SP7000-22-R-1002.pdf

RFP SP7000-22-R-1002: Combined Synopsis/Solicitation Page 1 of 51

1. General

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Subpart 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Products, FAR Part 12 and FAR Part 15 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This solicitation is issued as a Request for Proposal (RFP) number SP7000-21-R-1002.

This acquisition is UNRESTRICTED. The associated North American Industrial Classification System (NAICS) is 532420 and the Product Service Code (PSC) is W074. This notice incorporates clauses and provisions in effect through Federal Acquisition Circular (FAC) 2022-06 effective 26 May 2022, Defense Federal Acquisition Regulation Supplement (DFARS) Change and effective date 26 May 2022 and Defense Logistics Acquisition Directive (DLAD) Revision 5 current to 31 March 2022. Defense Priorities and Allocations Systems (DPAS) are not applicable to this solicitation.

The Government anticipates awarding Multiple Indefinite Delivery Indefinite Quantity (IDIQ) firm fixed price contracts to the up-to five (5) vendors that submit the Lowest Priced Technically Acceptable (LPTA) Proposals, subject to network testing and approval. Any award resulting from this solicitation will be issued on a Standard Form (SF) 1449. Network testing will be conducted by the Government in-accordance-with (IAW) the Performance Work Statement (PWS). If network testing of all of the up-to five (5) LPTA vendors’ devices is completed early the Government reserves the right to change the proposed PoP start date to an earlier date than the PoP start date proposed in this RFP and if testing takes longer the PoP start date will move to a later date than the PoP start date proposed in this RFP. The Government will start competing task orders, via Reverse Auction (RA), once all awardees’ devices successfully pass DLA’s network testing for those customers that do not require Navy One-Net devices.

Subsequently, DLA will start competing task orders for Navy One-Net devices, via RA, once all awardees’ devices pass One-Net testing. All vendors issued a multiple award IDIQ shall be able to accept option CLINs for any and all service CLINs on subsequent task orders awarded.

2. Requirement Description

The Defense Logistics Agency (DLA) seeks to enter into a Multiple award Indefinite Delivery Indefinite Quantity (IDIQ) contracts with a maximum program ceiling of $46 Million for the up to 60-month lease of A3 Multifunctional Devices (MFDs), accessories and office document devices (hereafter collectively referred to as “devices”) Outside the Contiguous United States (OCONUS) – JAPAN. Specific details are found in sections II and III of the Performance Work Statement (PWS). Once the maximum program ceiling is met there will be no further task orders issued.

The services associated with the leased devices sought are delivery and installation (section IV), end-user training (section V), full service maintenance, including all consumable supplies (excluding paper), (section VI), relocation (section VII), technical refresh (section VIII), removal (section IX), reports (section X), network functionality (section XII), and network security (section XIII). (See Attachment 1 – Performance Work Statement (PWS) for complete requirement details).

3. Estimated Period of Performance

The IDIQ will have an up to 60 month ordering period from time of award. The estimated period of performance is January 1, 2023 – December 1, 2027 (This date may change upon testing of devices).

4. Delivery

Will be listed on each Task Order (TO)

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5. Minimum and Maximum Ordering Amounts

The maximum program ceiling is $46 Million and the guaranteed minimum program ceiling for the entire life of the up-to five (5) multiple award IDIQs is $3,750.00. The guaranteed minimum of $3,750.00 is for each of the up-to five IDIQ contracts awarded. The minimum for each task order is $2,500.00. Once the maximum program ceiling is met there will be no further task orders issued.

6. Important Dates

Solicitation Release Date: 7/20/2022 Round 1 Questions Submissions Due: 7/28/2022 no later than 1:00 PM Eastern Daylight Time (EDT).

Round 2 Questions Submissions Due: 8/05/2022 no later than 1:00 PM EDT.

Solicitation Close Date: 8/26/2022 no later than 1:00 PM EDT.

