SP7000-21-Q-1022 Combined Synopsis Solicitation.pdf

SP7000-21-Q-1022

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart Federal Acquisition Regulations (FAR) 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Items; as supplemented with additional information included in this notice, and in conjunction with the FAR Part 13 Simplified Procedures for Certain Commercial Items. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This is a Request for Quote (RFQ) and the solicitation number is SP7000-21-Q-1022.

2. This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2021-03 effective 16 February 2021 and Defense Federal Acquisition Regulation Supplement (DFARS) DFARS Publication Notice (DPN) 20211501 edition effective 15 January 2021 and Defense Logistics Acquisition Directive (DLAD) PROCLTR 2021-05 effective 28 January 2021.

The complete text of any of the clauses and provisions are available electronically from the following sites:

FAR- https://www.acquisition.gov/browsefar DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ DLAD -http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

3. The RFQ is being issued to establish a firm-fixed price (FFP) type contract for Multi-Functional Devices (MFDs) for which the Government intends to solicit and negotiate. All responsible sources may submit quotations which shall be considered by the agency.

4. Description of Requirement: DLA seeks to enter into a contract for up to 60 month lease of 39 Multi-Functional Devices (MFDs) in Bahrain with services and equipment, accessories and copier machines (hereafter collectively referred to as devices) including installation and removal, full service maintenance, all consumable supplies (excluding paper), key operator training, reports, relocations, network functionality, and network security. Provide networked equipment that will be tested to operate Outside the Continental United States (OCONUS) DoD RMF and STIG for the "Printer, Scanner and Fax" functions. This equipment must be tested to operate on the DoD RMF and STIG network prior to the delivery of devices. The estimated time for testing is twenty (20) business days. Testing and approval shall be performed by the DLA Information Operations EMS Division in conjunction with the Contractor’s assistance. See attachment 1 – Statement of Work (SOW) for requirement details.

The contracting officer reserves the right to increase the quantity of equipment and services at the awarded unit prices listed for each CLIN, not to exceed 20 percent per CLIN over the first 24 months of the contract. See Attachment 6 - 20 Percent Device Quantity Increase Chart.

5. Attachments:

Attachment 1 – Statement of Work (SOW) Attachment 2 – Delivery Schedule Attachment 3 – CLIN Structure Attachment 4 – Statement of Work Compliance Form Attachment 5 – Full Text Provisions Attachment 6 – 20% Quantity Increase Chart Attachment 7 – Question and Comment Form

The Government intends to award one contract as a result of this solicitation. Any award resulting from this RFQ will be issued on a Standard Form (SF) 1449.

This is not a Defense Priorities and Allocations System (DPAS) requirement.

6. This RFQ is Unrestricted. The North American Industry Classification System (NAICS) code for this acquisition is

532420. The small business size standard is $32,500,000.00. The Product Service Code (PSC) for this acquisition is W074. No set-aside is available.

http://www.acquisition.gov/browsefar http://www.acq.osd.mil/dpap/dars/dfarspgi/current/

7. PERIOD OF PERFORMANCE:

Base Period: 02/01/22 – 09/30/22, 8 Months Option Period 1: 10/01/22 - 09/30/23, 12 Months Option Period 2: 10/01/23 - 09/30/24, 12 Months Option Period 3: 10/01/24 - 09/30/25, 12 Months Option Period 4: 10/01/25 - 09/30/26, 12 Months Option Period 5: 10/01/26 - 01/31/27, 4 Months

8. SYSTEM FOR AWARD MANAGEMENT – In accordance with FAR 52.204-7 System for Award Management

(OCT 2018),

(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. Please reference the clause for more information.

9. The contractor shall type company name, address, and CAGE code exactly as it appears in the

DoD System for Award Management (SAM) Database.

Company Name: ________________________ Company Address: _________________________ CAGE Code: _ Point of Contact _ Telephone: _ _ _

E-MAIL _

10. INVOICING AND PAYMENT – Invoicing and Payment will be made via Wide Are WorkFlow (WAWF).

Reference DFARS Clause 252.232-7003 and DFARS 252.232-7006 of the RFQ.

11. PACKING AND MARKING REQUIREMENTS - All products shall be packaged best commercial practice in accordance with ASTM 3951. All shipments must contain proper shipping documentation. Contractor shall attach, in a water resistant envelope, to the exterior shipping container a commercial packing list. All documents must include at a minimum, contract number and document number for the item, stock number, quantity, and unit of issue.

