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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 0055642158

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SP4702-15-Q-0036

5. SOLICITATION NUMBER

2015 MAY 28

6. SOLICITATION ISSUE

DATE

Ricardo Blanco Soto PMCMDD7

a. NAME

Phone: 614-692-5296

b. TELEPHONE NUMBER (No Collect calls)

2015 JUN 10

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SP4702

DLA CONTRACTING SVCS OFF COLUMBUS

ATTN DCSO-C

P O BOX 3990

COLUMBUS OH 43218-3990

USA

10. THIS ACQUISITION IS N/AUNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

515210NAICS:

$38,500,000.00SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

DO-C9

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

OFFER

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

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

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

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

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

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

33PAGE 1 OF

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

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

CORRECT FOR

37. CHECK NUMBER

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

42a. RECEIVED BY (Print)

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

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

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

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

CONTINUED ON NEXT PAGE

SERVICE CONTRACT

PR # 55642158

FR # 200033253

GL # 61002520

FOB & I/A: Destination.

Firm-Fixed-Price Contract.

Description: High Definition Quality Television Reception for Building 479 at Joint Base Pearl Harbor Hickam Hawaii.

Base Year (1) one with two (2) option years.

The total contract will not exceed three (3) years.

Type of Acquisition: Unrestricted Acquisition.

Period of Performance (new installation) shall be no later than 30 days from the date of award.

Period of Performance (programming services) shall be 12 months or 365 days from the date of award.

Full and Open Competition Acquisition After Exclusion of Sources (FAR 6.2).

Commercial Provisions are incorporated by reference per FAR 52.212-1, 52.212-2, 52.212-3, 52.212-4, AND 52.212-5.

Scope of Work Summary:

1. The Contractor will provide quality high definition reception for television news networks (e.g. MSNBC, Weather Channel, CNN, HLN, Fox News, CNBC, CSPAN).

2. Reception is required seven days a week, twenty-four hours a day.

3. The service provided up to seven (7) different locations on the second floor of Building 479 (FISC Area) Joint Base Pearl Harbor - Hickam.

4. No trenching allowed in the performance of this work.

5. Performance Standard: Continuous reception of high definition television with a response capability to correct any reception problems within 24 hours.

******************** WIDE AREA WORKFLOW ********************

Information for Wide Area Workflow (WAWF) Invoicing: Use 2 in 1 Type Invoice. To ensure timely payment the vendor should enter the required info in WAWF on the day the material ships from their facility.

Contractors/vendors not using WAWF will need to register for WAWF in order to gain access to the new myInvoice functionality.

Wide Area Workflow (WAWF) is a secure web based system for electronic invoicing, receipt, and acceptance.

WAWF allows government vendors to submit and track invoices and receipt/acceptance documents over the web and allows government personnel to process those invoices in a real-time, paperless environment.

WAWF is in accordance with the 2001 National Defense Authorization Act (DFARS 252.232-7003/252.232-7006 Electronic Submission of Payment Requests - January 2004) which requires claims for payment under a Department of Defense Contract to be submitted in electronic form.

As of March 03, 2008, DOD has issued a final rule amending the Defense Federal Acquisition Regulation supplement (DFARS) to require use of the Wide Area Workflow as the only acceptable electronic system for submitting requests for payment (invoices and receiving reports) under DOD contracts.

Createa combo type (receiving report and invoice) http://www.dla.mil/WideAreaWorkflow/Documents/VendorCombo.pdf

WAWF void/resubmit invoices http://www.dla.mil/WideAreaWorkflow/Documents/ResubmitVoid.pdf

PAGE 3 OF 33 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SP4702-15-Q-0036

Government credit card would not be utilized for this purchase request. All payments will be processed and submitted through WAWF "only".

