SP470624Q0012.pdf
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- Solicitation number
- SP470624Q0012
- Issued by
-
Defense Logistics Agency
About this file
This document is a solicitation (SF1449) for a brand name requirement for calibration and repair services on Keysight test equipment for the Defense Logistics Agency (DLA). The contractor shall provide all necessary personnel, equipment, tools, and services to perform calibration and repair on the specific Keysight instruments listed in Attachment 1. This is a sole source award for Keysight Technologies, Inc. as the original equipment manufacturer. The period of performance is one base year plus two option years. Pricing is firm-fixed price, and the place of performance is at the contractor's facility. Quotes are due by 12:00 PM EST on the date specified, and must be emailed to the point of contact. The contractor will be required to coordinate scheduling of services with the government representatives identified.
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| Tab 3 PWS_Keysight_Serv_Cntrct.pdf | ||
| Tab 4 PWS_Att_1_Keysight_Serv_Cntrct.pdf |
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 7006832608
1. REQUISITION NUMBER
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER
SP4706-24-Q-0012
5. SOLICITATION NUMBER
2024 APR 11
6. SOLICITATION ISSUE
DATE
Adam STEELE DAS0202
a. NAME
Phone: DSN312-850-12
b. TELEPHONE NUMBER (No Collect calls)
2024 APR 22
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY CODE SP4706
DCSO-COLUMBUS-DIVISION-2
POST OFFICE BOX 3990
COLUMBUS OH 43218
USA
10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
8 (A)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
811210NAICS:
SIZE STANDARD:
11. DELIVERYFOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/ CODE
OFFEROR
FACILITY
CODE
TELEPHONE NO.
18a. PAYMENT WILL BE MADE BY CODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
See Schedule
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF. OFFER
DATED . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED
SEE SCHEDULE
7. FOR SOLICITATION
INFORMATION CALL:
SEE SCHEDULE
12:00 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)
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
CONTINUED ON NEXT PAGE
PAGE 3 OF 30 PAGES
SP4706-24-Q-0012
SECTION B
SUPPLIES/SERVICES: J066-V00014583
ITEM DESCRIPTION:
Calibration and Repair Services
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .
0001 J066-V00014583 1.000 JB $ ________________ $ ________________
Instruments and Laboratory Equipment
PRICING TERMS: Firm Fixed Price
PREP FOR DELIVERY:
See Attached Statement of Work.
PERIOD OF PERFORMANCE: 06/13/2024 - 06/12/2025
SL0700
DLA PRODUCT TESTING CTR ELECTRONIC
DSCC-TE BLDG 11 SECTION 7
3990 E BROAD STREET PO BOX 3990
COLUMBUS OH 43218-3990
US
SL0700
DLA PRODUCT TESTING CTR ELECTRONIC
DSCC-TE BLDG 11 SECTION 7
3990 E BROAD STREET
COLUMBUS OH 43213-5000
US
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .
1001 J066-V00014583 1.000 JB $ ________________ $ ________________
Instruments and
This line item is an option in accordance with the terms and conditions of the solicitation/award.
PERIOD OF PERFORMANCE: 06/13/2025 - 06/12/2026
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:
PAGE 4 OF 30 PAGES
SP4706-24-Q-0012
SECTION B
SUPPLY/SERVICE: J066-V00014583 CONT'D
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .
2001 J066-V00014583 1.000 JB $ ________________ $ ________________
Instruments and
This line item is an option in accordance with the terms and conditions of the solicitation/award.
PERIOD OF PERFORMANCE: 06/13/2026 - 06/12/2027
GOVT USE
External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date .
0001 7006832608 0001 N/A N/A N/A 10/31/2024
1001 N/A N/A N/A N/A N/A 10/31/2024
2001 N/A N/A N/A N/A N/A 10/31/2024
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 30 PAGES
SP4706-24-Q-0012
SECTION A - SOLICITATION/CONTRACT FORM
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020) FAR
SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS
GENERAL INFORMATION FOR OFFERORS
Please read the following carefully. Sections B through M may not be in sequential order. Please read the solicitation in its entirety. Some clauses or provisions may appear out of sequence or in the incorrect area of the solicitation; however, the clauses or provisions still apply. In the event a clause or provision is not applicable, the clause or provision becomes self-deleting. All provisions become self-deleting at the time of award.
