SP470624Q0015.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 7006735798

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SP4706-24-Q-0015

5. SOLICITATION NUMBER

2024 MAY 30

6. SOLICITATION ISSUE

DATE

Adam STEELE DAS0202

a. NAME

Phone: DSN312-850-12

b. TELEPHONE NUMBER (No Collect calls)

2024 JUN 07

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

334516NAICS:

1000 EmployeesSIZE 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

04:00 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 26 PAGES

SP4706-24-Q-0015

SECTION B

SUPPLIES/SERVICES: 6640-N00000473

ITEM DESCRIPTION:

Evident (Formerly Olympus) Trinocular Microscope with Software for Image Analysis, Photography, and Reporting.

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0001 6640-N00000473 1.000 EA $ ________________ $ ________________

Laboratory Equipment and Supplies

PRICING TERMS: Firm Fixed Price

QTY VARIANCE: PLUS 0% MINUS 0%

INSPECTION POINT: DESTINATION

ACCEPTANCE POINT: DESTINATION

FOB: DESTINATION DELIVERY DATE: 2024 SEP 23

PREP FOR DELIVERY:

WILL BE PACKAGED IN ACCORDANCE WITH ASTM D3951.

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

GOVT USE

External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date .

0001 7006735798 0001 N/A N/A N/A 04/08/2024

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SP4706-24-Q-0015

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 an Evident (formerly Olympus) Trinocular Microscope with accompanying equipment and software. The contractor shall provide all labor, tools, transportation, supplies, supervision, assembly, etc. (except as noted), necessary to accomplish this acquisition to the DLA Troop Support, Product Test Center Division, in Columbus, Ohio. Details and specifications of the acquisition are are listed in Sections B and C below.

2. QUOTE SUBMISSION: Quotes are due by 4:00 PM Eastern Standard Time (EST) on the date specified in Block 8 of Page

1. Quotes are considered late after 4:00 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): This is a Brand Name requirement. PID information is not available. Product specifications are provided in Sections B and C.

5. CONTRACT LINE ITEM NUMBER (CLIN): The item/supply will be listed as a CLIN.

6. UNIT PRICE AND TOTAL: Offerors shall include the unit price and the total price for all deliverables listed for each CLIN in Section B.

SECTION B - SCHEDULE OF SUPPLIES AND SERVICES

1. ITEM DESCRIPTION: Evident (formerly Olympus) Trinocular Microscope with accompanying equipment and software. to be provided to the the DLA Troop Support, Product Test Center Division, in Philadelphia, Pennsylvania. Please see the performance work statement in Section C for additional details and information.

PLEASE SEE SECTION C STATEMENT OF WORK FOR SPECIFIC DELIVERABLES AND ADDITIONAL DETAILS

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 26 PAGES

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)

CLIN Supplies/Services Quantity Unit of Issue Unit Price Total

0001 6640-N0000473: Laboratory Equipment 1 EA $________ $_________

2. WARRANTY: Warranty period will cover parts, labor, and travel for one year.

3. PRICING: CLIN 0001 represents the unit and total price for one trinocular microscope with accompanying equipment and software as specified in the performance work statement in section C.

a. CLIN 0001 - Shall include all costs associated with delivery, assembly and installation.

4. NOTICE OF DELIVERY: Contractor shall give notice to Mark.Watkins@dla.mil/614-692-9988) when the item(s) is to be delivered.

5. PLACE OF PERFORMANCE:

ATTN: Mark Watkins (Mark.Watkins@dla.mil 614-692-9988)

Defense Supply Center Columbus (DSCC) 300 North James Road, Bldg. 17-3 Mark For: DLA Product Test Center, Mechanical Lab, VTM, Bldg. 9-1 Columbus, OH 43213-1152

6. PERIOD OF PERFORMANCE:

15JULY2024 to 23SEPT2024

7. 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.

8. DoDAAC: SL0702

9. PRICING TERMS: Firm-Fixed Price

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SP4706-24-Q-0015

SECTION B - SUPPLIES OR SERVICES AND PRICES OR COSTS (CONTINUED)

10. INSPECTION & ACCEPTANCE: Destination

11. FOB: Destination

12. PACKAGING: Standard Practice for Commercial Packaging ASTM D3951, if applicable.

13. PRICING TERMS: Firm Fixed Price

SECTION C - SPECIFICATIONS/SOW/SOO/ORD

SECTION C - PERFORMANCE WORK STATEMENT/TECHNICAL SPECIFICATIONS/DELIVERABLES

Statement of Work

Trincoular Microscope Acquisition

DLA Product Test Center, Columbus, Ohio

1. Mechanical Test Lab

22 April 2024

Requiring Activity: DLA Product Test Center Division, Mechanical Lab, located at Cols, Ohio. Contracting Activity:

DLA Contracting Services located at Cols, Ohio.

