Combined Synopsis-Solicitation SP7000-20-Q-1016.pdf

Combined Synopsis-Solicitation for 60" Wide Format Plotters SP7000-20-Q-1016 Page 1 of 32

General

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR subpart 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Items, in conjunction with FAR part 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This solicitation is issued as a Request for Quotation (RFQ) number SP7000-20-Q-1016.

This notice incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2020-03 effective 13 December 2019, and Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20190531 edition (effective 1 Oct 2019) edition, and Defense Logistics Acquisition Directive (DLAD) effective 14 October 2019 through PROCLTR 2019-19.

The Government seeks to award up to five (5) vendors a five (5) year Indefinite Delivery Indefinite Quantity (IDIQ) fixed price contract for the purchase and subsequent maintenance of 60” wide format color and black-and-white color engineering technical drawing equipment with add-on options (accessories) for the devices.

Inspection and acceptance will occur at FOB destination. 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.

This procurement is being issued as a 100% Small Business (SB) set-aside. The associated North American Industrial Classification System (NAICS) code is 333316. The small business size standard is 1,000 employees. The Federal Supply Class code is 3610.

The Government intends to award without discussions.

The awards will be based upon a Lowest Priced Technically Acceptable basis. The technical requirements are enumerated within the Statement of Work (SOW). (See below, FAR 52.212-02 – EVALUATION – COMMERCIAL ITEMS, and Addendum to FAR 52.212-02, Evaluation Criteria, and for additional information.)

The maximum number of 60” wide format units which may be ordered under the program shall be eighty (80). Once this ceiling is met there will be no further delivery orders issued. The guaranteed minimum (for the entire IDIQ, not per vendor) shall be six (6) units.

Upon award of the contract and prior to any orders taking place, DLA Data Management Services (DMS) shall identify the specific pieces of equipment and software that require network testing, security accreditation, and approval. The devices are to be delivered within 30 calendar days of notification, at no cost to the Government, to the DLA J67 DMS (formerly known as DLA Document Services) production facility in Mechanicsburg, PA for testing of its compliance to the requirements set forth in the Statement of Work. Please refer to Attachment 3 – Statement of Work (SOW) Section 5 for testing details.

Delivery orders will be issued after fair opportunity is given to all IDIQ holders to participate in a reverse auction. Instructions for participating in the reverse auction process are provided in Attachment 8 Procurex Reverse Auction Procedures.

Quantities and locations will be specified on each delivery order.

The provision at FAR 52.212-1, Instruction to Offerors applies to this solicitation.

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Offerors shall submit a completed copy of the provision at FAR 52.212-3, Offeror Representations and Certifications with its proposal (see Attachment 9). The vendor shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.sam.gov. If the vendor has not completed the annual representations and certification electronically the vendor shall complete only paragraphs (c) through (v) of this provision.

The clause at FAR 52.212-4, Contract Terms and Conditions - Commercial Items applies to this acquisition.

The clause at FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items, and all clauses checked (x) are applicable to this acquisition.

Requirement Description

DLA Information Operations Data Management Services (DMS) Division seeks to enter into a multiple award IDIQ contract for the purchase of 60" wide format color and black & white color engineering technical drawing equipment. This IDIQ will also include associated maintenance (offered in a minimum of a 36-month package), and add-on options (accessories) for the devices. The software required for the equipment shall be Brand Name only, Serendipity Black Magic Bureau. The ceiling for the IDIQ contract shall be 80 devices.

Estimated Period of Performance

Base Period: 05/01/2020 - 04/30/2025 (60 Months)

Testing

As mentioned previously, please refer to Attachment 3 – Statement of Work (SOW) Section 5 for testing details. If an awardee is unable to pass testing, then the award will be terminated for cause in-accordance-with FAR 52.212-4(m).

Delivery

30 Days after receipt of delivery order. If testing is required, 30 days after testing is complete. See Attachment 2 – SOW for additional details.

If an item cannot be delivered within the delivery time that is given, the Contractor shall notify the issuing Contracting Officer as soon as the inexcusable delay is realized, of the expected delivery date for the ordered item(s). Upon notification, the Requiring Activity may choose to cancel the order or request due consideration for the delay.

