SP7000-24-Q-1062.pdf

COMBINED SYNOPSIS SOLICITATION Page 1 of 23 SP7000-24-Q-1062

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

2. This is a Combined Synopsis/Solicitation for commercial products and commercial services prepared in accordance with (IAW) the format in Federal Acquisition Regulations (FAR) Subpart 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Products and Commercial Services; as supplemented with additional information included in this notice, and in conjunction with the FAR Part 13.5 Simplified Procedures for Certain Commercial Products and Commercial Services. This announcement constitutes the only solicitation. This is a Request for Quote (RFQ), and the solicitation number is SP7000-24-Q-1062

3. This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2024-06 effective 30 July, 2024; Federal Acquisition Regulation (FAR) effective 22 May 2024; Defense Federal Acquisition Regulation Supplement (DFARS) last Updated 29 July 2024; and Defense Logistics Acquisition Directive (DLAD) Revision 5 effective 10 June 2024

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

https://www.acquisition.gov/browse/index/far

4. This RFQ is being issued to establish a firm-fixed price (FFP) contract for an CD/DVD/Blu-Ray device that accepts 128 GB disks, including a label maker and 5-year warranty. All responsible sources may submit quotations via the POC email listed below.

5. DESCRIPTION OF REQUIREMENT: DLA seeks to enter into an FFP contract for an CD/DVD/Blu-Ray device that accepts 128 GB disks, including a label maker and 5-year warranty for DLA Document Services, Mechanicsburg, 5450 Carlisle Pike, Bldg. 6, Mechanicsburg PA 17050. All offered devices must meet requirements stated in the Performance Work Statement. See Attachment 1 – Statement of Work (SOW) for requirement details.

The Contracting Officer reserves the right to increase the quantity of some services at the awarded unit prices listed for each CLIN.

6. ATTACHMENTS:

Attachment 1 – Statement of Work (SOW) Attachment 2 – Full Text Provisions (Vendor COMPLETION Required)

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

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

9. This RFQ is a total small business set aside. The North American Industry Classification System (NAICS) code for this acquisition is 334310. The small business size standard is 750 Employees. The Product Supply Code (PSC) for this acquisition is 5836.

10. PERIOD OF PERFORMANCE:

Base Year: 01 October 2024 - 30 September 2025 Option Year 1: 01 October 2025 - 30 September 2026 Option Year 2: 01 October 2026 - 30 September 2027 Option Year 3: 01 October 2027 - 30 September 2028 Option Year 4: 01 October 2028 - 30 September 2029

REQUEST FOR QUOTES

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The current required period of performance start date is __01 October 2024_. If you cannot meet the required period of performance, please respond no later than 15 August 2024____ with the earliest start date possible. DLA will take this information into consideration.

11. SYSTEM FOR AWARD MANAGEMENT (SAM) – IAW FAR 52.204-7 System for Award Management

(OCT 2018),

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

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

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

12. INVOICING AND PAYMENT – Invoicing and Payment will be made via Wide Area Workflow (WAWF).

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

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

14. INSURANCE – Any required insurance certifications must be submitted to the Contracting Officer within ten (10) calendar days after the date of contract award.

15. PLACE OF PERFORMANCE: Mechanicsburg, PA USA

16. Quotes must be submitted for contract line items to be evaluated for a single contract award. Offerors who do not quote on ALL line items, shall not be considered. Interested contractors shall follow the instructions below at Addenda to FAR 52.212-1 to complete the attachment for each CLIN and total contract price.

17. Offerors must quote ONLY ONE specific model number for each CLIN in accordance with PWS requirements. Model substitutions are not permitted for a period of 6 (six) months after the award date. If a quoted model is unable to be supplied on time, the contract may be terminated, and award may be made to the next lowest offeror.

18. QUESTIONS: Offerors must submit any questions regarding this solicitation in writing via e-mail to The Contract Specialist, David.1.Purvis@DLA.MIL no later than 10:00 AM Eastern Time, 15 August 2024. Questions must be received by the Contract Specialist in adequate time to allow a written response prior to the quote due date. No remarks or written responses to questions by Government personnel shall change any of the terms or conditions of this RFQ. The solicitation can only be changed by a formal written amendment issued by DLA.