Omission of any data on the shipping documentation could cause a delay in receipt of goods and significantly delay payment.

12. MARK CONTRACT NUMBER ON ALL CORRESPONDENCE - The Contractor must mark the contract or purchase order number on all paperwork and shipments. The order number must appear on the exterior of the shipment. Failure to follow these instructions will hold up payment and could result in the return of merchandise at contractor’s expense.

13. PLACE OF PERFORMANCE: Bahrain.

14. Offers must be submitted for contract line items (CLINs) 0001-0006 to be evaluated for a single contract award.

Offers that do not quote on or cannot perform line items 0001-0006 shall not be considered. Please refer to Attachment 3 - CLIN Structure. Interested contractors shall follow the instructions below at Addenda to FAR 52.212-1 to complete the total price for each CLIN and total yearly price in the CLIN Structure.

http://www.sam.gov/

15. This contract will include FAR Clause 52.217-8 Option to Extend Services. In the event this clause is required, the prices agreed upon in the contract award will remain the same for the extension period without negotiation.

16. Questions shall be submitted in writing via e-mail to: david.corvino@dla.mil. The suspense for question submission shall be no later than 10:00 AM Eastern Local Time, 12 April 2021. Offerors must submit any questions regarding this solicitation in writing to the Contract Specialist. Questions must be received by the Contract Specialist in adequate time to allow a written response prior to the quote due date. No remarks or written responses to questions by Government personnel shall change or qualify any of the terms or conditions of this RFQ.

The solicitation can only be changed by a formal written amendment issued by the DLA.

17. The Government is not soliciting for the “same old way” of doing business. The Government encourages proposals that will achieve savings through innovative processes. Furthermore, DLA personnel are working to eliminate unnecessary requirements and negotiating for a reduction in supplies and material prices. Therefore, your assistance is requested in reducing prices and improving our buying processes.

FAR 52.252-2 – Clause incorporated by reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

FAR- https://www.acquisition.gov/browsefar DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ DLAD - http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

(End of Clause)

FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items (OCT 2018)

Addenda to FAR 52.212-4 Contract Terms and Conditions—Commercial Items (OCT 2018):

Additional applicable clauses incorporated by Reference:

FAR 52.202-1, Definitions FAR 52.203-12, Limitations on Payments to Influence Certain Federal Transactions FAR 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements FAR 52.204-2, Security Requirements FAR 52.204-9, Personal Identity Verification of Contractor Personnel FAR 52.204-13, System for Award Management Maintenance FAR 52.204-18, Commercial and Government Entity Code Maintenance FAR 52.204-19, Incorporation by Reference of Representations and Certifications FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

FAR 52.217-6, Option for Increased Quantity (MAR 1989) FAR 52.222-29, Notification of Visa Denial FAR 52.232-1, Payments FAR 52.232-8, Discounts for Prompt Payment FAR 52.232-11, Extras FAR 52.232-17, Interest FAR 52.232-18, Availability of Funds FAR 52.232-39, Unenforceability of Unauthorized Obligations FAR 52.232-40, Providing Accelerated Payments to Small Business Subcontractors FAR 52.233-1, Disputes FAR 52.243-1, Changes—Fixed-Price mailto:%20david.corvino@dla.mil.

https://www.acquisition.gov/browsefar https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

FAR 52.247-34, FOB Destination FAR 52.249-1, Termination for Convenience of the Government (Fixed-Price)(Short Form) FAR 52.253-1, Computer Generated Forms DFARS 252.201-7000, Contracting Officer’s Representative DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights DFARS 252.204-7003, Control of Government Personnel Work Product DFARS 252.204-7004, Level I Antiterrorism Awareness Training for Contractors DFARS 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber

Incident Information DFARS 252.204-7012, Safeguarding covered Defense Information & Cyber Incident Reporting DFARS 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support DFARS 252.204-7018, Prohibition on the Acquisition of Covered Telecommunications Equipment or Services (Dec 2019) DFARS 252.209-7004, Subcontracting with Firms that are Owned or Controlled by the Government Of a Country that is a State Sponsor of Terrorism DFARS 252.211-7003, Item Unique Identification and Valuation DFARS 252.211-7006, Passive Radio Frequency Identification DFARS 252.222-7999, Combating Race and Sex Stereotyping (DEVIATION 2021-O0001) (NOV 2020) DFARS 252.223-7008, Prohibition of Hexavalent Chromium DFARS 252.225-7002, Qualifying Country Sources as Subcontractors DFARS 252.225-7012, Preference for Certain Domestic Commodities DFARS 252.225-7013, Duty-Free Entry DFARS 252.225-7021, Trade Agreements DFARS 252.225-7031, Secondary Arab Boycott of Israel DFARS 252.225-7033, Waiver of Unity Kingdom Levies DFARS 252.225-7041, Correspondence in English DFARS 252.225-7043, Antiterrorism/force protection policy for defense contractors outside the United States DFARS 252.225-7048, Export Controlled Items DFARS 252.225-7995, Contractor Personnel Performing In The United States Central Command Area of Responsibility (Deviation 2011-O0004) DFARS 252.229-7000, Invoices Exclusive of Taxes or Duties DFARS 252.229-7001, Tax Relief – Basic DFARS 252.229-7006, Value Added Tax Exclusion Value (United Kingdom) DFARS 252.229-7011, Reporting of Foreign Taxes – U.S. Assistance Programs DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7008, Assignment of Claims (Overseas) DFARS 252.232-7010, Levies on Contract Payments DFARS 252.233-7001, Choice of Law (Overseas) DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel DFARS 252.239-7016, Telecommunication Security Equipment, Devices, Techniques, and Services

DFARS 252.239-7018, Supply Chain Risk (Feb 2019) DFARS 252.243-7001, Pricing of Contract Modifications DFARS 252.244-7000, Subcontracts for Commercial Items DFARS 252.247-7023, Transportation of Supplies by Sea

FAR 52.217-6 Option for Increased Quantity (Mar 1989) The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 30 Days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of Clause)

FAR 52.217-8 --Option to Extend Services (Nov 1999)

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 30 days.

(End of Clause)

FAR 52.217-9 -- Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 5; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 5 days 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 66 Months.

252.225-7052 RESTRICTION ON THE ACQUISTION OF CERTAIN MAGNETS, TATALUM, AND TUNGSTEN

(DEVIATION 2020-O0006) (FEB 2020)

(a) Definitions. As used in this clause—

“Assembly” means an item forming a portion of a system or subsystem that—

(1) Can be provisioned and replaced as an entity; and

(2) Incorporates multiple, replaceable parts.

“Commercially available off-the-shelf item”—

(1) Means any item of supply that is—

(i) A commercial item (as defined in paragraph (1) of the definition of “commercial item” in section

2.101 of the Federal Acquisition Regulation);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, under this contract or a subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

“Component” means any item supplied to the Government as part of an end item or of another component.

“Covered country” means—

(1) The Democratic People’s Republic of North Korea;

(2) The People’s Republic of China;

(3) The Russian Federation; or

(4) The Islamic Republic of Iran.

“Covered material” means—

(1) Samarium-cobalt magnets;

(2) Neodymium-iron-boron magnets;

(3) Tantalum metal and alloy;

(4) Tungsten metal powder; and

(5) Tungsten heavy alloy or any finished or semi-finished component containing tungsten heavy alloy.

“Electronic device” means an item that operates by controlling the flow of electrons or other electrically charged particles in circuits, using interconnections such as resistors, inductors, capacitors, diodes, switches, transistors, or integrated circuits.

“End item” means the final production product when assembled or completed and ready for delivery under a line item of this contract.

“Subsystem” means a functional grouping of items that combine to perform a major function within an end item, such as electrical power, attitude control, and propulsion.

“Tungsten heavy alloy” means a tungsten base pseudo alloy that—

(1) Meets the specifications of ASTM B777 or SAE-AMS-T-21014 for a particular class of tungsten heavy alloy; or

(2) Contains at least 90 percent tungsten in a matrix of other metals (such as nickel-iron or nickel-copper) and has density of at least 16.5 g/cm3).

(b) Restriction.

(1) Except as provided in paragraph (c) of this clause, the Contractor shall not deliver under this contract any covered material melted or produced in any covered country, or any end item, manufactured in any covered country, that contains a covered material (10 U.S.C. 2533c).