Important Dates

Solicitation Issue Date: 02/13/2020 Questions Due Date: 02/18/2020 no later than 4 PM Eastern.

http://www.sam.gov/

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Solicitation Close Date: 03/16/2020 no later than 10:00 AM Eastern.

Points of Contact

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

Primary POC: Secondary POC:

Contracting Specialist: Tyler Bowman Contracting Officer: Timothy A. Danowski E-mail address: Tyler.Bowman@dla.mil E-mail address: Timothy.Danowski@dla.mil

Provisions/Clauses

The following FAR, DFARS and DLAD clauses and provisions apply to this solicitation. The complete text of any of the clauses and provisions may be accessed in full text at http://acquisition.gov/.

FAR 52.212-1 Addendum

Quotes must be submitted electronically only to the points of contacts listed below. Quotes must be submitted in English and in United States Dollars. It is the vendor’s responsibility to ensure that their electronic correspondence and/or quote information has been received by the Government. Any quotes received after the closing date and time will be late and will not be accepted. The Contracting Officer reserves the right to make award without discussions.

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

SECTION MAY RESULT IN A NON-RESPONSIVE DETERMINATION:

Please submit the quote in five (5) different parts: Cover Page, Technical, Past Performance, Pricing, and Offeror Representations and Certification. Please include the following statement on every page for Parts II, III, and IV of your proposal: “SOURCE SELECTION INFORMATION – SEE FAR 2.101 and FAR 3.104.” Additionally, include Signed acknowledgements of amendments (applicable only if any amendments are issued against this solicitation)

Part I – Cover Page

a. Offeror company name

b. Offeror Commercial and Government Entity (CAGE) Code

c. Offeror mailing address

d. Offeror POCs

e. Offeror POC job title

f. Offeror POC phone number

g. Offeror POC e-mail address

h. Quote expiration date

Part II – Technical (Must submit completed Attachments 1 – Specs, 2 – CLIN Structure, 3 – SOW Compliance Form, and 4 – Section 508 Compliance Form) Part III - Past Performance. Indicate prior past performance, if applicable.

Part IV – Pricing (Must submit attachment 2 - CLIN structure)

Part V - Offeror Representations and Certifications (See Attachment 9 Response to FAR 52.212-3 Offeror Reps and Certs) mailto:Tyler.Bowman@dla.mil mailto:Timothy.Danowski@dla.mil http://acquisition.gov/

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FAR 52.212-2 Addendum Evaluation Criteria

FAR 13.500 Evaluation of Quotations or Offers – The Government intends to evaluate quotes in response to this quotation in accordance with FAR 13.5 (Simplified Procedures for Certain Commercial Items) as supplemented by FAR Part 12 (Acquisition of Commercial Items) and Far 15.101- 2 (Lowest Price Technically Acceptable, or LPTA Source Selection Process). The technical requirements are enumerated within the Statement of Work (SOW).

Award will be made on the basis of the lowest evaluated price of quotes meeting or exceeding the acceptability standards for non-cost factors. Tradeoffs are not permitted. Quotes are evaluated for acceptability but not ranked using the non-cost/price factors. The evaluation criteria are as follows: Price, Technical Capability, and Past Performance.

Price

The vendor must enter a single unit price for each line item listed in Attachment 2, CLIN Structure.

(Note: On the CLIN structure spreadsheet, vendors will enter their unit price for each CLIN, the total for each CLIN will calculate. The total price will be used to evaluate the lowest priced quote. Vendors are encouraged to discount prices in order to provide the lowest price technically acceptable quote. Complete and submit Attachment 2, CLIN Structure, with your response.

Technical Requirements

To be technically acceptable, the vendor must complete Attachments 1 – Specs, 2 – CLIN Structure, 4 – SOW Compliance Form, 5 – Section 508 Compliance Form, and 9 - Response to FAR 52.212-3 Offeror Reps and Certs. Responses will be evaluated only on an “Acceptable” or “Unacceptable” basis and will not be rated. In order to receive an “Acceptable” rating the quote must clearly demonstrate the ability to comply with all sections set forth in Attachment 3 –SOW and responses to required attachments. A quote that is evaluated as “Unacceptable” for any requirement will not be considered for award. Failure to indicate you will comply with all technical requirements set forth in the Statement of Work may result in your quote being deemed non-responsive and not being considered for award.

