SP7000-23-Q-1034.pdf

Solicitation Number: SP7000‐23‐Q‐1034

General

ISSUING OFFICE: DLA Contracting Services Office (DCSO), 5404 J Ave, New Cumberland, PA 17070

This is a combined synopsis/solicitation for commercial items and commercial services prepared in accordance with the format in Subpart 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services, in conjunction with FAR Subpart Part 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. This is a Request for Quotation (RFQ) and the solicitation number is SP7000-23-Q- 1034.

This requirement is being solicited on an Other than Full and Open basis. The Government intends to negotiate directly with Trident E&P LLC under the authority at FAR Subpart 13.5(a)(ii) in accordance with 41 U.S.C. 1901. All responsible sources may submit quotations which shall be considered by the agency. The associated North American Industrial Classification System (NAICS) code is 532420. The small business size standard is $40,000,000.00. The Federal Supply Class code is W074.

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2023-02 effective 16 MAR 2023, Defense Federal Acquisition Regulation Supplement (DFARS) Publication Notice (DPN) 20230301 effective 01 MAR 2023, Defense Logistics Acquisition Directive (DLAD) Updated 01 FEB 2023, PROCLTR 2023-05 effective 13 MAR 2023.

Defense Priorities and Allocations Systems (DPAS) are not applicable to this solicitation. Any award resulting from this solicitation will be issued on a Standard Form (SF) 1449.

Requirement Description

DCSO-P New Cumberland has a requirement for a continued up to 5-month lease of 940 Multi- Functional Devices (MFDs) with associated maintenance services for OCONUS – Germany. Required Services are in accordance with the Performance Work Statement applicable to SP7000-21-P-0064 and include lease support to include full-service maintenance, all consumable supplies (excluding paper), key operator training, networking functionality, security accreditation along with technical and network installation support, and removals. See Attachment 1 – Device List for the list of devices currently leased under SP7000-21-P-0064 that require continued lease and maintenance support services.

Period of Performance:

Base Period: 04/01/2023 – 07/31/2023 (4 months) Option Period: 08/01/2023 – 08/31/2023 (1 month)

Attachments:

Attachment 1 – Device List Attachment 2 – Schedule of Supplies and Services Attachment 3 – Full Text Provisions

Points of Contact Primary POC: Secondary POC:

Contracting Specialist: Angie Graff Contracting Officer: Matthew O’Brien E-mail address: angeline.graff@dla.mil E-mail address: matthew.obrien@dla.mil

Addenda to FAR 52.212-1 Instructions To Offerors – Commercial Products And Commercial Services (NOV 2021)

The following (2) paragraphs under referenced provision FAR 52.212-1 are hereby deleted:

(e) Multiple offers

(h) Multiple awards

Quote Submission Instructions:

Quote must be submitted electronically only to the points of contact listed above by 27 March 2023, 3:00 PM Eastern Daylight Savings Time (EDT).

The quote shall be submitted in (3) different files: Technical Capability, Pricing, and Administrative Matters.

Part I – Technical Capability To be compliant with this factor, the offeror shall provide affirmation that services will continue to be performed in accordance with the Performance Work Statement applicable to SP7000-21-P-0064.

Part II – Pricing See Attachment 2 – Schedule of Supplies and Services. Enter the Monthly Unit Price in Column F for each line item (CLIN 0001 – 0023) Note: Cells in the spreadsheet contain formulas which must not be altered. Formulas in the spreadsheet will calculate the extended monthly price for each CLIN, then the 5-month total will calculate at the bottom of the spreadsheet in the Total Price cell (G28).

Part III – Administrative Matters

1. Cover Letter with the following Information:

Solicitation Number, Company Name, CAGE code, address as it appears in System for Award Management, Point of Contact (POC), POC phone number, and e-mail address

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

3. Submit a completed copy of the provisions in Attachment 3 – Full Text Provisions.

Addenda to FAR 52.212-2 – Evaluation—Commercial Products And Commercial Services (NOV 2021)

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. In addition to price, the non-price factors identified below shall be used to evaluate the offeror’s quotation. The Government intends to award a single firm fixed price contract to Trident E&P LLC if they are determined to be responsible in accordance with FAR 9.104, receive an acceptable rating for technical and past performance factors, and their quoted price has been determined to be fair and reasonable by the Contracting Officer.

The following non-price factors shall be used to evaluate the offeror’s quote: Technical Capability and Past Performance.

Factor 1 Technical Capability: The quoter’s Technical Capability submission shall be evaluated on an Acceptable/Unacceptable basis. To be determined acceptable, the quoter must have provided affirmation that services will continue to be provided in accordance with the Performance Work Statement applicable to purchase order SP7000-21-P-0064.

Factor 2 Past Performance: Past Performance will be rated on an acceptable/unacceptable basis.

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

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

The contracting officer will consider past performance information obtained from any sources available to the Government, to include, but not limited to, System for Award Management (SAM), Contractor Performance Assessment Reporting System (CPARS), the Federal Awardee Performance and Integrity Information System (FAPIIS) and other databases, interviews with Managers, Officials, or Contracting Officers.