2. Introduction

This is a description of the DLA Product Test Center Division, Mechanical Lab, VTM, requirements for the procurement of a Trinocular Microscope with Software for Image Analysis, Photography, and Reporting. It is the intent here to clearly define all required performance characteristics. In generating this statement, our objective is to procure a Trinocular Microscope for Inspection, photographic capture, reporting and archiving of photos for the MPTC. This replaces a much less capable USB microscope and works with and improves the performance of our Olympus Inverted Metallograph (purchased in 2020). This acquisition will improve our image capture, archiving and reporting capabilities when performing microscopic analysis of exhibits, structures and other samples for the MPTC. Our objective is to minimize any impact to the MPTC operations and our customers because of this procurement, especially with regards to test cycle time. This equipment will decrease time required to photograph and archive information on intricate / delicate parts and permit the Lab personnel to create higher quality photographs and reports for our final test reports. This additional microscope (and accessories) will also provide photographs at magnifications that are currently not possible.

3. Background

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 26 PAGES

SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

This equipment would increase the capability of the MPTC's Metallurgical/Materials Engineers to capture photos of exhibits at magnifications that have previously not been possible or that are in a size range not previously easy to photograph due to intermediate sizes between macro and microscopic. It will also provide more robust photography capability (like panorama/photo stitching) as well. Most importantly, procurement of this equipment will increase our current metallographic testing and reporting capacity.

4. Scope

Install one Olympus Microscope with magnification from about 1X to approximately 300X for macro samples.

5. Applicable Directives

None

6. Performance Requirements

The Contractor will install and provide training on the new Olympus Microscope in the Mechanical test lab.

7. Deliverables

One Olympus SZX7 Trinocular Microscope with PRECiV Software for photo capture, archiving, image analysis and report generation; DP28 digital camera, and PRECiV Pro Software upgrade.

9. Place of Performance

DSCC Columbus Building 9 Section 1 3990 East Broad Street Whitehall, OH 43213

Shipped receivable to Bldg 17 Marked for Bldg 9 section 1 Attn: Mark Watkins 614-692-9988

Work to be performed will take place at: Building 9, Section 1

10. Travel (if applicable)

No line-item travel was itemized in quote.

11. 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

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 26 PAGES

SP4706-24-Q-0015

SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

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 each training session.

12. WAWF Acceptance DODAAC#

TM Lab is SL0702.

13. Point of Contacts

The Government Contract Officer:

Adam Steele, Adam.Steele@dla.mil, 614-753-6000

The Government Contract Officer Representative (COR):

Kyle Palmer Kyle.Palmer@dla.mil 614-692-8860

DLA Land and Maritime Product Test Center, T Office 3990 E. Broad St., Columbus, OH Bldg. 9, Section 1 Attn: William Myers 614-692-7074

The Government Technical Representative/Project Manager:

Name: mark.watkins@dla.mil Phone Number: (614) 692-9988

TECHNICAL SPECIFICATIONS

Trinocular Microscope

DLA Land and Maritime Engineering & Technical Support Directorate DLA Product Test Center Division, Mechanical Lab, VTM

Objective:

This is a description of the DLA Mechanical Product Test Center (MPTC) requirements for the procurement of an Evident (formerly Olympus) Trinocular Microscope, and PRECiV Digital Camera and advanced software for image analysis. It is the intent here to clearly define all required performance characteristics. In generating this statement, our objective is to end up with an advanced trinocular microscope, illumination sources, and imaging software that will add functionality to our existing Olympus inverted metallograph microscope.

This microscope, lighting system, and high-quality image capture and processing, storage and report production software adds to our existing metallographic microscope. It will use the same upgraded software for photographic capture, image processing, and report production. This acquisition will improve our testing capabilities when analyzing physical exhibits at a lower magnification than our metallographic microscope. The MPTC does not currently have advanced photographic capability in the magnification range from 1X to 50X. This purchase will add that capability and seamlessly work with the current Olympus inverted metallograph that was purchased in 2020. Our general objective is to minimize any impact to the MPTC operations and our customers, CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 26 PAGES

SP4706-24-Q-0015

SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

especially with regards to test cycle time. This equipment will permit us to observe samples and capture photos at magnifications not currently available to us. In addition, the new software is an upgrade and will work with photos from both Olympus microscopes.

This will be a sole source purchase. Evident offers a competitively priced product with additional features that are required for the Mechanical Product Test Center (MPTC) to complete its mission. The Olympus Trinocular microscope and PRECiV software will work with our existing Olympus Inverted Metallographic Microscope. The current STREAM software on the Olympus Metallograph was replaced about two years ago, and by purchasing now, we gain an advantage of paying about 1/3rd the cost of the PRECiV license to upgrade. Other competitors do not offer this option. An increase of functionality will help improve the report generating capability of the MPTC for microscope photographic imaging and will broaden the scope of the MPTC's capabilities.