1. DESCRIPTION: This is a Brand Name requirement for Calibration and Repair Services to Keysight Test Equipment. The list of instruments to be serviced and/or repaired can be found in Attachment 1 to this solicitation.
OBJECTIVE: Provide a 1-year Calibration and Repair service plan to maximize our instrument investment and avoid the high costs associated with unexpected instrument failure **Plus two additional option years**.
SERVICE: The contractor shall provide all personnel, equipment, tools, materials, supervision, quality control, and non-personal services necessary to perform calibration and repair on equipment listed in Attachment 1 as defined in this Performance Work Statement (PWS). The contractor shall perform to the standards in this solicitation and the final contract.
2. QUOTE SUBMISSION: Quotes are due by 12:00 PM Eastern Standard Time (EST) on the date specified in Block 8 of Page
1. Quotes are considered late after 12:00 PM local time. The following method of submitting a quote is as follows:
a. EMAIL QUOTES TO: Adam.Steele@dla.mil. Emailed quotes cannot exceed 15 MB. E-mailed quotes greater than 15 MB must be divided into multiple emails.
Offerors are responsible for submitting quotes, and any revisions, to reach the Government office designed in the solicitation by the time specified in the solicitation.
3. POINT OF CONTACT: For solicitation information, please see the point of contact listed in Block 7 of the SF 1449.
4. PROCUREMENT ITEM DESCRIPTIONs (PIDs): There is a Brand Name requirement. PID information is not available.
Product specifications are provided in Section B.
5. CONTRACT LINE ITEM NUMBER (CLIN): Each year of service/repair will be listed as a CLIN.
6. UNIT PRICE AND TOTAL: Offerors shall include the unit price and the total price for each CLIN quoted in Section B.
SECTION B - SCHEDULE OF SUPPLIES AND SERVICES
1. ITEM DESCRIPTION: Calibration and Repair services to the Keysight branded instruments listed in Attachment 1 to the
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 6 OF 30 PAGES
SP4706-24-Q-0012
SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)
solicitation.
PLEASE SEE SECTION C STATEMENT OF WORK FOR SPECIFIC SERVICES AND ADDITIONAL DETAILS
Each of the following CLINs represents one year of calibration and repair service.
CLIN Supplies/Services Quantity Unit of Issue Unit Price Total
0001 J066-V00014583: Maint/Repair/Rebuild of Equipment 1 JB $________ $_________
1001 J066-V00014583: Maint/Repair/Rebuild of Equipment 1 JB $________ $_________
2001 J066-V00014583: Maint/Repair/Rebuild of Equipment 1 JB $________ $_________
2. CERTIFICATION/VERIFICATION/CALIBRATION: Provide an instrument certification or verification of instrument performance upon completion of services.
The offeror will coordinate with Edward Francoeur (Edward.Francoeur@dla.mil 215-737-3244) and Jamie Hieber (Jamie.
Hieber@dla.mil 215-737-3241) to schedule the service.
3. WARRANTY: Warranty period will cover parts, labor, and travel for one year.
4. PRICING: Each CLIN represents the calibration and repair service provided for the instruments as described in SECTION C and Attachment 1 for one year.
a. CLIN 0001 - Shall include all costs associated with service and repairs
b. CLIN 1001 - Shall include all costs associated with service and repairs
c. CLIN 2001 - Shall include all costs associated with service and repairs
5. NOTICE/COORDINATION OF SERVICE/REPAIR: The contractor shall coordinate services with Kyle Palmer (Kyle.
Palmer@dla.mil, Phone: 614-692-8860) and Vasilios Chalkias (Vasilios.Chalkias@dla.mil, Phone: 614-692-5514) within the parameters of the period of performance for each CLIN.
6. PLACE OF PERFORMANCE: All calibrations shall be performed at the contractor's facility. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS.
Place of performance address is:
Keysight Technologies 10090 Foothills Blvd Dock Door 1276 Roseville, CA 95747-7102.