Past Performance

The vendor is required to submit information, on a single page, identifying federal, and/or state and/or local Government and/or private contracts performed within the past three years, which are similar in scope and complexity to the effort described in this solicitation. In the case of a vendor without a record of relevant past performance or for whom information on past performance is not available, the vendor shall state none. Vendors may submit up to three (3) customer references for work performed that is relevant and similar in scope to this requirement. Include reference names, telephone numbers, email addresses, and a brief description of the work performed.

Past performance shall be used as an evaluation factor within the LPTA process, unless waived by the Procurement Contracting Officer, in accordance with FAR 15.101-2(b). Past performance shall be evaluated in accordance with FAR 15.305 and DFARS 215.305. However, the comparative assessment in FAR 15.305(a)(2)(i) does not apply. Therefore, past performance will be rated on an “acceptable” or “unacceptable” basis using the ratings below.

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

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Unacceptable: Based on the vendor’s performance record, the Government has no reasonable expectation that the vendor will be able to successfully perform the required effort.

Note: In the case of a vendor without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the vendor may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the vendor shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

In addition, the contracting officer will review the System for Award Management (SAM), Past Performance Information Retrieval System (PPIRS), and the Federal Awardee Performance and Integrity Information System (FAPIIS) repositories to determine contractor responsibility for the vendor with the lowest priced quote.

All invoicing under this contract will be accomplished via Wide Area Workflow (WAWF).

Additional required clauses other than those above will be included in continuation pages.

Attachments

1 – SPECS

2 – CLIN STRUCTURE

3 – SOW

4 – SOW Compliance Form

5 – Section 508 Compliance Form

6 – MIL STD 3060

7 – NGA Color Target

8 – Procurex Reverse Auction Instructions (For awards at delivery order level)

9 - Response to FAR 52.212-3 Offeror Reps and Certs

10 – Question and Comment Form

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SP7000-20-Q-1016 Clauses and Provisions

CLAUSES INCORPORATED BY REFERENCE

CLAUSE

NO.

CLAUSE TITLE YEAR-

MO

SECTION

VARIATION

NAME DATE

52.203-3

Gratuities

1984-04

52.203-12 Limitation on Payments to Influence Certain Federal Transactions 2010-10 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper 2011-05 52.204-9 Personal Identity Verification of Contractor Personnel 2011-01 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 52.204-19 Incorporation by Reference of Representations and Certifications 2014-12 52.204-21 Basic Safeguarding of Covered Contractor Information Systems 2016-06

52.204-25 Prohibition of Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

2019-08

52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 52.216-19 Order Limitations 1995-10 52.216-22 Indefinite Quantity 1995-10 52.217-2 Cancellation Under Multi-year Contracts 1997-10 52.219-6 Notice of Total Small Business Set-Aside (DEVIATION 2019-O0003) 2019-01 Deviation 2019-O0003 52.219-6 Notice of Total Small Business Set-Aside. 2011-11 Alternate I 52.219-14 Limitations on Subcontracting (DEVIATION 2019-O0003) 2017-01 Deviation 2019-O0003 52.232-39 Unenforceability of Unauthorized Obligations 2013-06

52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12

52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04

52.242-13 Bankruptcy 1995-07

252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract- Related Felonies.

2008-12

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09

252.203-7003 Agency Office of the Inspector General. As prescribed in 203.1004(a), use the following clause:

2019-08

252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7006 Billing Instructions. 2005-10 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 2016-10 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

2019-05

252.211-7003 Item Unique Identification and Valuation 2016-03 252.216-7006 Ordering 2019-09

252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials.

2014-09

252.223-7008 Prohibition of Hexavalent Chromium. 2013-06 252.225-7001 Buy American and Balance of Payments Program--Basic 2017-12 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. 2011-06

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252.225-7021 Trade Agreements. 2019-08 252.225-7048 Export-Controlled Items. 2013-06 252.225-7052 Restriction on the Acquisition of Certain Magnets and Tungsten. 2019-04 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

2019-04

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.232-7010 Levies on Contract Payments. 2006-12 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items 2013-06 252.246-7008 Sources of Electronic Parts. 2018-05 252.247-7023 Transportation of Supplies by Sea. 2019-02

CLAUSES IN FULL TEXT

CLAUSE NO. CLAUSE TITLE (MONTH YEAR) VARIATION

NAME DATE

CLAUSE TEXT

52.212-5

Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Items.

