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xxii)
(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.217-6 Option for Increased Quantity.
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As prescribed in 17.208(d), insert a clause substantially the same as the following:
OPTION FOR INCREASED QUANTITY (MAR 1989)
The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within __________60_ days____. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.
(End of clause)
(End of Clause)
52.217-09 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
FAR
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days [60 days unless a different number of days is inserted] 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 5 YEARS AND 6 MONTHS.
(End of clause)
252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND
RECEIVING REPORTS (DEC 2018) DFARS
52.233-9001 DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE
RESOLUTION ( 2016) DLAD
(c) The offeror should check here to opt out of this clause:
[ ]. Alternate wording may be negotiated with the contracting officer.
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) FAR
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 maybe accessed electronically at this/these address(es): http://www.dla.mil/Acquisition and http://farsite.hill.af.mil/ .
(End of Clause)
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SECTION K - REPRESENTATIONS, CERTIFICATIONS AND STATEMENTS
52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.
As prescribed in 12.301(b)(2), insert the following provision:
OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES (MAY 2024)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision—
Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
Forced or indentured child labor means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
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Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended."Sensitive technology"—
SP4702-24-Q-0046 22 of 50
SP4702-24-Q-0046 22 of 50
Sensitive technology—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include…
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