SPE2DH-21-R-0002 Solicitation Attachment.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000116210

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE2DH-21-R-0002

5. SOLICITATION NUMBER

2021 DEC 02

6. SOLICITATION ISSUE

DATE

Yasmeen Turner PDPSHC6

a. NAME

Phone: DSN215-444-57

b. TELEPHONE NUMBER (No Collect calls)

2026 DEC 01

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE2DH

DLA TROOP SUPPORT

MEDICAL SUPPLY CHAIIN FSH

700 ROBBINS AVENUE

PHILADELPHIA PA 19111

USA

10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

423450NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

SEE SCHEDULE

03:00 PM

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE ADDENDUM

EDWOSB

32a. QUANTITY IN COLUMN 21 HAS BEEN

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED

COMPLETE PARTIAL FINAL

STANDARD FORM 1449 (REV. 2/2012) BACK

36. PAYMENT

PARTIAL FINAL

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42b. RECEIVED AT (Location)

SOLICITATION NO. SPE2DH-21-R-0002 Page 3 of 128

Table of Contents Page

Continuation of Blocks from the Standard Form 1449 4-6 Block 8, Offer Due Date/Local Time 4 Block 9, Issued By 4 Block 17a, Contractor/Offeror 5 Block 17b, Remittance Address 5 Block 18b, Invoice Submission 5 Block 19-24, Item No., Schedule of Supplies/Services, Quantity, Unit 5

Notices Caution Notice 6-8

Contract Clauses FAR 52.212-4 Contract Terms and Conditions—Commercial Items (by reference, see SF 1449, Block 27a)

Addendum to FAR 52.212-4 8 FAR 52.212-5 Contract Terms and Conditions Required to Implement

Statutes or Executive Orders—Commercial Items 10-19

Contract Documents, Exhibits or Attachments Statement of Work & Attachment I 33-36

Request for Proposal Checklist 84-86

Solicitation Provisions

FAR 52.212-1 Instructions to Offerors—Commercial Items, (by reference, see SF 1449, Block 27a)

Addendum to FAR 52.212-1 80-83

FAR 52.212-2 Evaluation- Commercial Items 87 FAR 52.212-3 Offeror Representations and Certifications—Commercial

Items, Alternate I 87-

Economic Price Adjustment – Established Catalog Price Two Upward Adjustments per Year Open Season ECAT Solicitation

112-

SOLICITATION NO. SPE2DH-21-R-0002 Page 4 of 128

Continuation of Blocks from SF 1449

NOTE: Vendor, Contractor, and Offeror are used in this document, and they are interchangeable.

1. Block 8

Offer Due Date/Local Time: December 1, 2026, at 3:00 pm EST. This solicitation is a standing solicitation from which the Government contemplates award of contracts for medical equipment, accessories, and consumables. The solicitation will remain in effect five years from the issue date or when it is replaced by an updated solicitation, whichever comes first. Offerors are requested to submit complete proposals for all requirements, including all certifications, as specified in this solicitation. Proposals may be submitted at any time during the open periods of the solicitation.

2. Block 9 › Address and Deliver “hand-carried” offers, i.e., delivery by commercial carriers, to:

DLA Troop Support

Business Opportunities Office Bldg. 45, First Floor, Wing C, Room C-1047 700 Robbins Avenue Philadelphia, PA 19111-5092

Solicitation Number: SPE2DH-21-R-0002 Opening/Closing Date and Time: December 2, 2021/ December 1, 2026, at 3:00 pm EST

Notes:

1. Vendors are required to submit a proposal by commercial carrier for record. All proposals are to be delivered to the Business Opportunities Office between 8:00 a.m. and 5:00 p.m., Monday through Friday, except for legal federal holidays as set forth in 5 USC 6103. Offerors must ensure that the carrier service shall deliver the package to the Business Opportunities Office specified above for hand carried offers prior to the scheduled opening/closing time. Package must be plainly marked ON THE OUTSIDE OF THE COMMERCIAL CARRIER’S ENVELOPE with the solicitation number, date, and time set forth for receipt of offers as indicated in Block 8 of the Standard Form 1449.

2. In addition, vendors are required to provide an electronic copy to the solicitation official(s), listed on page 83 of the subject solicitation, via email or DoD Safe.

DoD SAFE is a web-based tool that provides the capability to securely send and receive large files, including files that are too large to be transmitted via email.

For DoDSafe access, please contact the solicitation official(s).

› “Facsimile” offers are not authorized and shall not be considered for award.

SOLICITATION NO. SPE2DH-21-R-0002 Page 5 of 128

3. Block 10

NAICS CODE: 339112.

4. Block 17a

› Offeror’s assigned Data Universal Numbering System (DUNS) Number:

(If you do not have a DUNS number, contact the individual identified in Block 7a of the SF 1449 or see 52.212-1, Instructions to Offerors—Commercial Items (paragraph j) for information on contacting Dun and Bradstreet).