(AUG 2019)

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Aug2019)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78

(19U.S.C.3805 note)).

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

[Contracting Officer check as appropriate.] X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct

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

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41U.S.C.3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L.

109-282) (31U.S.C.6101note).

(5) [Reserved].

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

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

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

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018)

(41U.S.C. 2313).

(10) [Reserved].

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

(ii) Alternate I (Nov 2011) of 52.219-3.

X (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15U.S.C.657a).

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

(13) [Reserved]

(14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15U.S.C.644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

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

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

(iii) Alternate II (Mar 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (Oct2018) (15U.S.C.637(d)(2) and (3)).

(17) (i) 52.219-9, Small Business Subcontracting Plan (Aug2018) (15U.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 (Nov 2016) of 52.219-9.

(v) Alternate IV (Aug 2018) of 52.219-9 X (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15U.S.C.644(r)).

(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15U.S.C.637(a)(14)).

(20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15U.S.C.637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011)

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

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

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

Owned Small Business Concerns (Dec 2015) (15U.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 (Dec2015) (15U.S.C.637(m)).

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

X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O.13126).

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

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

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

X (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct2015) (38U.S.C.4212).

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

X (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29U.S.C.793).

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

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

X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22U.S.C.chapter78 and E.O. 13627).

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

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

(35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May

2008) (42U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun

2016) (E.O. 13693).

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(Jun2016) (E.O. 13693).

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

13514).

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

(39) (i) 52.223-14, Acquisition of EPEAT?-Registered Televisions (Jun2014) (E.O.s 13423 and 13514).

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

(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42U.S.C.8259b).

X (41) (i) 52.223-16, Acquisition of EPEAT?-Registered Personal Computer Products (Oct 2015) (E.O.s

13423 and 13514).

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

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

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

(44) 52.223-21, Foams (Jun2016) (E.O. 13693).

(45) (i) 52.224-3 Privacy Training (Jan2017) (5 U.S.C. 552 a).

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

(46) 52.225-1, Buy American-Supplies (May 2014) (41U.S.C.chapter83).

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

(41U.S.C.chapter83,19U.S.C.3301 note, 19U.S.C.2112 note, 19U.S.C.3805 note, 19U.S.C.4001 note, Pub. L. 103- 182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

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

(iii) Alternate II (May 2014) of 52.225-3.

(iv) Alternate III (May 2014) of 52.225-3.

(48) 52.225-5, Trade Agreements (Aug 2018) (19U.S.C.2501, et seq., 19U.S.C.3301 note).

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

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

(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42U.S.C.5150).

(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42U.S.C.5150).

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

(54) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41U.S.C.4505, 10U.S.C.2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31U.S.C.3332).

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

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

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

(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15U.S.C.637(d)(13)).

(60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46U.S.C.Appx.1241(b) and 10U.S.C.2631).

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

(iii) Alternate II (Feb 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.]

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

(2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41U.S.C.chapter 67).

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(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29U.S.C.206 and 41U.S.C.chapter 67).

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple

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

(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014)

(29U.S.C.206 and 41U.S.C.chapter67).

(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41U.S.C.chapter67).

(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services-Requirements (May 2014) (41U.S.C.chapter67).

(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42U.S.C.1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

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

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

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

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41U.S.C.3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(vi) 52.222-17, Nondisplacement of Qualified Workers (May2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

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

(viii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246).

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

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul2014) (29U.S.C.793).

(xi) 52.222-37, Employment Reports on Veterans (Feb2016) (38U.S.C.4212)

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (Aug2018) (41U.S.C.chapter67).

(xiv)

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(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22U.S.C.chapter78 and E.O 13627).

(B) Alternate I (Mar2015) of 52.222-50(22U.S.C.chapter78 and E.O 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41U.S.C.chapter67).

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services-Requirements (May2014) (41U.S.C.chapter67).

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

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

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

(xx)

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

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

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10U.S.C. 2302 Note).

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

(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46U.S.C.

Appx.1241(b) and 10U.S.C.2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

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 [insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least _ 5 days [60days unless a different number of days is inserted] 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.