ADDENDA TO FAR 52.212-1 -- Instructions to Offerors -- Commercial Products and Commercial Services

(SEP 2023)

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

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 90 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

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

(d) Product samples;

and

(h) Multiple Awards

Instructions to Offerors:

QUOTE SUBMISSION INSTRUCTIONS:

Email is the ONLY authorized form for submission of quotes: David.1.Purvis@dla.mil or Tina.Grujic@dla.mil.

1. All quotes must be received by 10:00 AM EST on 27 August 2024 to be considered for award.

Email, facsimile and hard copy submissions of quotes will be accepted. Vendor is responsible for ensuring quote was received.

2. ORGANIZATION: The Offeror shall prepare the quote in the English language as set forth in the Quote Organization Table below. Quote shall be submitted as three separate electronic files as follows:

A. File I: Price Quote (Electronic File):

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

a. Solicitation number

b. Company Commercial and Government Entity (CAGE)

c. Company Unique Entity Identifier (UEI)

d. Company Name

e. Company Mailing address

f. Company Point of Contact (POC) name

g. POC Job Title

h. POC Telephone number

i. POC e-mail address

j. Authorized distributor/dealer confirmation letter from Original Equipment Manufacturer

(OEM)

2. The vendor shall enter the Manufacturer and Model Number for each CLIN. The vendor shall populate the Unit Price for each CLIN. (The Unit Price is the unit price for each device.) If more than one device is required, provide total price of all devices. If the CLIN is for maintenance, the unit of measure and price per unit of measure must be provided in the CLIN.

Prices in US Currency (Dollars, $) rounded to two decimal points

3. Completed certifications and representations located at FAR 52.212-3 of the RFQ Attachment 2- Full Text Provisions (Vendor COMPLETION required). All required/applicable check boxes must be marked, then return this document with quote submission to be considered responsive.

4. Signed Attachment 1 – Statement of Work and any Standard Form 30 - Amendment of Solicitation/Modification of Contract, if applicable must be returned with quote.

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

1. Vendors shall provide OEM specification sheets for each device model submitted.

2. Vendors shall provide Distributor Authorization Letter from OEM.

3. Vendors shall provide Trade Agreement Act compliance of devices submitted.

4. Vendors shall provide the Supply Chain Risk Management Documentation (To be clear, this includes the written Supply Chain Risk Management documentation from the OEM).

5. Vendors shall comply with Section 508 accessibility requirements and submit Voluntary Product

Accessible Templates (VPAT) for each device submitted with quote. NOTE: This document can be requested from the manufacturer.

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

1. The Offeror shall describe its background, knowledge and experience related to performance IAW the SOW. Of particular emphasis is performance that was executed IAW the same or similar scope and magnitude that is described in the SOW. Past performance information is used in determining the level of confidence the Government has for successful performance based upon the Offeror’s actions under previously awarded, relevant contracts.

2. The Offeror shall submit past performance information for past or current “Recent and Relevant” contracts (including Federal, State, Local Government, and private sector).

a. Recent contracts are defined as any contract under which any performance, delivery, or corrective action has occurred within the five (5) years prior to this RFQ issuance date, regardless of the award date.

b. Relevant is defined as present/past performance effort that involved similar complexity, technology, magnitude of effort, schedule, and scope of the requirement described in this RFQ.

If an Offeror or its subcontractor determines they have no Recent and Relevant past performance data, they shall provide the following statement in lieu of the information requested below:

“(Insert Offeror’s or subcontractor’s name) has determined that they possess no past performance information IAW the solicitation.”

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

a. Contracting Officer or Customer POC

b. Telephone number

c. Email address

d. A brief description of the work performed

4. The Government shall only consider recent and relevant past performance data. ***NOTE: If the offeror submits more than three (3) contract references, the Government will consider only the first three (3) references listed in the offeror’s submission.***

ADDENDA TO FAR 52.212-2 - Evaluation-Commercial Products and Commercial Services (NOV 2021) Award will be made to the Lowest Priced Technically Acceptable quote that meets all the requirements of the solicitation and is deemed responsible IAW the FAR, DFARS and DLAD. The requirements include all stated terms, conditions, completion of representations and certifications, and all other requirements of this solicitation. Technical tradeoffs will not be made, and no additional credit will be given for exceeding acceptability. Award will be made on an all-or-none basis.