7. PERIOD OF PERFORMANCE:
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 30 PAGES
SP4706-24-Q-0012
SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)
Base Year (CLIN 0001): 13 JUNE 2024 to 12 JUNE 2025
Option Year 1 (CLIN 1001): 13 JUNE 2025 to 12 JUNE 2026
Option Year 2 (CLIN 2001): 13 JUNE 2026 to 12 JUNE 2027
8. INVOICES: Payment of invoices will be accomplished by payment through the Defense Finance and Accounting Service. Invoices will be submitted to the Wide Area Workflow system in accordance with DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports and DFARS 252.232-7006 Wide Area Workflow Payment Instructions within 10 workdays after the conclusion of work performed. Invoices shall be submitted through Wide Area Workflow (WAWF), See DFARS Clause 252.232- 7006 Wide Area Workflow Payment Instructions for detailed instructions on how to submit invoices.
9. DoDAAC: SL0700 (Land and Maritime TA Lab)
10. PRICING TERMS: Firm-Fixed Price
11. INSPECTION & ACCEPTANCE: Destination
12. FOB: Destination
13. PACKAGING: Standard Practice for Commercial Packaging ASTM D3951, if applicable.
14. PRICING TERMS: Firm Fixed Price
SECTION C - SPECIFICATIONS/SOW/SOO/ORD
SECTION C - PWS/STATEMENT OF WORK
1. Title: Keysight Test Equipment Calibration/Repair Service Contract for DLA Product Test Center - Electronic (VTP) located at Columbus, Ohio. DODAAC: SL0700.
2. Introduction: The contractor shall provide all personnel, equipment, tools, materials, supervision, quality control, and non-personal services necessary to perform calibration and repair on equipment listed in Attachment 1 as defined in this Performance Work Statement (PWS). The contractor shall perform to the standards in this contract.
3. Background: In 1994, Defense Logistics Agency (DLA) established the Product Testing Center (PTC).
DLA consolidated five pre-existing Inventory Control Point (ICP) and Depot testing facilities under a single management office. This office is located at the Defense Supply Center Columbus. DLA Land and Maritime now manages personnel and equipment from the Electronics Testing Facility and a Mechanical Testing Facility, which are co-located with the DLA Land and Maritime ICP. Effective October 1, 2017, the Analytical/
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 30 PAGES
SP4706-24-Q-0012
SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)
Chemical Testing Facility realigned under DLA Troop Support at the Defense Supply Center Philadelphia.
PTC cannot perform services under this requirement.
Keysight Technologies is the Original Equipment Manufacturer (OEM) of the test equipment covered by this contract. Any calibration received is performed by a Keysight calibration lab fully accredited for the scope of the measurements required for our instrument. Keysight's calibration procedures are automated querying our instrument for model numbers, serial numbers, options present, and firmware revision. This determines which performance tests to run, which specifications to compare the measured performance against and if out of tolerance, which version of adjustments to run based on instrument vintage. Keysight along with many test manufacturers, do not release their technical data allowing them to be sole providers of calibration and repair parts for their equipment
4. Scope and Tasks: The Keysight Test Equipment Calibration/Repair Service Contract shall cover the following:
4.1 Keysight Test Equipment
See Attachment 1
4.2 All equipment listed on Attachment 1 will receive the standard Keysight calibration with an one (1) year calibration cycle. All equipment listed on Attachment 1 marked for repair will be part of the Return-to-Keysight Repair Agreement.
4.3 Keysight has 90 days after receiving the equipment listed on Attachment 1 to perform the required calibration.
4.4 After the calibration all equipment shall be delivered, at Keysight's expense, to Defense Supply Center
Columbus, 300 North James Road, Bldg 17-3, Mark For: Product Test Center, Bldg 11-7, Attn: Vasilios Chalkias, Columbus Ohio, 43213.
4.5 For technical questions, contact Vasilios Chalkias (vasilios.chalkias@dla.mil / 614- 692-5514).
5. Period of performance: The Period of Performance shall be one Base Year of 12 months from the
Contract award date plus two (2) Option Years.
6. Work Schedule: Work shall be performed from 7:30 a.m. through 4:30 p.m., Monday through Friday. No work shall be performed during weekend or federal holidays. Government will not be paying overtime to the contractor. Work hours are subject to change after award per customer request.
7. Quality Control (QC): The contractor shall develop and maintain an effective QC program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor's QC program is the means by which it assures itself that its work complies with the requirements of the contract.