52.232-19 Availability of Funds for the Next Fiscal Year. (APR 1984)

Funds are not presently available for performance under this contract beyond 09/30/2020. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 09/30/2020, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

52.252-2 Clauses Incorporated by Reference. (FEB 1998)

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

60" Wide Format Plotters SP7000-20-Q-1016 Page 12 of 32 https://www.acquisition.gov/browse/index/far (FAR), https://www.acquisition.gov/dfars (DFARS), https://www.acquisition.gov/dlad (DLAD)

(End of Clause)

52.252-6 Authorized Deviations in Clauses. (APR 1984)

As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert “(DEVIATION)” after the date of the clause.

Authorized Deviations in Clauses (Apr 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any . [insert regulation name] (48 CFR ) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

252.211-7006 Passive Radio Frequency Identification. (MAR 2018)

(a) Definitions. As used in this clause— “Advance shipment notice” means an electronic notification used to list the contents of a shipment of goods as well as additional information relating to the shipment, such as passive radio frequency identification (RFID) or item unique identification (IUID) information, order information, product description, physical characteristics, type of packaging, marking, carrier information, and configuration of goods within the transportation equipment.

“Bulk commodities” means the following commodities, when shipped in rail tank cars, tanker trucks, trailers, other bulk wheeled conveyances, or pipelines:

(1) Sand.

(2) Gravel.

(3) Bulk liquids (water, chemicals, or petroleum products).

(4) Ready-mix concrete or similar construction materials.

(5) Coal or combustibles such as firewood.

(6) Agricultural products such as seeds, grains, or animal feed.

“Case” means either a MIL-STD-129 defined exterior container within a palletized unit load or a MIL-STD-129 defined individual shipping container.

“Electronic Product Code™ (EPC)” means an identification scheme for universally identifying physical objects via RFID tags and other means. The standardized EPC data consists of an EPC (or EPC identifier) that uniquely identifies an individual object, as well as an optional filter value when judged to be necessary to enable effective and efficient reading of the EPC tags. In addition to this standardized data, certain classes of EPC tags will allow user-defined data. The EPC Tag Data Standards will define the length and position of this data, without defining its content.

“EPCglobal®” means a subscriber-driven organization comprised of industry leaders and organizations focused on creating global standards for the adoption of passive RFID technology.

“Exterior container” means a MIL-STD-129 defined container, bundle, or assembly that is sufficient by reason of material, design, and construction to protect unit packs and intermediate containers and their contents during shipment and storage. It can be a unit pack or a container with a combination of unit packs or intermediate containers. An exterior container may or may not be used as a shipping container.

“Palletized unit load” means a MIL-STD-129 defined quantity of items, packed or unpacked, arranged on a pallet in a specified manner and secured, strapped, or fastened on the pallet so that the whole palletized load is handled as a http://www.acquisition.gov/browse/index/far http://www.acquisition.gov/browse/index/far http://www.acquisition.gov/dfars http://www.acquisition.gov/dfars http://www.acquisition.gov/dlad http://www.acquisition.gov/dlad https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064684

60" Wide Format Plotters SP7000-20-Q-1016 Page 13 of 32 single unit. A palletized or skidded load is not considered to be a shipping container. A loaded 463L System pallet is not considered to be a palletized unit load. Refer to the Defense Transportation Regulation, DoD 4500.9-R, Part II, Chapter 203, for marking of 463L System pallets.

“Passive RFID tag” means a tag that reflects energy from the reader/interrogator or that receives and temporarily stores a small amount of energy from the reader/interrogator signal in order to generate the tag response. The only acceptable tags are EPC Class 1 passive RFID tags that meet the EPCglobal™ Class 1 Generation 2 standard.

“Radio frequency identification (RFID)” means an automatic identification and data capture technology comprising one or more reader/interrogators and one or more radio frequency transponders in which data transfer is achieved by means of suitably modulated inductive or radiating electromagnetic carriers.

“Shipping container” means a MIL-STD-129 defined exterior container that meets carrier regulations and is of sufficient strength, by reason of material, design, and construction, to be shipped safely without further packing (e.g., wooden boxes or crates, fiber and metal drums, and corrugated and solid fiberboard boxes).

(b)(1) Except as provided in paragraph (b)(2) of this clause, the Contractor shall affix passive RFID tags, at the case- and palletized-unit-load packaging levels, for shipments of items that—

(i) Are in any of the following classes of supply, as defined in DoD Manual 4140.01, Volume 6, DoD Supply Chain Materiel Management Procedures: Materiel Returns, Retention, and Disposition:

(A) Subclass of Class I – Packaged operational rations.