Contractors are reminded that a Request for Quotation is expected to meet all requirements of the SOW.

The award decision process is being conducted under FAR Part 12 and FAR Part 13, wherein the Contracting Officer is permitted to engage in communications, that do not rise to the level of “discussion” or “negotiations”, with individual contractors.

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The Government reserves the right to evaluate quotes and may seek to award without asking for revised quotes or entering into substantive discussions. Accordingly, contractors are encouraged to provide their most realistic and competitive terms from a cost and technical standpoint with their initial quotes.

If the Contracting Officer does determine it is in the Government’s best interest to conduct communications with offerors, and a contractor is given an opportunity to correct any clerical errors and/or obvious mistakes in a quote, and after corrections, the quote is still determined to be unacceptable, such determinations will be cause for rejection of the quote. No offeror will be given more than three opportunities for correction of a quote. The Government reserves the right to make a final determination whether a quote is acceptable or unacceptable solely on the basis of the information submitted and proceed without requesting additional information.

The Contracting Officer may utilize Reverse Auctioning to conduct price discussions. If the Contracting Officer does not conduct a reverse auction, award may be made on initial offers or following discussions.

EVALUATION FACTORS

FACTOR 1: PRICE

FACTOR 1: PRICE

Technically acceptable quotes, found to have an acceptable record of past performance will be evaluated to determine the lowest price.

The price offered by the Contractor will be evaluated for fairness and reasonableness utilizing price analysis techniques. If additional information is required, the Government may request a breakdown of the price offered.

Award will be based on the lowest priced quote that meets or exceeds the acceptability standards for the non-cost factors.

Options. The Government will evaluate quote for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

Reverse Auctions: The Contracting Officer may utilize Reverse Auctioning to conduct price discussions. If the Contracting Officer does not conduct a reverse auction, award may be made on initial offers or following discussions.

A written notice of award or acceptance of an offer, 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 date, 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)

ITEM DESCRIPTION: CLIN 0001

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Base year procurement of CD/DVD/Blu-Ray device that accepts 128 GB disks, including label maker, with a 5 year warranty.

CD/DVD/Blu-Ray device.

$______ Device Price.

Year 1 warranty for CD/DVD/Blu-Ray device.

$ _____ Year one (1) Warranty

POP CLIN 0001: 10/01/2024 to 09/30/2025

ITEM DESCRIPTION: CLIN 1001

Year 2 warranty for CD/DVD/Blu-Ray device.

$ _____ Year two (2) Warranty

POP CLIN 1001: 10/01/2025 to 09/30/2026

This line item is an option in accordance with the terms and conditions of the solicitation/award.

ITEM DESCRIPTION: CLIN 2001

Year 3 warranty for CD/DVD/Blu-Ray device.

$ _____ Year three (3) Warranty

POP CLIN 2001: 10/01/2026 to 09/30/2027

This line item is an option in accordance with the terms and conditions of the solicitation/award.

ITEM DESCRIPTION: CLIN 3001

Year 4 warranty for CD/DVD/Blu-Ray device.

$ _____ Year four (4) Warranty

POP CLIN 3001: 10/01/2027 to 09/30/2028

This line item is an option in accordance with the terms and conditions of the solicitation/award.

ITEM DESCRIPTION: CLIN 4001

Year 5 warranty for CD/DVD/Blu-Ray device.

$ _____ Year five (5) Warranty

POP CLIN 5001: 10/01/2028 to 09/30/2029 This line item is an option in accordance with the terms and conditions of the solicitation/award.