Price Quote: In accordance with FAR 13.106-3(a), the offeror’s quote will be evaluated for fairness and reasonableness utilizing price analysis techniques.

A written notice of award or acceptance of an offer, e-mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

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 full text available. Also, the full text of a clause may be accessed electronically at this address:

FAR‐ FAR | Acquisition.GOV DFARS ‐ https://www.acq.osd.mil/dpap/dars/dfarspgi/current/ DLAD ‐ http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

(End of Clause)

Addenda to FAR 52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services (DEC 2022):

CLAUSES INCORPORATED BY REFERENCE:

FAR 52.203-3 Gratuities FAR 52.203-12 Limitation on Payments to Influence Certain

Federal Transactions FAR 52.203-19 Prohibition on Requiring Certain Internal

Confidentiality Agreements or Statements

FAR 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

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 52.212-4 Contract Terms and Conditions - Commercial

Products and Commercial Services (DEC 2022) FAR 52.222-29 Notification of Visa Denial FAR 52.229-6 Taxes – Foreign Fixed-Price Contracts FAR 52.232-1 Payments FAR 52.232-8 Discounts for Prompt Payment 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 52.242-13 Bankruptcy FAR 52.247-34 F.O.B. Destination FAR 52.252-6 Authorized Deviations in Clauses FAR 52.253-1 Computer Generated Forms DFARS 252.203-7000 Requirements Relating to Compensation of

Former DoD Officials DFARS 252.203-7002 Requirement to Inform Employees of

Whistleblower Rights DFARS 252.203-7003 Agency Office of the Inspector General DFARS 252.204-7003 Control of Government Personnel Work Product 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 and Cyber Incident Reporting

DFARS 252.204-7014 Limitations on the Use or Disclosure of Third- Party Contractor Reported Cyber Incident Information

DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

DFARS 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders

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 252.223-7008 Prohibition of Hexavalent Chromium DFARS 252.225-7012 Preference for Certain Domestic Commodities 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 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

DFARS 252.232-7008 Assignment of Claims (Overseas) DFARS 252.232-7010 Levies on Contract Payments DFARS 252.232-7017 Accelerating Payments to Small Business

Subcontractors—Prohibition on Fees and Consideration

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 (Deviation 2018-O0020) DFARS 252.243-7001 Pricing of Contract Modifications DFARS 252.243-7002 Requests for Equitable Adjustment DFARS 252.244-7000 Subcontracts for Commercial Items DFARS 252.246-7008 Sources of Electronic Parts DFARS 252.247-7023 Transportation of Supplies by Sea

Clauses incorporated in Full Text:

FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services (DEC 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).

(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) (i) 52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a)

(12) (i) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (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).

(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 2022) (15 U.S.C. 637(d)(2) and (3)).

(17) (i) 52.219-9 Small Business Plan (Oct 2022) (15 U.S.C. 637 (d)(4)).

(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 (OCT 2022) (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 (Oct 2022) (15 U.S.C. 657f).

(22) (i) 52.219-28 Post Award Small Business Program Rerepresentation (Oct 2022) (15 U.S.C. 632(a)(2)).

(ii) Alternate (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 (Oct 2022) (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 (Oct 2022) (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)).

X (27) 52.222-3 Convict Labor (June 2003) (E.O. 11755).

X (28) 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Dec 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).

X

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

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

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

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

793).

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

(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).

X

(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). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of Commercial Products and Commercial Services as prescribed in 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.)

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

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

(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) 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 (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 (Jun 2016) (E.O. 13696).

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

(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 (DEC

2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 Reserved

(iii) Alternate II (Dec 2022) of 52.225-3.

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

(v) Alternate IV (Oct 2022 of 52.225-3.

(50) 52.225-5 Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (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. Subtitle A, Part V, Subpart G Note).

(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 (Nov 2007) (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

(Oct 2018) (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)(12)).

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

2021) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

(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. chapter 67.).

(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) (29 U.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 Under Executive Order 13658 (Jan 2022) (E.O. 13658).

(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 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 2022) ( 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).

(xiv) 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).

(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. Subtitle A, Part V, Subpart G 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 52.217-9 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 5 months.

DFARS 252.232-7006 -- Wide Area Workflow Payment Instructions (JAN 2023)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

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

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

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

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation 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.

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

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

____________Invoice 2in1________________________________________________ (Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

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

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

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

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

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

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC SL4701 Issue By DoDAAC SP7000 Admin DoDAAC** SP7000 Inspect By DoDAAC Ship To Code SA7031 Ship From Code Mark For Code 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.

Paul Beran at email: Paul.Beran@dla.mil

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

(End of clause)

DLAD Procurement Notes DLAD C03 Contractor Retention of Supply Chain Traceability Documentation (JUN 2020)

(1) By submitting a quotation or offer, the contractor, if it is not the manufacturer of the item, is confirming it currently has, or will obtain before delivery, and shall retain documented evidence (supply chain traceability documentation), as described in paragraph (2) of this procurement note, demonstrating the item is from the approved manufacturer and conforms to the technical requirements.