A maximum of two rounds of questions will be allowed by the Government and any questions submitted beyond the two rounds of questions will not be considered by the Government. Submit your questions on or before the due dates stated above to the Government points of contact listed below (via e-mail) on Attachment 7 – Question and Comment Form. Answers to questions will be posted to Sam.gov’s Federal Business Opportunities (FBO) application within seven (7) business days after question due dates.

Submit your proposal on or before the due date stated above to the Government points of contact listed below (via e-mail).

7. Points of Contact

Please submit correspondence in conjunction with this solicitation to the point of contact listed below.

Primary POC: Secondary POC:

Contracting Specialist: Gaurang Patel Contracting Officer: John Lingrel E-mail address: Gaurang.Patel@dla.mil E-mail address: John.lingrel@dla.mil mailto:Gaurang.Patel@dla.mil mailto:John.lingrel@dla.mil

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FAR 52.212-1 – Addendum

Proposal Submission

Proposals must be submitted electronically only to the points of contacts listed above. Proposals must be submitted in English and in United States Dollars. It is the vendor’s responsibility to ensure that their electronic correspondence and/or proposal information has been received by the Government. Any proposals received after the closing date and time will be late and will not be accepted. In accordance with (IAW) FAR 52.212-1(g) the Contracting Officer reserves the right to make award without discussions. IAW FAR 52.212-1(e) interested vendors may submit multiple offers; however, the Government will only award one IDIQ per vendor to the up-to five (5) vendors that submit the LPTA proposals, subject to network testing and approval. Also, this requirement is being solicited on an all or nothing basis so any vendor proposal received by the Government that does not provide for all CLINs will be determined to be non-responsive, will not be evaluated further and will be removed from consideration for award.

Vendors shall submit the proposal in five (5) different parts: Cover Page, Technical, Past Performance, Pricing, and Offeror Representations and Certification. Please include the following statement on every page for Parts II, III, and IV of your proposal: “SOURCE SELECTION INFORMATION – SEE FAR

2.101 and FAR 3.104.”

Part I – Cover Page

a. Offeror Company Name

b. Offeror CAGE code

c. Offeror mailing address

d. Offeror POCs

e. Offeror POC Job Title

f. Offeror POC phone number

g. Offeror POC e-mail address

h. Proposal Expiration Date

Part II – Technical (See Attachment 1 – PWS and Attachment 4 - PWS Compliance Form) Part III - Past Performance. Indicate prior past performance, if applicable.

Part IV – Pricing (See Attachment 3 - CLIN structure) Part V - Offeror Representations and Certifications (See Attachment 5 for FAR clause 52.212-3):

Attachments

Attachments

Title

Pages

Performance Work Statement (PWS)

Procurex Reverse Auction Instructions

CLIN Structure Note: Submit a completed copy of Attachment 3 with your

Proposal.

- Vendors SHALL indicate the Device manufacturer per CLIN and model number per CLIN.

PWS Compliance Form

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4 Note: Vendors SHALL submit a COMPLETED copy of Attachment 4 with their Proposal.

- Vendors SHALL provide the specifications for each Device model number submitted.

Offeror Representations and Certifications (FAR provision 52.212-3)

Note: Vendors SHALL submit a COMPLETED copy of this provision with their Proposal.

6 Quality Assurance Surveillance Plan (QASP) 6

Question and Comment Form

PLEASE NOTE: FAILURE TO SUBMIT ANY OF THE INFORMATION REQUIRED BY THIS

SECTION MAY RESULT IN A NON-RESPONSIVE DETERMINATION.

Period for acceptance of offers

The offeror agrees to hold the prices in its offer firm for 300 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

Vendors shall submit a COMPLETED copy of provision 52.212-3 with their proposal in order to be considered responsive. The vendor shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.sam.gov. If the vendor has not completed the annual representations and certifications electronically, the vendor shall complete only paragraphs (c) through (r) of this provision.