FAR 52.252-2 – Clause Incorporated By Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in

SP7000-24-Q-1062 COMBINED SYNOPSIS SOLICITATION Page 7 of 23 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 address:

https://www.acquisition.gov/browse/index/far

(End of Clause) FAR 52.202-1, Definitions FAR 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements FAR 52.204-2, Security Requirements FAR 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper FAR 52.204-9, Personal Identity Verification of Contractor Personnel FAR 52.204-13, System for Award Management Maintenance FAR 52.204-18, Commercial and Government Entity Code Maintenance FAR 52.204-19, Incorporation by Reference of Representations and Certifications FAR 52.204-21, Basic Safeguarding of Covered Contractor Information Systems FAR 52.207-5, Option to Purchase Equipment FAR 52.211-17, Delivery of Excess Quantities FAR 52.222-29, Notification of Visa Denial FAR 52.232-1, Payments FAR 52.232-8, Discounts for Prompt Payment FAR 52.232-11, Extras FAR 52.232-18, Availability of Funds FAR 52.232-23, Assignment Of Claims FAR 52.232-39, Unenforceability of Unauthorized Obligations FAR 52.233-1, Disputes FAR 52.233-3, Protest After Award FAR 52.233-4, Applicable Law For Breach Of Contract Claim FAR 52.247-34, FOB 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 252.204-7003, Control of Government Personnel Work Product DFARS 252.204-7004, Antiterrorism Awareness Training For Contractors DFARS 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information DFARS 252.204-7012, Safeguarding covered Defense Information & Cyber Incident Reporting DFARS 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support DFARS 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or

Services DFARS 252.204-7020, NIST SP 800-171 DoD Assessment Requirements DFARS 252.223-7008, Prohibition of Hexavalent Chromium DFARS 252.225-7012, Preference for Certain Domestic Commodities DFARS 252.225-7048, Export Controlled Items DFARS 252.225-7055, Representation Regarding Business Operations with The Maduro Regime DFARS 252.225-7056, Prohibition Regarding Business Operations with The Maduro Regime DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports DFARS 252.232-7010, Levies on Contract Payments DFARS 252.232-7017, Accelerating Payments to Small Business Subcontractors—Prohibition on Fees and

Consideration DFARS 252.233-7001, Choice of Law (Overseas) DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel

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DFARS 252.243-7001, Pricing of Contract Modifications DFARS 252.244-7000, Subcontracts for Commercial Items and Commercial Components (DOD Contracts) DFARS 252.246-7008, Sources of Electronic Parts

DLAD C03, Contractor Retention of Supply Chain Traceability Documentation DLAD H10, Awardee Requires No Access to DLA Controlled Technical Data or Information for Contract

Performance

52.204-28 Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023)

(a) Definitions. As used in this clause—

Covered article, as defined in 41 U.S.C. 4713(k), means—

(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;

(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153);

(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or

(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.

FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):

(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.

(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.

(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.

Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

SP7000-24-Q-1062 COMBINED SYNOPSIS SOLICITATION Page 9 of 23

(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;

(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;

(9) The Bureau of Intelligence and Research of the Department of State;

(10) The Office of Intelligence and Analysis of the Department of the Treasury;

(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or

(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.

National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—

(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or

(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.

Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.

Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.

Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.

(b) Notice. During contract performance, the Contractor shall be required to comply with any of the following that apply: DHS FASCSA orders, DoD FASCSA orders, or DNI FASCSA orders. The applicable FASCSA order(s) will be identified in the request for quotation (see 8.405–2), or in the notice of intent to place an order (see 16.505(b)).

FASCSA orders will be identified in paragraph (b)(1) of FAR 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition, with its Alternate II.

(c) Removal. Upon notification from the contracting officer, during the performance of the contract, the Contractor shall promptly make any necessary changes or modifications to remove any covered article or any product or service produced or provided by a source that is subject to an applicable Governmentwide FASCSA order (see FAR 4.2303(b)).

(End of clause)

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52.2 1 2 -4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023) FAR

FAR 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services (MAY 2024)

(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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 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.]

(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).

(4) 52.203-17 Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712);

this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a)

X (5) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(6) Reserved

(7) 52.204-14 Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

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(8) 52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (9) 52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

X (10) 52.204-28 52.204-28, Federal Acquisition Supply Chain Security Act Orders— Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) ( Pub. L. 115–390, title II).