General Requirements:

The Trinocular Microscope must have the following:

1. The Trinocular Microscope must be new, not refurbished.

2. The microscope must have click-stops at major magnification levels so that they can be accessed quickly and repeatedly at the same magnification.

3. The microscope light path must be able to be split so that the view through both eyepieces must be the same as the view on the video screen/camera (viewed simultaneously).

4. The microscope must be outfitted with a controllable ring light as well as gooseneck illumination for non-flat samples.

5. Multiple objective lenses are desired so that magnifications from 1X to 7X or 8X viewing is possible as well as up to slightly over 300X are possible as well.

6. The software must work with both the Trinocular microscope and the MPTC's existing Olympus

Metallographic Microscope. It must be able to recognize the individual objective lenses on the Metallographic microscope for calculation of scaling on the photos taken during observation. (No known competitors offer this option.)

7. The software must provide easy modification of final reporting depending on the specifics of each exhibit being tested.

8. The software mut be able to adjust for slight rounding of the surface and have an Extended Focus Image (or equivalent) so that all regions will be adjusted and be in focus.

9. The software must be capable of image stitching of multiple photos to provide a larger stitched photo from smaller photos showing an image larger than the field of view of the camera.

10. The overall system must be capable of upgrading to add a digital microscope in the future and be able to handle input from all three microscopes.

Warranty:

Contractor shall provide a minimum of a one-year warranty on all components from the date of installation at the DLA Product Test Center, Mechanical Lab, VTM, Bldg. 9, Columbus, OH. The warranty will include all costs for repair or replacement as required.

Other Requirements:

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SECTION C - SPECIFICATIONS/SOW/SOO/ORD (CONTINUED)

1. Delivery: 8-10 weeks from date of the award.

2. Contractor shall give notification to Mark Watkins (Mark.Watkins@dla.mil/614-692-9988) when the system will be delivered and set-up date.

3. Contractor will be scheduling training with Mark Watkins (Mark.Watkins@dla.mil/614-692- 9988)

4. All shipping costs are to be included in the contracted price.

5. The set shall be delivered to

Defense Supply Center Columbus (DSCC) 300 North James Road, Bldg. 17-3 Mark For: DLA Product Test Center, Mechanical Lab, VTM, Bldg. 9-1 Attn: Mark Watkins (Mark.Watkins@dla.mil/614-692-9988) Columbus, OH 43213-1152

6. 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.

7. DODAAC: SL0702.

Suggested sources:

Quote XXXXXX Dean McCurley +1 (513) 317-5700 Evident Customer Service +1 800-225-8330 Dean.mccurley@evidentscientific.com

EVIDENT SCIENTIFIC

48 Woerd Avenue Waltham, MA 02453 USA EvidentScientific.com

C03 CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY DOCUMENTATION (MAR 2023)

C01 SUPERSEDED PART NUMBERED ITEMS (SEP 2016)

C14 CORRECTION OF NONCONFORMING PACKAGING OR MARKING (MAY 2020)

SECTION E - INSPECTION AND ACCEPTANCE

52.246-2 INSPECTION OF SUPPLIES FIXED PRICE (AUG 1996) FAR

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SP4706-24-Q-0015

SECTION F - DELIVERIES OR PERFORMANCE (CONTINUED)

SECTION F - DELIVERIES OR PERFORMANCE

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR

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

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

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H10 AWARDEE REQUIRES NO ACCESS TO DLA CONTROLLED TECHNICAL DATA OR INFORMATION FOR CONTRACT

PERFORMANCE (FEB 2020)

Awardee has confirmed it will not require access to DLA controlled technical data or information for contract performance, and it will provide items that conform to the current revision of applicable technical data.

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-0015

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

252.204-7003 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

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 2021) FAR

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (NOV 2015) FAR

52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997) FAR

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (FEB 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 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.

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SECTION I - CONTRACT CLAUSES (CONTINUED)

(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) 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 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 .]

(End of clause)

252.219-7000 ADVANCING SMALL BUSINESS GROWTH (JUN 2023) FAR

52.222-19 CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES (DEC 2022) FAR

52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND EQUIPMENT (JUN 2020) FAR

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) FAR

52.222-26 EQUAL OPPORTUNITY (SEP 2016) FAR

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020) FAR

52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021) FAR

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SECTION I - CONTRACT CLAUSES (CONTINUED)

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2022) 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

252.223-7009 PROHIBITION OF PROCUMENT OF FLOURINATED AQUEOUS FILM-FORMING FOAM FIRE-FIGHTING AGENT FOR

USE ON MILITARY INSTALLATIONS (OCT 2023) FAR

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) FAR

252.225-7008 RESTRICTION ON ACQUISITION OF SPECIALTY METALS (MAR 2013) 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.