(2) At a minimum, the supply chain traceability documentation for the item shall include: basic item description, part number and/or national stock number, manufacturing source, manufacturing source’s Commercial and Government Entity (CAGE) code, and clear identification of the name and location of all supply chain intermediaries between the manufacturer to the contractor to item(s) acceptance by the Government. The documentation should also include, if available, the manufacturer's batch identification for the item(s), such as date codes, lot codes, or serial numbers.

(3) Contractors can find examples of acceptable supply chain traceability documentation at the Counterfeit Detection and Avoidance Program (CDAP) website (http://www.dla.mil/LandandMaritime/Business/Selling/Counterfeit-Detection-AvoidanceProgram/).

(4) The contractor shall immediately make documentation available to the contracting officer upon request. The contracting officer determines the acceptability and sufficiency of documentation. The contractor shall retain supply chain traceability documentation for six years after final payment under this contract for audit and other valid government purposes. If the contractor fails to retain or provide the documentation, or the contracting officer finds the documentation to be unacceptable, the contracting officer may take corrective action, including, but not limited to, cancellation of undelivered orders or rejection of delivered supplies.

DLAD H11 - Section 508 Requirements (OCT 2020)

Contractors shall comply with the Section 508 Accessibility requirements in this contract and the current revision of the Voluntary Product Accessible Template (VPAT) Rev 508 at https://www.itic.org/policy/accessibility/vpat (copy website address into browser) as stated in their quote, for the duration of contract performance.

(End of Clause)

FAR 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 address:

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

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 for 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 52.204-26 Covered Telecommunications Equipment or Services-

Representation FAR 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations—Representation FAR 52.212-1 Instructions to Offerors -- Commercial Products and

Commercial Services FAR 52.212-2 Evaluation -- Commercial Products and Commercial

Services FAR 52.214-34 Submission of Offers in the English Language FAR 52.214-35 Submission of Offers in U.S. Currency FAR 52.217-5 Evaluation of Options FAR 52.222-22 Previous Contracts and Compliance Reports FAR 52.222-25 Affirmative Action Compliance 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— Representation and Certifications

FAR 52.252-5 Authorized Deviations in Provisions DFARS 252.203-7005 Representation Relating to Compensation of Former

DOD Officials DFARS 252.204-7008 Compliance with Safeguarding Covered Defense

Information Controls DFARS 252.204-7016 Covered Defense Telecommunications Equipment or

Services—Representation (Dec 2019 DFARS 252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services-- Representation

DFARS 252.215-7008 Only One Offer DFARS 252.225-7974 Representation Regarding Business Operations with the

Maduro Regime (Deviation 2020-O0005) DFARS 252.239-7017 Notice of Supply Chain Risk DFARS 252.247-7022 Representation of Extent of Transportation by Sea DFARS 252.225-7974 Representation Regarding Business Operations with the

Maduro Regime (Deviation 2020-O0005)

FAR 52.216-1 – Type of Contract (APR 1984)

The Government contemplates award of a Firm Fixed Price (FFP) purchase order.

DFARS 252.239-7098 -- Prohibition On Contracting To Maintain Or Establish A Computer Network Unless Such Network Is Designed To Block Access To Certain Websites—Representation (DEVIATION

2021-O0003)(APR 2021)

(a) In accordance with section 8116 of Division C of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260), or any other Act that extends to fiscal year 2021 funds the same prohibitions, none of the funds appropriated (or otherwise made available) by this or any other Act for DoD may be used to enter into a contract to maintain or establish a computer network unless such network is designed to block access to pornography websites. This prohibition does not limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities, or for any activity necessary for the national defense, including intelligence activities.

(b) Representation. By submission of its offer, the Offeror represents that it is not providing, as part of its offer, a quote to maintain or establish a computer network unless such network is designed to block access to pornography websites.

DLAD L29 -- Section 508 Requirements (OCT 2021)

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 current revision of the Voluntary Product Accessible Template (VPAT) Rev 508 at https://www.itic.org/policy/accessibility/vpat (copy website address into browser). 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.

DLAD H16 -- Operations Security (OPSEC) For On-Site Contractors (DEC 2021)

(1) Contractors shall complete the following courses: (a) Center for the Development of Security Excellence Operations Security (OPSEC) Awareness; (b) Unauthorized Disclosure of Classified Information for DoD and Industry; (c) Insider Threat Awareness; and (d) Introduction to Information Security courses. These courses are located at Security Awareness Hub (https://securityawareness.usalearning.gov/index.html).

(2) The courses identified at subparagraph (1) above are required for all contractors that perform work on-site at a DLA or DoD facility; or for contractors that perform work off-site and access a Federally-controlled information system.

(3) The contractor shall immediately direct its workforce who are performing services for the Government to take the training after contract award. The contractor shall provide evidence of this training to the contracting officer representative or the contracting officer no later than five business days after contract award or prior to accessing the installation or a Federally-controlled information system, whichever occurs first.

(4) Annual refresher training is required and consists of re-accomplishing all of the courses listed in subparagraph (1) above. The contractor shall keep certificates on record for inspection or submission as required by the Government at the Government’s discretion.

COMPLETE AND RETURN ATTACHMENT 3 – FULL TEXT PROVISIONS

End of Solicitation