DLA WAWF Assistance 703-767-1915 wawf@dla.mil

*************************** Additional Notes**********************

CONTRACTOR MUST BE REGISTERED IN THE SYSTEM FOR AWARD MANAGEMENT (SAM) BEFORE QUOTE SUBMISSION. CHECK THE FOLLOWING SAM WEBSITE LINK FOR REGISTRATION AND/OR SAM EXPIRATION DATE, WWW.SAM.GOV

The following provision is not applicable for this acquisition;

FAR 52.247-9012 REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL.

Contractors shall submit offers via email to: ricardo.blancosoto@dla.mil .

Evaluation Factors:

Contract award will be made to the responsible vendor that offers the lowest priced technically acceptable quote to the Government.

PAGE 4 OF 33 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS

BASE YEAR

CLIN

DESCRIPTION QTY

UNIT

OF

ISSUE

UNIT PRICE TOTAL

AMOUNT

0001 The contractor shall furnish all labor, equipment, materials, tools, and supplies for the installation of seven

(7) high definition television receivers to Building 479 at Joint Base Pearl Harbor Hickam, Hawaii. All work shall be in accordance with the Performance Work Statement (PWS) found on page 7 of this solicitation.

1.00 JO $ $

0001AA Monthly HD TV Programming Package Includes Four (4) HD Receivers.

12.00 MO $ $

0001AB Monthly HD TV Programming Package Including Three (3) Additional HD Receivers.

12.00 MO $ $

TOTAL DOLLAR VALUE FOR CLIN 0001 $_________________________

All work shall be in accordance with the Performance Work Statement (PWS) found on page 7 of this solicitation.

Period of Performance (new installation) shall be no later than 30 days from the date of award.

Period of Performance (programming services) shall be 12 months from the date of award.

Place of Performance:

DoDAAC# SA4723

JOINT BASE PEARL HARBOR HICKAM

1025 QUINCY AVENUE SUITE 2000

PEARL HARBOR, HI 96860

Main Point of Contact:

Buenaventura Miralles DLA Installation Support Pacific Joint Base Pearl Harbor Hickam 1025 Quincy Avenue Suite 2000 Pearl Harbor, HI 96860 Phone # 808-473-1515 Buenaventura.Miralles@dla.mil

Wide Area Workflow Point of Contact:

Buenaventura Miralles DLA Installation Support Pacific Joint Base Pearl Harbor Hickam 1025 Quincy Avenue Suite 2000 Pearl Harbor, HI 96860 Phone # 808-473-1515

PAGE 5 OF 33 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

Contracting Officer's Representative:

Buenaventura Miralles DLA Installation Support Pacific Joint Base Pearl Harbor Hickam 1025 Quincy Avenue Suite 2000 Pearl Harbor, HI 96860 Phone # 808-473-1515

OPTION YEAR ONE

ISSUE

UNIT PRICE TOTAL

AMOUNT

1001 Monthly HD TV Programming Package Includes Four (4) HD Receivers.

12.00 MO $ $

1001AA Monthly HD TV Programming Package Including Three (3) Additional HD Receivers

TOTAL DOLLAR VALUE FOR CLIN 1001 (Option Year One) $_________________________

OPTION YEAR TWO

ISSUE

UNIT PRICE TOTAL

AMOUNT

2001 Monthly HD TV Programming Package Includes Four (4) HD Receivers.

12.00 MO $ $

2001AA Monthly HD TV Programming Package Including Three (3) Additional HD Receivers

TOTAL DOLLAR VALUE FOR CLIN 2001 (Option Year Two) $_________________________

SECTION C - SPECIFICATIONS/SOW/SOO/ORD

PAGE 6 OF 33 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

PERFORMANCE WORK STATEMENT FOR

HIGH DEFINITION QUALITY TELEVISION RECEPTION

AT DEFENSE LOGISTICS AGENCY,

JOINT BASE PEARL HARBOR HICKAM HAWAII

BUILDING 479 –FISC AREA

PAGE 7 OF 33 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SECTION 1

INTRODUCTION

PROJECT NAME: HD TV Reception for Building 479- FISC Area

PROJECT REFERENCE NUMBER:

PREPARED BY: Randy Grant

CUSTOMER: DLA Installation Support Pacific

CONTACT’S NAME: Benny Miralles

CONTACT’S PHONE NUMBER: (808) 473-1515

DATE PREPARED: June 20, 2014

DATE REVISED: December 30, 2014

REQUIREMENT: Require continuous (24 hours – 7 days a week) high definition television reception (e.g.