8. Quality Assurance Surveillance Plan (QASP): The Government shall evaluate the contractor's performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 30 PAGES
SP4706-24-Q-0012
SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)
performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) (defect rate(s)).
9. Recognized Holidays: The following are recognized US holidays. The contractor shall not perform services on these days:
Dates Holidays
January 1 New Year's Day
Third Monday in January Birthday of Martin Luther King, Jr.
Third Monday in February President's Day
Last Monday in May Memorial Day
June 19 Juneteenth
July 4 Independence Day
First Monday in September Labor Day
Second Monday in October Columbus Day
November 11 Veterans Day
Fourth Thursday in November Thanksgiving Day
December 25 Christmas Day
10. Place and Performance of Services: All calibrations shall be performed at the contractor's facility. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS.
Place of performance address is:
Keysight Technologies 10090 Foothills Blvd Dock Door 1276 Roseville, CA 95747-7102.
11. Security Requirements: Contractor and all associated sub-contractor's employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by Security Office.
Contractor workforce shall comply with all personal identity verification requirements as directed by DOD, HQ DLA and/or local policy.
Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 10 OF 30 PAGES
SP4706-24-Q-0012
SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)
security matters or processes.
12. Physical Security: The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, equipment and materials shall be secured.
12.1 Equipment: The Government shall supply equipment in need of service. All items shall be accountable as Government Furnished Property (GFP).
12.2 Transportation: The contractor assumes responsibility for all shipping / transportation costs to the Government's facility after calibration.
After the calibration all equipment will be delivered, at Keysight's expense, to: Defense Supply Center Columbus 300 North James Road, Bldg 17-3 Mark For: Product Test Center, Bldg 11-7 Attn: Michael Yates (614) 692-9887 Columbus Ohio, 43213
12.3 Warranty: The contractor shall furnish a 12 month warranty or the industry standard OEM commercial warranty; whichever is greater, on all parts, labor, and services of each component with regards to the calibration of each item.
13. Invoicing: Payment of invoices will be accomplished by payment through the Defense Finance and
Accounting Service. Invoices will be submitted to the Wide Area Workflow system in accordance with DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports and DFARS 252.232-7006 Wide Area Workflow Payment Instructions within 10 workdays after the conclusion of work performed. Invoices shall be submitted through Wide Area Workflow (WAWF), See DFARS Clause 252.232-7006 Wide Area Workflow Payment Instructions for detailed instructions on how to submit invoices.
14. Enterprise Contractor Manpower Reporting: The contractor shall report all contractor labor hours
(including subcontractor labor hours) required for performance of services provided under this contract for the Defense Logistics Agency via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting input will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2014. Contractors may direct questions to the help desk at: http://www.ecmra.mil/.
15. Section 508 Compliance: Section 508 of the Rehabilitation Act requires Federal agencies to make their electronic and information technology accessible to people with disabilities. This applies to all Federal agencies when they develop, procure, maintain, or use electronic and information technology. Any/all electronic and information technology procured through this effort must meet the applicable accessibility standards at 36 CFR 1194. 36 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended, and is viewable at http://www.section508.gov
16. Common Access Card: Common Access Card (CAC) not required. Prior to gaining access to any DLA facility, contractor personnel must be vetted through the local security office. Due to DoD security requirements, foreign nationals and illegal aliens will not be permitted access to any DLA facility. Individuals
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SP4706-24-Q-0012
SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)
with outstanding warrants or certain convictions also will be denied access. Contractor personnel must ensure they have the appropriate identification required to access DLA facilities. Contractor personnel entering a DLA facility should anticipate their vehicle will undergo a security check by DLA Security, and should ensure that no drugs, alcohol, or weapons of any kind are found within the vehicle. It is the contractor's responsibility to ensure the personnel performing under this contract can and will meet these requirements for accessing DLA facilities. Names of contractor personnel will be provided to the local POC for vetting purposes no less than one week prior to the class start date.