Part II – Technical

Offerors shall submit one (1) original copy and one (1) redacted version. (The redacted version is used during the technical evaluation and, therefore, it should be without company logo, identifying marks, and names. Failure to provide a redacted copy may result in a non-responsive determination. The Government will validate Offeror’s redacted company information but will not make changes to the Offeror’s provided redacted proposal either to add or delete redacted text/graphics/etc.).

The offeror must demonstrate compliance with ALL the Technical Requirements set forth in the Performance Work Statement. Offerors must provide a signed copy of Attachment 4 - Performance Work Statement Compliance Form and a completed PWS Appendix #5 – Accessibility Conformance Report for each device as part of their solicitation response. Failure to provide these documents as part of the offeror’s solicitation response will result in the offeror being found to be non-responsive and the offeror’s proposal will not be evaluated further.

Additionally, all offerors that are not Original Equipment Manufacturers (OEMs) and are instead dealers/distributors shall submit signed documentation from the OEM stating they are authorized to provide devices in the OCONUS – JAPAN region stated in this RFP. Also, the Government reserves the right to verify this signed documentation with the OEM is valid. Any offeror that is acting as a dealer/distributor and not an OEM that does not provide this documentation prior to the response date and time stated in this RFP or is determined by the Government to providing documentation that is not valid http://www.sam.gov/

RFP SP7000-22-R-1002: Combined Synopsis/Solicitation Page 5 of 51 will be determined to be non-responsive, will not be evaluated further and will be removed from consideration for award.

Part III – Past Performance

Offeror is required to submit information, on a single page, identifying federal, and/or state and/or local Government and/or private contracts performed within the past three years, which are similar in scope and complexity to the effort described in this solicitation. In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror shall state “no past performance information available.”

Submit no more than three (3) customer references for work performed that is relevant and similar in scope to this requirement. Include reference names, telephone numbers, email addresses, and a brief description of the work performed. Any submission(s) in excess of this stated limit will be excluded by the Government. The Government will choose the excluded contract(s) at random, or in any manner that the Government, in their absolute discretion, deems appropriate, without any consideration for the best interests of the Offeror. If subcontractor contracts are submitted, the Offeror must also clearly indicate the percentage of work that the subcontractor(s) performed under each task/category of effort throughout the course of the contract.

The following information shall be included for each reference provided:

1. Customer;

2. Contract/Task Order number;

3. Contract type;

4. Program name;

5. Total contract value;

6. Description of work performed / relevance to this task, provided in ‘bullet’ format;

7. Names / telephone numbers / e-mail for the Procuring Contracting Officer (PCO) Data Production Services POC

In addition, the contracting officer will review the System for Award Management (SAM), the Federal Awardee Performance and Integrity Information System (FAPIIS), and the Past Performance Information Retrieval System (PPIRS) repositories in accordance with FAR 9.104-6(a), to determine contractor responsibility prior to making any award.

Part IV – Pricing

Offerors are required to submit a price proposal for the total five (5) year ordering period addressing all pricing involved in the execution of the technical requirements set forth in the solicitation.

Proposed prices shall be entered on a spreadsheet file (unlocked) readable in Microsoft Office Excel format. Please include a copy of the SF1449 – CONTINUATION SHEET with the Contract Line Item (CLIN) Unit Prices and, for evaluation purposes, the Total Prices filled in (Supplies and/or Services and Prices and/or Costs). The offeror must submit a single unit price in Column J’s “Unit Price” for each CLIN listed in Attachment 3 - CLIN Structure. Attachment 3 – CLIN Structure will then auto calculate each CLIN’s total based upon the estimated quantities and weighted percentages listed. This spreadsheet will also auto calculate the 60-month evaluation total in cell L52.

All price and price supporting information shall be contained in Part IV and the price/cost proposal.

No price or pricing information shall be included in any other technical part including cover letters.

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The Offeror is responsible for submitting sufficient information to enable the Government to fully evaluate their price/cost proposal.