X (11) 52.204-30 (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) ( Pub. L. 115–390, title II).

(ii) Alternate I (DEC 2023) of 52.204-30.

(12) 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).

(13) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(14) Reserved

(15) (i) 52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15

U.S.C. 657a)

(16) (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).

(17) Reserved X (18) (i) 52.219-6 Notice Of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.

644).

(ii) Alternate I (Mar 2020).

(19) (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.

(20) 52.219-8 Utilization of Small Business Concerns (Sep 2023) (15 U.S.C.

637(d)(2) and (3)).

(21) (i) 52.219-9 Small Business Plan (Sep 2023) (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 2023) of 52.219-9

(22) (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.

(23) 52.219-14 Limitations on Subcontracting (OCT 2022) (15 U.S.C. 637s)

(24) 52.219-16 Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.

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

(25) 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

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

X (26) (i) 52.219-28 Post Award Small Business Program Rerepresentation (Sep 2023) (15

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

(ii) Alternate (MAR 2020) of 52.219-28.

(27) 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)).

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(28) 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)).

(29) 52.219-32 Orders Issued Directly Under Small Business Reserves (MAR

2020) (15 U.S.C. 644(r)).

X (30) 52.219-33 Nonmanufacturer Rule (SEP 2021) (15U.S.C. 637(a)(17)).

X (31) 52.222-3 Convict Labor (June 2003) (E.O. 11755).

X (32) 52.222-19 Child Labor—Cooperation with Authorities and Remedies (Nov 2023)

(E.O. 13126).

X (33) 52.222-21 Prohibition of Segregated Facilities (Apr 2015).

X (34) (i) 52.222-26 Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

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

X (36) (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.

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

(38) 52.222-40 Notification of Employee Rights Under the National Labor Relations

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

X (39) (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

(40) 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.)

(41) (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 (42) 52.223-11 Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) ( 42 U.S.C. 7671, et seq.).

(43) 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) ( 42 U.S.C. 7671, et seq.).

X (44) 52.223-20 Aerosols (MAY 2024) ( 42 U.S.C. 7671, et seq.).

(45) 52.223-21 Foams (MAY 2024) ( 42 U.S.C. 7671, et seq.).

X (46) 52.223-23 Sustainable Products and Services (MAY 2024) ( E.O. 14057, 7 U.S.C.

8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

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 (Oct 2022) (41 U.S.C. chapter 83).

Alternate I (OCT 2022) of 52.225-1.

(49) (i) 52.225-3 Buy American--Free Trade Agreements--Israeli Trade Act (Nov 2023)

( 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]

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

(iv) Alternate

III

(Nov 2023) of 52.225-3.

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

(50) 52.225-5 Trade Agreements (Nov 2023) (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. 2302 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).

X (55) 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) ( E.O. 13513)

(56) 52.229-12 Tax on Certain Foreign Procurements (FEB 2021)

(57) 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)).

(58) 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 (59) 52.232-33 Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

(60) 52.232-34 Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(61) 52.232-36 Payment by Third Party (May 2014) (31 U.S.C. 3332).

(62) 52.239-1 Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

X (63) 52.242-5 Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(12)).

(64) (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

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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) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) ( 41 U.S.C. 4712).

(iii) 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)).

(iv) 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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(v) 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).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328)

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC

2023) ( Pub. L. 115–390, title II).

(B) Alternate I (DEC 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (SEP 2023) ( 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.

(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(x) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

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

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

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

(xiv) 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.

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

(xvi) (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).

(xvii) 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).

(xviii) 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).

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

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

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

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

(xxiii) 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).

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(xxiv) 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.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C.

3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 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 52.217-6 -- 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 5 Days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

(End of clause)

FAR 52.217-9 -- 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)

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.

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(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.

2-IN-1 FORMAT

(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.

2-IN-1 FORMAT

(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.]

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(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 SA7023

Ship From Code

Mark For Code

Service Approver (DoDAAC) SA7023

Service Acceptor (DoDAAC) SA7023

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…