MSNBC, Weather Channel, CNN, HLN, Fox News, CNBC, CSPAN) network’s coverage of natural disasters and emergencies for preparation and planning purposes of emerging operational requirements for DLA at building 479 Joint Base Pearl Harbor Hickam

SECTION 2

BACKGROUND

2.1 DLA Pacific Commander and DLA Energy Pacific Commander requested cable TV to support their mission to PACOM as well as to address requirements pertaining to supply, both fuel and non-fuel.

2.2 Having accessibility to Networks provided current events and knowledge of disasters (hurricane, tsunami, etc.,) within the Pacific AOR.

SECTION 3

SCOPE

PAGE 8 OF 33 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

3.1 The Contractor will provide quality high definition reception for television news networks (e.g. MSNBC, Weather Channel, CNN, HLN, Fox News, CNBC, CSPAN).

3.2 Reception is required seven days a week, twenty-four hours a day.

3.3 The service provided up to seven (7) different locations on the second floor of Building 479 (FISC Area) Joint Base Pearl Harbor - Hickam.

3.4 No trenching allowed in the performance of this work.

3.5 Performance Standard: Continuous reception of high definition television with a response capability to correct any reception problems within 24 hours.

SECTION 4

APPLICABLE DIRECTIVES

4.1 None

SECTION 5

PERFORMANCE REQUIREMENTS

5.1 Performance Objective:

5.1.1 This work shall include all necessary labor, equipment and supplies for installing and providing seven high definition television receivers to Building 479. No trenching allowed in the performance of this work.

Ensure that up to seven (7) identified locations receive connection points to connect HD televisions or monitors Provide continuous 24 hour service for reception

5.1.2 Provide required maintenance and service to all equipment that enables the television reception, except for government equipment monitors.

5.1.3 Contractor is required to meet all Joint Base Pearl Harbor Hickam Security requirements Obtain unescorted access to Joint Base Pearl Harbor Hickam All required security checks and requirements to gain Joint Base Pearl Harbor Hickam is the responsibility of the contractor Abide by all Security requirements for Defense Logistics Agency Installation Support, Pacific, Security Managers, concerning Building 479

5.2 Performance Standard:

5.2.1 Continuous reception of high definition television with a response capability to correct any reception problems within 24 hours.

SECTION 6

DELIVERABLES

PAGE 9 OF 33 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

6.1 Provide continuous 24-hour service for high definition television reception (e.g. MSNBC, Weather Channel, CNN, HLN, Fox News, CNBC, and CSPAN) to seven HD receivers located in Bldg 479.

6.2 Provide trouble service to fix or repair lost connectivity within 24 hours of service call.

6.3 Period of Performance is one calendar year (12 Months) from award of contract. The Government shall have the unilateral option of extending the term of this contract for two (2) consecutive additional periods of one (1) year each.

SECTION 7

MANAGEMENT

MANAGEMENT:

WORK SCHEDULE: The Contractor's work shall not interfere with normal Government business. In those cases where some interference is unavoidable, the Contractor shall minimize the impact and effects of the interference. Services performed more frequently than monthly shall be scheduled and accomplished during Government regular working hours, unless otherwise specified in subsequent sections of this PWS. The dates and times are subject to approval by the Contracting Officer or designee. Do not change or deviate from approved work schedules without the prior consent of the Contracting Officer or designee. Whenever services are scheduled on the date a holiday occurs in spaces that do not specifically require services on holidays, schedule such services on the following workday. Obtain the Contracting Officer or designee's approval for all unscheduled work. The Contractor shall notify the Contracting Officer or designee of any difficulty in scheduling work due to Government controls.