(B) Class II – Clothing, individual equipment, tentage, organizational tool kits, hand tools, and administrative and housekeeping supplies and equipment.

(C) Class IIIP – Packaged petroleum, lubricants, oils, preservatives, chemicals, and additives.

(D) Class IV – Construction and barrier materials.

(E) Class VI – Personal demand items (non-military sales items).

(F) Subclass of Class VIII – Medical materials (excluding pharmaceuticals, biologicals, and reagents – suppliers should limit the mixing of excluded and non-excluded materials).

(G) Class IX – Repair parts and components including kits, assemblies and subassemblies, reparable and consumable items required for maintenance support of all equipment, excluding medical-peculiar repair parts; and

(ii) Are being shipped to one of the locations listed at https://www.acq.osd.mil/log/sci/RFID_ship-to-locations.html or to—

(A) A location outside the contiguous United States when the shipment has been assigned Transportation Priority 1, or to—

(B) The following location(s) deemed necessary by the requiring activity:

Contract Line, Subline, or Exhibit Line Item Number

Location Name

City

State

DoDAAC

(2) The following are excluded from the requirements of paragraph (b)(1) of this clause:

(i) Shipments of bulk commodities.

(ii) Shipments to locations other than Defense Distribution Depots when the contract includes the clause at FAR 52.213-1, Fast Payment Procedures.

(c) The Contractor shall—

(1) Ensure that the data encoded on each passive RFID tag are globally unique (i.e., the tag ID is never repeated across two or more RFID tags and conforms to the requirements in paragraph (d) of this clause;

(2) Use passive tags that are readable; and

(3) Ensure that the passive tag is affixed at the appropriate location on the specific level of packaging, in accordance with MIL-STD-129 (Section 4.9.2) tag placement specifications.

https://www.acquisition.gov/dfars/RFID.html https://www.acquisition.gov/dfars/RFID.html

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(d) Data syntax and standards. The Contractor shall encode an approved RFID tag using the instructions provided in the EPC™ Tag Data Standards in effect at the time of contract award. The EPC™ Tag Data Standards are available at http://www.epcglobalinc.org/standards/.

(1) If the Contractor is an EPCglobal™ subscriber and possesses a unique EPC™ company prefix, the Contractor may use any of the identifiers and encoding instructions described in the most recent EPC™ Tag Data Standards document to encode tags.

(2) If the Contractor chooses to employ the DoD identifier, the Contractor shall use its previously assigned Commercial and Government Entity (CAGE) code and shall encode the tags in accordance with the tag identifier details located in the DoD Suppliers' Passive RFID Information Guide at http://www.acq.osd.mil/log/sci/ait.html. If the Contractor uses a third-party packaging house to encode its tags, the CAGE code of the third-party packaging house is acceptable.

(3) Regardless of the selected encoding scheme, the Contractor with which the Department holds the contract is responsible for ensuring that the tag ID encoded on each passive RFID tag is globally unique, per the requirements in paragraph (c)(1).

(e) Advance shipment notice. The Contractor shall use Wide Area WorkFlow (WAWF), as required by DFARS 252.232-7003, Electronic Submission of Payment Requests, to electronically submit advance shipment notice(s) with the RFID tag ID(s) (specified in paragraph (d) of this clause) in advance of the shipment in accordance with the procedures at https://wawf.eb.mil/.

252.232-7006 Wide Area Work Flow Payment Instructions. (DEC 2018)

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

Document type means the type of payment request or receiving report available for creation in Wide Area

WorkFlow (WAWF).

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

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

Requests and Receiving Reports.

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

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

http://www.epcglobalinc.org/standards/ http://www.acq.osd.mil/log/sci/ait.html http://www.acq.osd.mil/log/sci/ait.html https://www.acquisition.gov/dfars/252/dfars/part-232-contract-financing#252.232-7003 https://wawf.eb.mil/

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

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

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

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

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

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

(f) [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 || | | Issue By DoDAAC || | | Admin DoDAAC || | | Inspect By DoDAAC || | | Ship To Code || | | Ship From Code || | | Mark For Code || | | Service Approver (DoDAAC) || | | Service Acceptor (DoDAAC) || | | 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…