Part V - Offeror Representations and Certifications with proposal (FAR 52.212-3).

This part shall contain all information regarding Offeror’s Representations and Certifications or a validation that System for Award Management (SAM) registration information is up to date and includes all the necessary representations and certifications. Only one (1) original copy shall be submitted for Part V. This information will be used in the responsibility determination required by FAR 9.103(a).

Proposal Format.

Offerors shall prepare and submit their proposals as set forth in Table 1. The titles and contents of the sections are defined in Table 1 of this document and with the number of copies specified in the table.

An electronic copy of all documents (technical, past performance information list and price) shall be submitted. Proposals shall be prepared using “Arial” or “Times New Roman” 11-point font style on 8½ x 11 inch. Tables and illustrations may use a reduced font style, not less than 8 points. Margins shall be one (1) inch on all sides. All material submitted may be single-spaced. Offerors should ensure that each page provides identification of the submitting Offeror in the header or footer.

Table 1 – Required Format for RFP

Part Title Format Copies I Cover Page Microsoft Word or PDF 1 Original/1 Redacted II Technical Microsoft Word or PDF 1 Original/1 Redacted III Past Performance Microsoft Word or PDF 1 Original/1 Redacted IV Price Proposal Microsoft Excel 1 Original V Offeror’s Representations and Certifications

Microsoft Word or PDF 1 Original

Please include the following statement on every page for Parts II, III, and IV and V of your proposal: “SOURCE SELECTION INFORMATION – SEE FAR 2.101 and FAR 3.104.”

(End of Provision)

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FAR 52.212-2 – Addendum

Evaluation Criteria

The evaluation method that will be utilized is Lowest Priced Technically Acceptable (LPTA) in accordance with FAR 15.101-2. Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. The Government intends to evaluate and make awards without discussions unless discussions are determined to be necessary. The evaluation criteria are as follows: Price, Technical Capability, and Past Performance.

Up to five (5) IDIQ contracts will be issued to the five (5) offerors that have the Lowest Priced Technically Acceptable proposals, subject to network testing and approval.

EVALUATION FACTORS:

Factor 1: Technical

Factor 2: Past Performance

Factor 3: Pricing

The offerors proposals will be evaluated for the IDIQ period in its entirety. When “the PWS” is referenced in the factors below, it refers to the IDIQ in its entirety unless stated otherwise.

1. FACTOR 1 - TECHNICAL

Technical Approach

Technical Approach Instruction to Offerors:

Up-to five (5) IDIQ contracts will be issued to the offerors that have the Lowest Priced Technically Acceptable proposals, subject to network testing and approval. The Government will evaluate all offerors’ proposals in being in compliance with all the technical requirements set forth in the PWS.

Technical Approach Evaluation of Offers:

The Government will evaluate the offeror’s ability to meet all technical requirements for proposed A3 Multifunctional Devices (MFD) equipment and associated services required. The Government will evaluate the offeror’s proposed A3 Multifunctional Devices (MFD) equipment and associated services for meeting all specific technical requirements in-accordance-with the PWS.

Technical Ratings

Acceptable: Proposal meets the requirements of the solicitation.

Unacceptable: Proposal does not meet the requirements of the solicitation.

2. FACTOR 2 - PAST PERFORMANCE

Past Performance Evaluation Criteria

Past performance shall be used as an evaluation factor within the LPTA process, unless waived by the Procurement Contracting Officer, in accordance with FAR 15.101-2(b). Past performance shall be evaluated in accordance with FAR 15.305 and DFARS 215.305. However, the comparative assessment in

RFP SP7000-22-R-1002: Combined Synopsis/Solicitation Page 8 of 51

FAR 15.305(a)(2)(i) does not apply. Therefore, past performance will be rated on an “acceptable” or “unacceptable” basis using the ratings below. Acceptable: Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. Unacceptable: Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort. Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305(a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

Past Performance Ratings

Acceptable: Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable: Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

3. PRICING

Price Proposal Evaluation of Offerors:

The price proposals will be evaluated for total price proposed from each offeror. The Pricing Team plans to determine pricing fair and reasonable based on competition in accordance with FAR 15.404-1(b)(2)(i).