SECTION 8

PERSONNEL REQUIREMENTS

PERSONNEL REQUIREMENTS:

EMPLOYEE REQUIREMENTS: The Contractor shall provide experienced, qualified, and capable personnel to perform the work in this contract. Personnel shall be fully knowledgeable of all safety

PAGE 10 OF 33 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

and environmental requirements associated with the work they perform. Personnel shall speak, read, and comprehend English to the extent that they can read and understand printed regulations, detailed written orders, operating procedures, training instructions and materials.

EMPLOYEE APPEARANCE: The Contractor shall ensure that all employees present a professional appearance that is appropriate for their position. The Contracting Officer or designee reserves the right to determine the acceptability of any clothing worn. All Contractor/subcontractor employees working under this contract shall be identified by a distinctive nameplate, emblem, or patch attached in a prominent place on an outer garment. Employee identification shall not be substituted for station required passes or badges.

EMPLOYEE CONDUCT: Contractor employees shall conduct themselves in a proper, efficient, courteous, and businesslike manner.

REMOVAL OF EMPLOYEES: The Contractor shall remove from the site any individual whose continued employment is deemed by the Contracting Officer or designee to be contrary to the public interest or inconsistent with the best interests of National Security.

PROOF OF LEGAL RESIDENCY: No employee or representative of the Contractor will be admitted to the site of work unless satisfactory proof of citizenship is furnished, or, if an alien, legal residency within the United States is confirmed.

SECTION 9

GENERAL REQUIREMENTS

USE OF GOVERNMENT PREMISES:

PROTECTION FROM DAMAGE: The contractor shall take all the necessary precautions to protect Government equipment and property at the job site, and shall be responsible for any damage to the equipment and property that may occur because of his negligence in connection with the prosecution of the work performed. The Contractor at their expense shall repair damage to Government equipment or property.

SMOKING POLICY: Smoking is not permitted in any building at Joint Base Pearl Harbor Hickam.

Smoking is limited to designated outdoor areas.

NORMAL DUTY HOURS: Normal duty hours at Joint Base Pearl Harbor Hickam are from 0700 to 1600 hours Monday through Friday, except Federal holidays. Unless specifically stated elsewhere, all work shall be performed during normal duty hours.

SECTION 10

TECHNICAL PROVISIONS

TECHNICAL PROVISIONS

PAGE 11 OF 33 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SCOPE: The contractor shall provide all management, supervision, labor equipment, supplies and materials for providing and installing high definition television reception to Building 479 DLA areas. No trenching allowed with this work.

Ensure that up to seven (7) identified locations, on the second floor, receive connection points to connect HD televisions or monitors

Provide continuous 24 hour service for reception

Provide trouble service for lost connectivity within 24 hours of service call

Provide required maintenance/service to all equipment that enables the television reception, except for government equipment monitors.

Physical Security: Contractor is required to meet all Joint Base Pearl Harbor Hickam Security requirements

Obtain unescorted access to Joint Base Pearl Harbor Hickam

All contractors (including subcontractors) working on Joint Base Pearl Harbor Hickam installation must be issued a Contractor Badge by the Joint Base Pearl Harbor Hickam Installation Pass & ID Office located in Bldg. 3455, outside the Nimitz gate, prior to starting work on the Joint Base Pearl Harbor Hickam installation.

The Contracting Officer or designee will complete the Joint Base Pearl Harbor Hickam JBPHH/JB2 Form 0- 180, “Contractor Badge Request Form”, on behalf of contractor personnel. The Form is valid for 30 days.

New contract employees must provide the information to complete form 0-180. The Contractor shall verify the applicant is to be employed on this project. Every 30 days a new request must be submitted for badges.

Applications will only be processed between 0745 and 1500, Monday through Friday, excluding holidays observed by the Joint Base Pearl Harbor Hickam Hawaii. Once approved, the contractor can go the Joint Base Pearl Harbor Hickam Installation Pass/ID Office, Bldg. 3455, to get their badge. Foreign national contractor employees must be cleared and authorized through their respective country embassy and the Defense Intelligence Agency prior to entry on the installation.