(2)(i) For samarium-cobalt magnets and neodymium iron-boron magnets, this restriction includes—

(A) Melting samarium with cobalt to produce the samarium-cobalt alloy or melting neodymium with iron and boron to produce the neodymium-iron-boron alloy; and

(B) All subsequent phases of production of the magnets, such as powder formation, pressing, sintering or bonding, and magnetization.

(ii) The restriction on melting and producing of samarium-cobalt magnets is in addition to any applicable restrictions on melting of specialty metals if the clause at 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals, is included in the contract.

(3) For production of tantalum metal and alloys, this restriction includes the reduction of tantalum chemicals such as oxides, chlorides, or potassium salts, to metal powder and all subsequent phases of production of tantalum metal and alloys, such as consolidation of metal powders and melting.

(4) For production of tungsten metal powder and tungsten heavy alloy, this restriction includes–

(i) Atomization;

(ii) Calcination and reduction into powder;

(iii) Final consolidation of non-melt derived metal powders; and

(iv) All subsequent phases of production of tungsten metal powder, tungsten heavy alloy, or any finished or semi-finished component containing tungsten heavy alloy.

(c) Exceptions. This clause does not apply—

(1) To an end item that is—

(i) A commercially available off-the-shelf item, other than—

(A) A commercially available off-the-shelf item that is 50 percent or more tungsten by weight; or

(B) A tantalum metal, tantalum alloy, or tungsten heavy alloy mill product, such as bar, billet, slab, wire, cube, sphere, block, blank, plate, or sheet, that has not been incorporated into an end item, subsystem, assembly, or component;

(ii) An electronic device, unless otherwise specified in the contract; or

(iii) A neodymium-iron-boron magnet manufactured from recycled material if the milling of the recycled material and sintering of the final magnet takes place in the United States.

(2) If the authorized agency official concerned has made a nonavailability determination, in accordance with section 225.7018-4 of the Defense Federal

Acquisition Regulation Supplement, that compliant covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed at a reasonable price.

(i) For tantalum metal, tantalum alloy, and tungsten heavy alloy, the term “required form” refers to the form of the mill product, such as bar, billet, wire, slab, plate, or sheet, in the grade appropriate for the production of a finished end item to be delivered to the Government under this contract; or a finished component assembled into an end item to be delivered to the Government under the contract.

(ii) For samarium-cobalt magnets or neodymium-iron-boron magnets, the term “required form” refers to the form and properties of the magnets.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in subcontracts and other contractual instruments that are for items containing a covered material, including subcontracts and other contractual instruments for commercial items, unless an exception in paragraph (c) of this clause applies. The Contractor shall not alter this clause other than to identify the appropriate parties.

(End of clause)

DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions (Dec 2018)

(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 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic

Submission of Payment Requests and Receiving Reports.

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

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

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

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

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

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

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

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

(ii) For fixed price line items—

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

(B)

2-N-1 Invoice

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

(C) 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 item financing, submit a commercial item financing request.

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

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

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

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC SL4701

Issue By DoDAAC SP7000

Admin DoDAAC** SP7000

Inspect By DoDAAC

Ship To Code SA7031

Ship From Code

Mark For Code SA7031

Service Approver (DoDAAC) SA7031

Service Acceptor (DoDAAC) SA7031

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

(*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.

disa.ogden.esd.mbx.cscassig@mail.mil_or_Paul Lange - Paul.Lange @dla.mil

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

(End of clause)

52.212-5 Contract Terms and Conditions Required to Implement Statutes Executive Orders –Commercial Items (JAN 2020)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232)

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

(1) 52.203-6 Restrictions on Subcontractor Sales to the Government (Sept 2006), with

Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402)

(2) 52.203-13 Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509)

(3) 52.203-15 Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

X (4) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) Reserved

(6) 52.204-14 Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

(9) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(10) Reserved

(11) (i) 52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a)

(ii) Alternate 1 (Nov 2011) of 52.219-3

(12) (i) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business

Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

(ii) Alternate I (Jan 2011) of 52.219-4

(13) Reserved

(14) (i) 52.219-6 Notice Of Total Small Business Set-Aside (DEVIATION 2019-O0003) (Dec 2018) (15 U.S.C. 644).

(ii) Alternate I (Nov 2011).

(iii) Alternate

II

(Nov 2011).

(15) (i) 52.219-7 Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-7.

(Mar 2004) of 52.219-7.