In addition to competition, in order to ensure a fair and reasonable price, the Pricing Team may use other available price analysis techniques in accordance with FAR 15.404-1(b)(2), such as:

-Comparison of proposed prices to historical prices paid.

-Comparison of proposed prices with Independent Government Cost Estimates.

-Comparison of proposed prices with prices obtained from market research for the same or similar items.

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Clauses Incorporated by Reference

FAR 52.252-2 CLAUSES 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):

Regulations URLs: (Click on the appropriate regulation.)

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

(End of Clause)

FAR 52.202-1 DEFINITIONS (JUN 2020)

FAR 52.203-3 GRATUITIES (APR 1984)

FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT

(ALTERNATE I) (NOV 2021)

FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (JUN 2020)

FAR 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT

(NOV 2021)

FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHITSLEBLOWER

RIGHTS (JUN 2020)

FAR 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 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER

(MAY 2011)

FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

FAR 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011)

FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

(AUG 2020)

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 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (NOV 2021)

FAR 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS (NOV 2015)

FAR 52.212-4 CONTRACT TERMS AND CONDTIONS – COMMERCIAL ITEMS (NOV

2021)

FAR 52.216-18 ORDERING (AUG 2020)

FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)

FAR 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)

http://www.acquisition.go/ http://www.acq.osd.mil/dpap/dars/dfarspgi/current/ http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

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FAR 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN

SERVICE AND CONTRUCTION CONTRACTS (AUG 2018)

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 52.232-17 INTEREST (MAY 2014)

FAR 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

FAR 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (NOV 2021)

FAR 52.233-1 DISPUTES (MAY 2014)

FAR 52.242-13 BANKRUPTCY (JUL 1995)

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

FAR 52.246-4 INSPECTION OF SERVICES – FIXED PRICE (AUG 1996)

FAR 52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)

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

FAR 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

FAR 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

DFARS 252.201-7000 CONTRACTING OFFICER’S REPRESENTATIVE (DEC 1991)

DFARS 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS (SEP 2011)

DFARS 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS (SEP 2013)

DFARS 252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019)

DFARS 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT

(APR 1992)

DFARS 252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (FEB

2019)

DFARS 252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY

CONTRACTOR REPORTED CYBER INCIDENT INFORMATION (OCT

2016)

DFARS 252.204-7014 LIMITATIONS ON THE USE OR DISCLOSURE OF INFORMATION BY

LITIGATION SUPPORT CONTRACTORS (MAY 2016)

DFARS 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR

LITIGATION SUPPORT (MAY 2016)

DFARS 252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2021)

DFARS 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT

HOLDERS (DEC 1991)

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 (MAY 2019)

DFARS 252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2022)

DFARS 252.215-7013 SUPPLIES AND SERVICES PROVIED BY NONTRADITIONAL DEFENSE

CONTRACTORS (JAN 2018)

DFARS 252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) –

BASIC (DEC 2019)

DFARS 252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)

DFARS 252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM (JUN 2022)

DFARS 252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (MAR 2022)

DFARS 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR 2022)

DFARS 252.225-7013 DUTY-FREE ENTRY (MAR 2022)

RFP SP7000-22-R-1002: Combined Synopsis/Solicitation Page 11 of

DFARS 252.225-7021 TRADE AGREEMENTS—BASIC (DEVIATION 2020-O0019) (JUL 2020)

DFARS 252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE

CONTRACTORS OUTSIDE THE UNITED STATES (JUN 2015)

DFARS 252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013)

DFARS 252.225-7051 PROHBITION ON ACQUISITION OF CERTAIN FOREIGN COMMERCIAL

SATELLITE SERVICES (SEP 2021)