17. Point of Contacts:
The Government Contracting Officer:
TBD
The Government Contract Specialist:
TBD
The Government Contract Officer Representative (COR): Kyle Palmer DLA Land and Maritime, Electronics Product Test Center 3990 E. Broad St., Bldg 11, Section 7 Columbus, OH 43213 Kyle.Palmer@dla.mil, Phone: 614-692-8860
The Government Technical Representative/Project Manager: Vasilios Chalkias DLA Land and Maritime Product Test Center, Electronics Product Test Center 3990 E. Broad St., Bldg 11, Section 7 Columbus, OH 43213 Vasilios.Chalkias@dla.mil, Phone: 614-692-5514
SECTION E - INSPECTION AND ACCEPTANCE
52.246-2 INSPECTION OF SUPPLIES FIXED PRICE (AUG 1996) FAR
52.246-4 INSPECTION OF SERVICES - FIXED PRICE (AUG 1996) FAR
SECTION F - DELIVERIES OR PERFORMANCE
52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR
SECTION H - SPECIAL CONTRACT REQUIREMENTS
252.223-7001 HAZARD WARNING LABELS (DEC 1991) DFARS
(a) “Hazardous material,” as used in this clause, is defined in the Hazardous Material Identification and Material Safety Data clause of this contract.
(b) The Contractor shall label the item package (unit container) of any hazardous material to be delivered under this contract in accordance with the Hazard Communication Standard (29 CFR 1910.1200 et seq). The Standard requires that the hazard warning label conform to the requirements of the standard unless the material is otherwise subject to the labelling requirements of one of the following statutes:
(1) Federal Insecticide, Fungicide and Rodenticide Act;
(2) Federal Food, Drug and Cosmetics Act;
(3) Consumer Product Safety Act;
(4) Federal Hazardous Substances Act; or
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SP4706-24-Q-0012
SECTION H - SPECIAL CONTRACT REQUIREMENTS (CONTINUED)
(5) Federal Alcohol Administration Act.
(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 instead 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 Communication Standard.
MATERIAL
(If None, Insert “None.”) ACT
(d) The apparently successful Offeror agrees to submit, before award, a copy of the hazard warning label for all hazardous materials not listed in paragraph
(c) of this clause. The Offeror shall submit the label with the Material Safety Data Sheet being furnished under the Hazardous Material Identification and Material Safety Data clause of this contract.
(e) The Contractor shall also comply with MIL-STD-129, Marking for Shipment and Storage (including revisions adopted during the term of this contract).
(End of clause)
SECTION I - CONTRACT CLAUSES
52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS OR STATEMENTS-REPRESENTATION (JAN 2017) FAR
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)
FAR
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) DFARS
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEC 2022) DFARS
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) FAR
52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016) FAR
52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (OCT 2016) FAR
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020) FAR
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR
52.204-20 PREDECESSOR OF OFFEROR (AUG 2020) FAR
As prescribed in 4.1804(d), insert the following provision:
(a) Definitions. As used in this provision -- Commercial and Government Entity (CAGE) code means --
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.
The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: (or mark “Unknown”).
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SP4706-24-Q-0012
SECTION I - CONTRACT CLAUSES (CONTINUED)
Predecessor legal name: .
(Do not use a “doing business as” name).
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021) FAR
252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016) DFARS
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS
252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (JAN 2023) DFARS
252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT
INFORMATION (JAN 2023) DFARS
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (JAN 2023) DFARS
252.204-7014 LIMITATIONS ON THE USE OR DISCLOSURE OF INFORMATION BY LITIGATION SUPPORT CONTRACTORS (JAN
2023) DFARS
252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (JAN 2023) DFARS
52.211-5 MATERIAL REQUIREMENTS (AUG 2000) FAR
52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997) FAR
252.215-7013 SUPPLES AND SERVICES PROVIDED BY NONTRADITIONAL DEFENSE CONTRACTORS (JAN 2023) DFARS
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) FAR
As prescribed in 17.208(f), insert a clause substantially the same as the following:
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 [insert the period of time within which the Contracting Officer may exercise the option].
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) FAR
As prescribed in 17.208(g), insert a clause substantially the same as the following:
(a) The Government may extend the term of this contract by written notice to the Contractor within 60 [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 36 (months) (years).
52.219-28 POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (CLASS DEVIATION 2024-O0002) (JAN 2024) FAR Insert the following deviation clause in solicitations and contracts exceeding the micro-purchase threshold to be set aside for, or to be awarded on a sole source basis to, service-disabled veteran-owned small business concerns, when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied FAR part 19.3 in accordance with FAR 19.000(b)(1):
(a) Definitions. As used in this clause -- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217 -8, Option to Extend Services, or other appropriate authority.