(16) 52.219-8 Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

(17) (i) 52.219-9 Small Business Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9

(Nov 2016) of 52.219-9

(iv) Alternate

III

(Nov 2016) of 52.219-9

(v) Alternate

IV

(Aug 2018) of 52.219-9.

(18) 52.219-13 Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

(19) 52.219-14 Limitations on Subcontracting (DEVIATION 2019-O0003) (Dec 2018)

(20) 52.219-16 Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

(21) 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2019) (15 U.S.C. 657f).

(22) 52.219-28 Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

(23) 52.219-29 Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 52.219-30 Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

(25) 52.222-3 Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Jan 2020) (E.O.

13126).

X (27) 52.222-21 Prohibition of Segregated Facilities (Apr 2015).

X (28) (i) 52.222-26 Equal Opportunity (Sep 2016) (E.O. 11246).

X

(ii) Alternate I (Feb 1999) of 52.222-26.

(29) (i) 52.222-35 Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ii) Alternate I (July 2014) of 52.222-35.

(30) (i) 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

(ii) Alternate I (July 2014) of 52.222-36.

(31) 52.222-37 Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(32) 52.222-40 Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496).

X (33) (i) 52.222-50 Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and

E.O. 13627).

X

(ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627

(34) 52.222-54 Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35) (i) 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(36) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

(37) 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

X (38) (i) 52.223-13 Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

(ii) Alternate I (Oct 2015) of 52.223-13.

(39) 52.223-14 Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

X (40) 52.223-15 Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

(41) (i) 52.223-16 Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

X (42) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging while Driving

(Aug 2011) (E.O. 13513).

(43) 52.223-20 Aerosols (Jun 2016) (E.O. 13693).

(44) 52.223-21 Foams (Jun 2016) (E.O. 13696).

(45) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552a).

(ii) Alternate I (Jan 2017) of 52.224-3.

(46) 52.225-1 Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

(47) (i) 52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41

U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C.

3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

(ii) Alternate I (May 2014) of 52.225-3.

(May 2014) of 52.225-3.

(iv) Alternate

III

(May 2014) of 52.225-3.

X (48) 52.225-5 Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (49) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(50) 52.225-26 Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(51) 52.226-4 Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

(52) 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(53) 52.232-29 Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

(54) 52.232-30 Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (55) 52.232-33 Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

(56) 52.232-34 Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(57) 52.232-36 Payment by Third Party (May 2014) (31 U.S.C. 3332).

X (58) 52.239-1 Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(59) 52.242-5 Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(12)).

X (60) (i) 52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

(1) 52.222-17 Nondisplacement of Qualified Workers (May 2014) (E.O. 13495)

(2)

52.222-41 Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67.).

(3)

52.222-42 Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4)

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C.206 and 41 U.S.C. chapter 67).

(5)

52.222-44 Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(6)

52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-- Requirements (May 2014) (41 U.S.C. chapter 67).

(7)

52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C.

chapter 67).

(8)

52.222-55 Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(9)

52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(10)

52.226-6 Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jan 2019) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2019) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-- Requirements (May 2014) (41 U.S.C. chapter 67)

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

AD H11 SECTION 508 REQUIREMENTS (JUN 2020)

Contractors shall comply with the Section 508 Accessibility requirements in this contract and the current version of the

Voluntary Product Accessible Template (VPAT) at VPAT® - Information Technology Industry Council (ITIC) (https://www.itic.org/policy/accessibility/vpat) as stated in their proposal, for the duration of contract performance.

DLAD L29 SECTION 508 REQUIREMENTS (JUL 2019)

Offerors shall comply with the Section 508 accessibility requirements. By submission of its offer, the offeror affirms that its Electronic Information Technology (EIT) supplies and services are accessible as outlined in the law, the standard, and FAR Subpart 39.2. Offerors shall complete the Voluntary Product Accessible Template (VPAT) Version 2.3 document in the solicitation. If applicable, offerors shall indicate where their Section 508 EIT compliance information is available for review (e.g. offeror’s website or other location the contracting officer can access). The contracting officer may require a demonstration of Section 508 compliance prior to award.