› Offeror’s assigned Contractor and Government Entity (CAGE) Code:

5. Block 17b

Remittance Address: (if different from Contractor/Offeror address in block 17a of the SF 1449)

Note: Payment will be made via Electronic Funds Transfer (EFT) to the contractor’s financial institution. The Government will mail checks to the above address only in the event of an Electronic Funds Transfer (EFT) failure, pursuant to 52.232-33 (which is incorporated by reference at 52.212- 5(b)(34)). The contractor’s electronic address is:

6. Blocks 19-24

Item No., Schedule of Supplies/Services, Quantity, Unit.

Medical Equipment is defined as commercial medical equipment used by medical professionals, technicians, and laboratory personnel to perform a treatment, test, or operation, or to provide medical care for a patient. We are soliciting for Medical Equipment, consumables, and accessories. Along with Medical Equipment the following may be offered in a vendor’s product offering: training, repair parts, maintenance of the item(s) and routine installation, when applicable. The aforementioned are also within the scope of the solicitation.

See pages 33-36 of the Statement of Work for examples of the types of Medical Equipment for which offers are being sought.

See proposal checklist located on pages 84-86 for complete list of required documentation.

The Guaranteed Minimum Dollar Value will be ½% of the Estimated Dollar Value for the First Year or $2,500.00; whichever is higher.

The Estimated Dollar Value and the Maximum Dollar Value for each contract will be established by the Government prior to award of a contract. Contract maximums will be established as part of negotiations with each offeror.

SOLICITATION NO. SPE2DH-21-R-0002 Page 6 of 128

STANDING SOLICITATION: This solicitation will be a standing solicitation for five years. This solicitation will be open from December 02, 2021, through December 01, 2026. The government will retrieve the proposals received from the Business Opportunities Office on an as-needed basis (at least every 2 weeks) beginning 15 days from December 02, 2021, and continuing up to and including the closing date. The intended result of this solicitation is multiple contracts covering the entire spectrum of categories of items required.

TERM: This solicitation is proposed to establish Indefinite-Delivery/Indefinite-Quantity contracts for the offered items. The term of the contract will be for a base term of five (5) years.

The following clause will apply to price adjustments:

ECONOMIC PRICE ADJUSTMENT – ESTABLISHED CATALOG PRICE TWO UPWARD

ADJUSTMENTS PER YEAR OPEN SEASON ECATSOLICITATION at pages 112-118.

CAUTION NOTICE

This Caution Notice is part of the solicitation and any resultant contract.

A. The Medical Directorate at DLA Troop Support is the inventory control point responsible for purchasing pharmaceuticals, medical, surgical, dental, optical and laboratory supplies and related equipment for U.S.

soldiers, sailors, airmen, marines, and veterans-around the world and around the clock. Our primary focus is to support the warfighter in time of war, in peace, during relief efforts, in times of national emergency or in support of our humanitarian operations.

B. This solicitation is being issued as part of a Multiple Award program using the guidance of FAR part 8.

The Multiple Award Program Contracts/Delivery Orders are designed to provide logistic support that empowers the customer to select the product that best meets their mission needs using best value ordering procedures.

C. The objective of this solicitation is to establish multiple Indefinite Delivery/Indefinite Quantity (IDIQ) contracts with Medical Equipment vendors for medical supplies and equipment ordered through DLA’s Electronic Catalog (ECAT), for delivery to Department of Defense (DoD) and Department of Veterans Affairs (VA) customers worldwide. DLA ECAT customers include DoD military customers, VA customers, and Non-DoD Federal Government customers as well as DLA Troop Support, acting as the customer.

Contracts awarded from this solicitation will also support other federally funded customers, and may also support foreign aid requirements, and foreign military sales (FMS).

D. DLA Troop Support intends to award multiple contracts to manufacturers, distributors and other specifically designated sources that support programs. The Government intends to award a contract to all responsible offerors who comply with the terms and conditions of the solicitation and whose prices are determined to be fair and reasonable. Any offeror that takes exception to any term or condition of the solicitation may be excluded from consideration for award.

E. The term of the contracts awarded as a result of this solicitation will be a five (5) year base contract with no options. All contracts awarded as a result of this solicitation will not exceed 60 months. A minimum dollar value guarantee shall be calculated for each successful offeror prior to making an award.

SOLICITATION NO. SPE2DH-21-R-0002 Page 7 of 128

F. DLA Troop Support is the single order entry point under this contract, as the DLA ECAT ordering application program resides at DLA Troop Support. During the term of the contract, DLA Troop Support reserves the right to add or delete customers.