Small business concern --
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small
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business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts --
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.
(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.
(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition --
(1) Was set aside for small business and has a value above the simplified acquisition threshold;
(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or
(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.
(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.
(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it [] is, [] is not a small business concern under NAICS Code assigned to contract number .
(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [] is, [] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [] is, [] is not a women-owned small business concern.
(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it [] is, [] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]
(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it [] is, [] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]
(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [] is, [] is not a veteran-owned small business concern.
(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [] is, [] is not a service-disabled veteran-owned small business concern.
(8) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program. The Contractor represents that it [] is, [] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: .]
(9) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that --
(i) It [] is, [] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [] is, [] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of
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the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
[Contractor to sign and date and insert authorized signer's name and title.]
52.219-28 POST AWARD SMALL BUSINESS PROGRAM REREPRESENTATION -- ALTERNATE I (MAR 2020) FAR Alternate I. As prescribed in 19.309(c)(2), substitute the following paragraph (h)(1) for paragraph (h)(1) of the basic clause:
(h)(1) The Contractor represents its small business size status for each one of the NAICS codes assigned to this contract.
NAICS CODE
SMALL BUSINESS
CONCERN
(YES/NO)
252.219-7000 ADVANCING SMALL BUSINESS GROWTH (JUN 2023) FAR
52.222-19 CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES (DEC 2022) FAR
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES---ALTERNATE I (JUL 2014) FAR Alternate I. As prescribed in 22.1408(b), add the following as a preamble to the clause:
Notice: The following term(s) of this clause are waived for this contract: .
52.222-41 SERVICE CONTRACT ACT OF 1965 (AUG 2018) FAR
52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021) FAR
52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (JAN 2022) FAR
52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2022) FAR
52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021) FAR
(a) “Hazardous material,” as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).
(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.
Material (If none, insert None)
Identification No.
(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.
(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.
(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.
(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the
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safety of Government, Contractor, or subcontractor personnel or property.
(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.
(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:
(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to --
(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;
(ii) Obtain medical treatment for those affected by the material; and
(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.
(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.
(3) The Government is not precluded from using similar or identical data acquired from other sources.
(End of Clause)
52.223-7 NOTICE OF RADIOACTIVE MATERIALS (JAN 1997) FAR
(a) The Contractor shall notify the Contracting Officer or designee, in writing, * days prior to the delivery of, or prior to completion of any servicing required by this contract of, items containing either
(1) radioactive material requiring specific licensing under the regulations issued pursuant to the Atomic Energy Act of 1954, as amended, as set forth in Title 10 of the Code of Federal Regulations, in effect on the date of this contract, or
(2) other radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries.
Such notice shall specify the part or parts of the items which contain radioactive materials, a description of the materials, the name and activity of the isotope, the manufacturer of the materials, and any other information known to the Contractor which will put users of the items on notice as to the hazards involved (OMB No. 9000-0107).
* The Contracting Officer shall insert the number of days required in advance of delivery of the item or completion of the servicing to assure that required licenses are obtained and appropriate personnel are notified to institute any necessary safety and health precautions. See FAR 23.601(d).
(b) If there has been no change affecting the quantity of activity, or the characteristics and composition of the radioactive material from deliveries under this contract or prior contracts, the Contractor may request that the Contracting Officer or designee waive the notice requirement in paragraph (a) of this clause.
Any such request shall --
(1) Be submitted in writing;
(2) State that the quantity of activity, characteristics, and composition of the radioactive material have not changed; and
(3) Cite the contract number on which the prior notification was submitted and the contracting office to which it was submitted.
(c) All items, parts, or subassemblies which contain radioactive materials in which the specific activity is greater than 0.002 microcuries per gram or activity per item equals or exceeds 0.01 microcuries, and all containers in which such items, parts or subassemblies are delivered to the Government shall be clearly marked and labeled as required by the latest revision of MIL-STD 129 in effect on the date of the contract.
(d) This clause, including this paragraph (d), shall be inserted in all subcontracts for radioactive materials meeting the criteria in paragraph (a) of this clause.