The Government has implemented the optional use of the RapidGate Program.

http://eidpassport.com/products/government/rapidgate

All required security checks and requirements to gain Joint Base Pearl Harbor Hickam is the responsibility of the contractor

Abide by all Security requirements for Defense Logistics Agency Installation Support, Pacific, Security

Managers, concerning Building 479

To control unauthorized entry/penetration during the performance of this contract, the Contractor shall not prop doors open in secured facilities with controlled access. With the award of this contract, the Contractor accepts responsibility to protect the physical security of the building and prevent unauthorized entry, when prevention of such violation is under the Contractor’s control. A Security Pre-Brief of the Contractors responsibility will be provided upon contract award.

PAGE 12 OF 33 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

BUILDING ACCESS/KEY CONTROL:

The contractor will be provided access to all areas requiring services.

DESCRIPTION OF WORK:

Concept of Operations: The contractor shall provide all management, supervision, labor equipment, supplies and materials for providing and installing high definition television reception to Building 479. The Contractor shall accomplish all installation requirements and the monthly service of supplying the high definition television reception to meet the requirements of this Performance Work Statement (PWS).

SPECIAL REQUIREMENT: Building 479 (FISC Area) of Joint Base Pearl Harbor Hickam is classified as a historical facility. So all appropriate considerations for work on the exterior to the historical facility must be appropriately coordinated and approved before any exterior facility work can be accomplished. No trenching work allowed under this project.

PAGE 13 OF 33 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SECTION 11

Quality Assurance Surveillance Plan

PERFORMANCE REVIEW

Below are the Quality Assurance Surveillance Plan that will be used in evaluating performance on a monthly basis and in determining the amount of payment owed to the vendor.

Performance standards and ratings are designed to determine if performance exceeds, meets, or does not meet a given metric and acceptable quality level. A rating scale shall be used to determine a positive, neutral, or negative outcome. The following ratings shall be used:

Acceptable – Meets or exceeds contract requirements in terms of timeliness and quality. COR will make a determination to pay the contract 100% of the monthly invoice amount.

Unacceptable – Performance has been at a Minimally Acceptable, more than 3 reportable incidents, for more than one month or at a level where the Contracting Officer has had to issue one or more cure notices regarding performance.

Payment for the month will be withheld pending resolution of cure notice(s). Upon satisfactory resolution of issues related to the cure notice(s), payment for the month in question may be made. If issues are not resolved, No payment will be made. Termination for default or cause will be considered if the performance is not improved.

The COR. will rate the performance each month. These findings will be the basis for the amount paid for that month. The ratings, as described in the table above, will be based on the performance of the contractor on the timeliness and quality of the services provided using the numeric ratings for each criterion as shown below.

Timeliness Acceptable Meets or exceeds contract requirements in terms of timeliness of delivery.

Unacceptable Timeliness has been at a level of Minimally Acceptable, more than 3 reportable incidents, for more than one month or where one or more cure notices have been issued by the Contracting Officer.

Quality

Acceptable Meets or exceeds contract requirements in terms of quality of work performed.

Unacceptable Quality of performance has been at a level of Minimally Acceptable, more than 3 reportable incidents, for more than one month or where the Contracting Officer has issued one or more cure notices.

SECTION D - PACKAGING AND MARKING

52.247-9012 REQUIREMENTS FOR TREATMENT OF WOOD PACKAGING MATERIAL (WPM) (FEB 2007) DLAD

PAGE 14 OF 33 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

SECTION E - INSPECTION AND ACCEPTANCE

52.246-04 INSPECTION OF SERVICES - FIXED PRICE (AUG 1996) FAR

252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008) DFARS

52.246-9007 INSPECTION AND ACCEPTANCE AT DESTINATION (AUG 2007) DLAD

52.246-9019 MATERIAL AND INSPECTION REPORT (APR 2008) DLAD

SECTION F - DELIVERIES OR PERFORMANCE

52.242-15 STOP-WORK ORDER (AUG 1989) FAR

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR

52.247-34 F.O.B. DESTINATION (NOV 1991) FAR

SECTION G - CONTRACT ADMINISTRATION DATA

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

(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 Central Contractor Registration 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 or Payweb

(1) To access PayWeb, the vendor may go to the following site: https://onronline.onr.navy.mil/payweb/

(2) For instructions on PayWeb payment request submission, please contact the office identified below:

(Contracting Officer: Insert applicable ONR Regional Office information)]

(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).

Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

PAGE 15 OF 33 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

https://onronline.onr.navy.mil/payweb/

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

(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

Issue By DoDAAC

Admin DoDAAC

Inspect By DoDAAC

Ship To Code

Ship From Code

Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC)

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

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

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

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

(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.

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

(End of clause)

SECTION H - SPECIAL CONTRACT REQUIREMENTS

252.223-7001 HAZARD WARNING LABELS (DEC 1991) DFARS

(c) The Offeror shall list which hazardous material listed in the Hazardous Material Identification and Material Safety Data clause of this contract will be labelled in accordance with one of the Acts in paragraphs (b)(1) through (5) of this clause inste ad of the Hazard Communication Standard. Any hazardous material not listed will be interpreted to mean that a label is required in accordance with the Hazard Communic ation Standard.

MATERIAL (If None, Insert “None”) ACT

PAGE 16 OF 33 PAGESCONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

52.246-9039 REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED SUPPLIES (NOV 2011) DLAD

(a) The Contractor shall remove or obliterate from a rejected end item and its packing and packaging, any marking, symbol, or other representation that the end item or any part of it has been produced or manufactured for the United States Government. Removal or obliteration shall be accomplished prior to any donation, sale, or disposal in commercial channels. The Contractor, in making disposition in commercial channels of rejected supplies, is responsible for compliance with requirements of the Federal Trade Commission Act (15 United States Code (U.S.C.) 45 et seq.) and the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.), as well as other Federal or State laws and regulations promulgated pursuant thereto.

(b) Unless otherwise authorized by the Contracting Officer, the Contractor is responsible for removal or obliteration of government identifications within 72 hours of rejection of nonconforming supplies including supplies manufactured for the Government but not offered or supplies transferred from the Government's account to the cold storage Contractor's account at origin or destination. (For product rejected at destination and returned to the Contractor's plant, the 72 hour period starts with the time of Contractor receipt of returned product). After removal or obliteration is accomplished and prior to disposition, the Contractor must notify the Government inspector.

(End of Clause)

SECTION I - CONTRACT CLAUSES

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013) FAR

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS

252.204-7004 ALTERNATE A, SYSTEM FOR AWRD MANAGEMENT (FEB 2014) DFARS

252.204-7012 SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION (NOV 2013) DFARS

52.211-05 MATERIAL REQUIREMENTS (AUG 2000) FAR

252.211-7003 ITEM IDENTIFICATION AND VALUATION (DEC 2013) DFARS

(1) The Contractor shall provide a unique item identifier for the following:

(i) All delivered items for which the Government’s unit acquisition cost is $5,000 or more.

(ii) The following items for which the Government’s unit acquisition cost is less than $5,000:

Contract Line, Subline, or Exhibit Line Item Number / Item Description

(iii) Subassemblies, components, and parts embedded within delivered items as specified in Attachment Number .

52.211-9002 PRIORITY RATING (NOV 2011) DLAD

52.212-04 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (MAY 2014) FAR

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights --

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

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(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include --

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer— System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

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(2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

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(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C.

2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System for Award Management (SAM).

(1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)

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(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to:

(A) Change the name in the SAM database;

(B) Comply with the requirements of Subpart 42.12 of the FAR;

(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims).

Assignees shall be separately registered in the SAM database. Information provided to the Contractor’s SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov .

(u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(1) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(End of Clause)

52.212-05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS -

COMMERCIAL ITEMS (JAN 2014) FAR

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

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

[ ] Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L.108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the…

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