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

FAR- https://www.acquisition.gov/browsefar DFARS - https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ DLAD - http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

(End of Provision

The following provisions are incorporated by reference:

FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions FAR 52.203-18, Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements—Representation FAR 52.204-7, System of Award Management FAR 52.204-16, Commercial and Government Entity Code Reporting FAR 52.204-17, Ownership or Control of Offeror FAR 52.204-20, Predecessor of Offeror FAR 52.204-22, Alternative Line Item Proposal FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (AUG 2020) FAR 52.204-26, Covered Telecommunications Equipment or Services- Representation FAR 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations – Representations FAR 52.217-5, Evaluation of Options (JUL 1990)

FAR 52.222-22, Previous Contracts and Compliance reports (FEB 1999) FAR 52.222-25, Affirmative Action Compliance (APR 1984) FAR 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals - Representation

FAR 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran - Representations and Certifications

DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials DFARS 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls (DEVIATION 2016-

O0001) DFARS 252.204-7016, Covered Defense Telecommunications Equipment or Services—Representation (Dec 2019) DFARS 252.213-7000, Notice to Prospective Supplies on the Use of Past Performance Information Retrieval DFARS 252.225-7032, Waiver of United Kingdom Levies – Evaluation of offers DFARS 252.239-7017, Notice of Supply Chain Risk (Feb 2019)

Addenda to FAR 52.212-1, Instructions to Offerors -- Commercial Items (OCT 2018)

Reference paragraph (c) under referenced provision FAR 52.212-1. This paragraph is tailored to read as follows:

(c) Period of acceptance of offers. The offeror agrees to hold prices in its offer firm for 60 calendar days from the date specified for receipt of offers.

The following paragraphs under referenced provision 52.212-1 are hereby deleted:

(d) Product samples;

(e) Multiple Offers; and

(h) Multiple Awards

Instructions to Offerors

This acquisition is solicited in accordance with FAR Part 12, Acquisition of Commercial Items, and FAR Part 13, Simplified Acquisition Procedures.

https://www.acquisition.gov/browsefar https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

QUOTE SUBMISSION INSTRUCTIONS:

1. All quotes must be received electronically via email at david.corvino @dla.mil by 10:00 AM EST on 12 April 2021 to be considered for award. Facsimile and hard copy submissions of quotes will not be accepted.

Additionally, only one quote per vendor will be accepted.

2. ORGANIZATION/NUMBER OF COPIES: The Offeror shall prepare the quote in the English language as set forth in the Quote Organization Table below. The titles and contents for each volume are defined below. Quote shall be submitted as three separate Files (electronic files) as follows:

A. File I Price Quote (Electronic File):

1. Quote with all required fill-ins completed, including:

a. Solicitation number

b. Company CAGE code

c. Company name

d. Company Mailing address

e. Company POC’s name

f. POC Job Title

g. POC Telephone number

h. POC e-mail address

2. Completed Attachment 3 with prices must be rounded to two decimal points.

3. Vendor must provide MFD manufacturer and model number per clin.

4. Completed certifications and representations located at FAR 52.212-3 of the FRQ Attachment 5 – Full Text

Provisions. Vendor must complete and return this document to be considered responsive.

5. Signed Standard Form 30, Amendment of Solicitation/Modification of Contract for all amendments, if applicable.

B. File II: Technical Capability (Electronic File):

1. Vendors shall provide specifications for each MFD model number submitted.

2. Vendors shall provide the Supply Chain Risk Management Documentation required IAW the SOW (Attachment

1).

3. Vendors shall comply with the Section 508 accessibility requirements and submit Voluntary Product Accessible

Template (VPAT) with its quote (Located in Attachment 1 – Statement of Work at Appendix 5). NOTE: this document is not included in the technical evaluation.

C. File III: Past Performance (Electronic File):

1. The Offeror shall describe its background, knowledge and experience related to performance IAW the Statement of

Work. Of particular emphasis is performance that was executed in accordance with the same or similar scope and magnitude that is described in the SOW. Past performance information is used in determining the level of confidence the Government has for successful performance based upon the Offeror’s actions under previously awarded, relevant contracts.

2. The Offeror shall submit past or current contracts (including Federal, State, Local Government, and private sector) performed within the past 5 years that are similar in scope and complexity to the requirement described in this solicitation. If an Offeror or its subcontractor determines they have no past performance data, they shall provide the following statement in lieu of the information requested below: “(Insert Offeror or subcontractor’s name) has determined that they possess no past performance information in accordance with the solicitation.”

3. The Offeror may submit up to five (5) references for work performed that is relevant and similar in scope to this requirement. If references are submitted, Offeror must include the following information for each reference:

a. Name

b. Telephone number

c. Email address

d. A brief description of the work performed

4. The Government shall only consider…