(End of Clause)
52.223-10 WASTE REDUCTION PROGRAM (MAY 2011) FAR
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN 2020) FAR
52.223-20 AEROSOLS (JUN 2016) FAR
52.223-21 FOAMS (JUN 2016) FAR
252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR HAZARDOUS MATERIALS - BASIC (SEP
2014) DFARS
252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR HAZARDOUS MATERIALS - ALTERNATE I
(SEP 2014) DFARS
252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JAN 2023) DFARS
252.223-7009 PROHIBITION OF PROCUMENT OF FLOURINATED AQUEOUS FILM-FORMING FOAM FIRE-FIGHTING AGENT FOR
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USE ON MILITARY INSTALLATIONS (OCT 2023) FAR
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) FAR
252.225-7007 PROHIBITION ON ACQUISITION OF UNITED STATES MUNITIONS LIST ITEMS FROM COMMUNIST CHINESE MILITARY
COMPANIES (DEC 2018) DFARS
252.225-7008 RESTRICTION ON ACQUISITION OF SPECIALTY METALS (MAR 2013) DFARS
252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997) DFARS
252.225-7052 RESTRICTION ON THE ACQUISITION OF CERTAIN MAGNETS, TANTALUM, AND TUNGSTEN (JAN 2023) DFARS
252.225-7054 PROHIBITION ON USE OF CERTAIN ENERGY SOURCED FROM INSIDE THE RUSSIAN FEDERATION (JAN 2023)
FAR
252.225-7055 REPRESENTATION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (MAY 2022) DFARS
252.225-7056 PROHIBITION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME (JAN 2023) DFARS
252.225-7057 PREAWARD DISCLOSURE OF EMPLOYMENT OF INDIVIDUALS WHO WORK IN THE PEOPLE’S REPUBLIC OF CHINA
(AUG 2022) DFARS
252.225-7058 POSTAWARD DISCLOSURE OF EMPLOYMENT OF INDIVIDUALS WHO WORK IN THE PEOPLE’S REPUBLIC OF
CHINA (JAN 2023) DFARS
252.225-7062 RESTRICTION ON ACQUISITION OF LARGE MEDIUM-SPEED DIESEL ENGINES (JUL 2023) DFARS
252.225-7967 PROHIBITION REGARDING RUSSIAN FOSSIL FUEL BUSINESS OPERATIONS (CLASS DEVIATION 2024-O0006)
(JAN 2024) DFARS
As prescribed in Class Deviation 2024-O0006, use the following clause:
(a) Definitions. As used in this clause -- “Business operations” means knowingly engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other known apparatus of business or commerce. The term does not include --
(1) Any shipment subject to price caps as specified in the --
(i) “Statement of the G7 and Australia on a Price Cap for Seaborne Russian-Origin Crude Oil”, issued on December 2, 2022, between member countries of that coalition; or
(ii) “Statement of the G7 and Australia on Price Caps for Seaborne Russian-Origin Petroleum Products Berlin, Brussels, Canberra, London, Ottawa, Paris, Rome, Tokyo, Washington”, issued on February 4, 2023, between such members, if such shipment complies with the applicable price caps; or
(A) Actions taken for the benefit of the country of Ukraine, as determined by the Secretary; or
(B) Actions taken to support the suspension or termination of business operations for commercial activities during the period beginning on the effective date and ending on December 31, 2029, including --
(1) Any action to secure or divest from facilities, property, or equipment;
(2) The provision of products or services provided to reduce or eliminate operations in territory internationally recognized as the Russian Federation or to comply with sanctions relating to the Russian Federation; and;
(3) Activities that are incident to liquidating, dissolving, or winding down a subsidiary or legal entity in Russia.
Fossil fuel company means an entity or individual that --
(1) Carries out oil, gas, or coal exploration, development, or production activities;
(2) Processes or refines oil, gas, or coal; or
(3) Transports, or constructs facilities for the transportation of, Russian oil, gas, or coal.
(b) Prohibition. In accordance with section 804 of the National Defense Authorization Act for Fiscal Year 2024 (Pub. L. 118-31), the Contractor is prohibited from entering into a subcontract or other contractual instrument for the procurement of products or services with any entity or individual that is known to be, or that is known to have fossil fuel business operations with an entity or individual that is, not less than 50 percent owned, individually or
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