DFARS 252.225-7972 PROHIBITION ON THE PROCUREMENT OF FOREIGN-MADE

UNAMMEND AIRCRAFT SYSTEMS (DEVIATION 2020-O0015) (MAY

2020)

DFARS 252.225-7976 CONTRACTOR PERSONNEL PERFORMING IN JAPAN

(DEVIATION 2018-O0019) (AUG 2018)

DFARS 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED

ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN SMALL

BUSINESS CONCERNS (APR 2019)

DFARS 252.227-7015 TECHNICAL DATA – COMMERCIAL ITEMS (FEB 2014)

DFARS 252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA

(APR 2022)

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

DFARS 252.232-7011 PAYMENTS IN SUPPORT OF EMERGENCIES AND CONTINGENCY

OPERATIONS (MAY 2013)

DFARS 252.232-7017 ACCELERATING PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS – PROHIBITION ON FEES AND CONSIDERATION

(APR 2020)

DFARS 252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR

PERSONNEL (JUN 2013)

DFARS 252.239-7010 CLOUD COMPUTING SERVICES (OCT 2016)

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

DFARS 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2021)

DLAD 52.204-9000 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (JUL 2015)

Full Text Clauses

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

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

Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, 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 and

108-78 ( 19 U.S.C. 3805 note)).

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

Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate

I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 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 (Jun 2020) (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. (Nov 2021) ( 31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) ( 15 U.S.C.

657a).

X (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved] __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

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

(3)).

X (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) ( 15 U.S.C. 637(d)(4)).

RFP SP7000-22-R-1002: Combined Synopsis/Solicitation Page 13 of

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

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2021) of 52.219-9.

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C.

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

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep

2021) ( 15 U.S.C. 657f).

__ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) ( 15

U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (Sep 2021) ( 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 (Sep 2021) ( 15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C.

644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)).

__ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022)

(E.O.13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

X (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

X (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

X (33) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

X (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and

E.O. 13627).

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

__ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (37) (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.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

RFP SP7000-22-R-1002: Combined Synopsis/Solicitation Page 14 of

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

X (40) (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.

__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

X (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C.

8259b).

__ (43) (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 (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun

2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

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

__ (48) 52.225-1, Buy American-Supplies (Nov 2021) ( 41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) ( 41

U.S.C.chapter83, 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 (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (Oct 2019) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007)

( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial

Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services

(Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(Oct2018) ( 31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) ( 31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332).

X (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

X (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (

46 U.S.C. 55305 and 10 U.S.C. 2631).

RFP SP7000-22-R-1002: Combined Synopsis/Solicitation Page 15 of

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

__ (iii) Alternate II (Nov 2021) of 52.247-64.

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

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42

U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work 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

RFP SP7000-22-R-1002: Combined Synopsis/Solicitation Page 16 of the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509).

(ii) 52.203-19, 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 (Nov 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub.

L. 115-232).

(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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

(xi) 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.

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and

E.O 13627).

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

RFP SP7000-22-R-1002: Combined Synopsis/Solicitation Page 17 of

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Requirements (May2014) ( 41 U.S.C. chapter 67).

(xv) 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).

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan

2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

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

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

(xx) 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).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42

U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (

46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

FAR 52.216-19 ORDER LIMITATIONS (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than the micropurchase threshold as defined by FAR 2.101 Class Deviation 2018-O0018, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor --

(1) Any order for a single item in excess of $37,000,000.00 [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of $37,000,000.00 [insert dollar figure or quantity]; or

RFP SP7000-22-R-1002: Combined Synopsis/Solicitation Page 18 of

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 60 months after contract award or when the program maximum dollar amount is reached; whichever comes first.

(End of Clause)

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)

RFP SP7000-22-R-1002: Combined Synopsis/Solicitation Page 19 of

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 60 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 days; 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 60 months.

(End of Clause)

FAR 52.232-19 AVAILBILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond TBD on Delivery or Task Orders. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for…