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SECTION I - CONTRACT CLAUSES (CONTINUED)

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 collectively, by --

(1) An authority of the government of the Russian Federation; or

(2) A fossil fuel company that operates in the Russian Federation, except if the fossil fuel company transports oil or gas --

(i) Through the Russian Federation for sale outside of the Russian Federation; and

(ii) That was extracted from a country other than the Russian Federation with respect to the energy sector of which the President has not imposed sanctions as of the date on which the contract is awarded.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts and other contractual instruments, including those for the acquisition of commercial products or commercial services.

52.227-1 AUTHORIZATION AND CONSENT (JUN 2020) FAR

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (JUN 2020) FAR

52.232-1 PAYMENTS (APR 1984) FAR

52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002) FAR

52.232-11 EXTRAS (APR 1984) FAR

52.232-25 PROMPT PAYMENT (JAN 2017) FAR

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD MANAGEMENT (OCT 2018) FAR

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023) FAR

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018) DFARS

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023) DFARS

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

(a) Definitions. As used in this clause - Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

Payment request and receiving report are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation System (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall -

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https:// wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items -

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

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SECTION I - CONTRACT CLAUSES (CONTINUED)

Combo

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table *

Field Name in WAWF Data to be entered in WAWF Guidance

Pay Official DoDAAC SL4701 (If blank, see resulting award)

Issue By DoDAAC SP4706 (If blank, see resulting award)

Admin DoDAAC SP4706 (If blank, see resulting award)

Inspect By DoDAAC SL0702 (If blank, see resulting award)

Ship To Code SL0702 (If blank, see resulting award)

Ship From Code (If blank, see resulting award)

Mark For Code (If blank, see resulting award)

Service Approver (DoDAAC)

(If blank, see resulting award)

Service Acceptor (DoDAAC)

(If blank, see resulting award)

Accept at Other DoDAAC (If blank, see resulting award)

LPO DoDAAC (If blank, see resulting award)

DCAA Auditor DoDAAC (If blank, see resulting award)

Other DoDAAC(s) (If blank, see resulting award)

(* Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”) (** Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Adam.Steele@dla.mil (Contracting Officer: Insert applicable information or “Not applicable.”)

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of Clause)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS

52.233-1 DISPUTES (MAY 2014) FAR

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52.233-3 PROTEST AFTER AWARD (AUG 1996) FAR

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) FAR

5452.233-9001 DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE RESOLUTION (JUN 2020) DLAD

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

(b) Before either party determines ADR inappropriate, that party must discuss the use of ADR with the other party. The documentation rejecting ADR must be signed by an official authorized to bind the Contractor (see Federal Acquisition Regulation (FAR) clause 52.233-1), or, for the Agency, by the Contracting Officer, and approved at a level above the Contracting Officer after consultation with the ADR Specialist and with legal. Contractor personnel are also encouraged to include the ADR Specialist in their discussions with the Contracting Officer before determining ADR to be inappropriate.

(c) The offeror should check here to opt out of this clause:

[ ] Alternate wording may be negotiated with the contracting officer.

52.243-1 CHANGES - FIXED PRICE (AUG 1987) FAR

252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) DFARS

52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024) FAR

252.244-7000 SUBCONTRACTS FOR COMMERCIAL PRODUCTS OR COMMERCIAL SERVICES (NOV 2023) DFARS

252.245-7005 MANAGEMENT AND REPORTING OF GOVERNMENT PROPERTY (JAN 2024) DFARS

252.246-7007 CONTRACTOR COUNTERFEIT ELECTRONIC PART DETECTION AND AVOIDANCE SYSTEM (JAN 2023) DFARS

252.246-7008 SOURCES OF ELECTRONIC PARTS (JAN 2023) DFARS

252.247-7023 TRANSPORATION OF SUPPLIES BY SEA --- BASIC (JAN 2023) DFARS

Basic. As prescribed in 247.574 (b) and (b)(1), use the following clause:

(a) Definitions. As used in this clause -- “Components” means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

“Department of Defense” (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

“Foreign-flag vessel” means any vessel that is not a U.S.-flag vessel.

“Ocean transportation” means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

“Subcontractor” means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

“Supplies” means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) “Supplies” includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials;

and components of the foregoing.

“U.S.-flag vessel” means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if --

(i) This contract is a construction contract; or

(ii) The supplies being transported are --

(A) Noncommercial items; or

(B) Commercial items that --

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it

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SECTION I - CONTRACT CLAUSES (CONTINUED)

subcontracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that --

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of…