G. This solicitation applies to Government facilities and customers worldwide. Offerors may provide separate pricing for delivery to the following regional categories. These are:

1) the Contiguous United States (CONUS);

2) Outside the Contiguous United States (OCONUS);

3) Alaska, Hawaii, and Puerto Rico (AHP).

Although Alaska, Hawaii, and Puerto Rico are physically located Outside the Contiguous United States, they are treated as a separate region(s) for purposes of contract awards. An offeror may propose to support any or all three AHP locations. The OCONUS region consists of all areas Outside the Contiguous United States other than the AHP region.

CONUS and AHP catalogs are direct shipment; and OCONUS via a consolidation point -in rare instances it may be appropriate to utilize a direct shipment catalog for OCONUS customers and this will be handled on a case-by-case basis.

H. Offerors are required to submit their past year’s history of sales to DoD, VA, and to other Federal

Government agencies as detailed on page 110 of this solicitation with your offer.

I. Offerors are required to provide an Electronic Commerce (“EC”) Implementation Plan as detailed on page 82 of this solicitation with your offer.

J. Offerors are required to submit other than certified cost and pricing data in accordance with clause 52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (Oct 2010), Alternative IV (OCT 2010) as detailed on pages 109-111 of this solicitation with your offer.

K. An initial assessment of all proposals submitted prior to the closing date and time will be performed within a reasonable amount of time after offers are retrieved from the Business Opportunities Office to determine completeness. The proposals will be reviewed in an order established by DLA and compared to the checklist found on pages 84-86 of this solicitation. Upon evaluation of the proposal, the Contracting Officer will make a determination as to whether the offeror has an understanding of the solicitation requirements sufficient enough to move forward. If the Contracting Officer determines that the offeror has not demonstrated an understanding of the solicitation requirements, he/she may determine the proposal to be non-compliant and may return the proposal without further evaluation.

L. Where Food and Drug Administration (FDA) approval is applicable to the item(s) offered and/or provided to customers, products offered and/or provided to customers in response to this solicitation must be FDA approved. DLA may also consider including on awarded contracts items which do not have FDA approval but have received Emergency Use Authorization (EUA) from the FDA. If an item being offered has EUA from the FDA, the contractor must indicate this to DLA. DLA will then determine whether including the EUA item on contract is appropriate and, in the Government’s, best interest.

M. DFARS Clause 252.225-7021, Trade Agreements (Class Deviation 2020-O0019) (JUL 2020) applies to this solicitation.

SOLICITATION NO. SPE2DH-21-R-0002 Page 8 of 128

N. CONTRACTOR CODE OF BUSINESS ETHICS DLA TROOP SUPPORT

FAR Part 3.1002(a) requires all government contractors to conduct themselves with the highest degree of integrity and honesty. Contractors should have a written code of business ethics and conduct within thirty days of award. To promote compliance with such code of business ethics and conduct, contractors should have an employee business ethics and compliance training program that facilitates timely discovery and disclosure of improper conduct in connection with government contracts and ensures corrective measures are promptly instituted and carried out. A contractor may be suspended and/or debarred for knowing failure by a principal to timely disclose to the government, in connection with the award, performance, or closeout of a government contract performed by the contractor or a subcontract awarded there under, credible evidence of a violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in title 18 of the United States Code or a violation of the False Claims Act. (31 U.S.C. 3729-3733).

This solicitation or contract includes FAR clause 52.203-13 - CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT; the contractor shall comply with the terms of the clause and have a written code of business ethics and conduct; exercise due diligence to prevent and detect criminal conduct; promote ethical conduct and a commitment to compliance with the law within their organization; and timely report any violations of federal criminal law involving fraud, conflict of interest, bribery or gratuity violations found in title 18 of the United States Code or any violations of the False Claims Act. (31 U.S.C. 3729-3733).

When FAR 52.203-13 is included in the contract, contractors must provide a copy of its written code of business ethics and conduct to the contracting officer upon request by the contracting officer.

Contract Clauses

FAR Clause 52.212- 4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS (OCT 2018) is incorporated in this solicitation by reference. Its full text may be accessed electronically at https://www.acquisition.gov/far/index.html. Text is available for viewing in Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links.

ADDENDUM TO 52.212-4:

The following paragraphs of 52.212-4 are amended as indicated below:

Addendum to FAR 52.212-4:

The following paragraph(s) of FAR 52.212-4 are amended as indicated below:

1. Paragraph (i), Payment Delete paragraphs (i)(1) and (i)(2) of FAR 52.212-4 in their entirety and substitute the following:

(i)(1) Fast Payment procedures apply to all orders, which are for deliveries that are sent directly from the vendor to customer, valued at $35,000.00 or less (except as stated below), issued against this indefinite-delivery contract. The government will pay invoices based on the Contractor's delivery of supplies to a post office or common carrier (or, if shipped by other means), to the point of first receipt by the Government.

FAR 52.213-1, Fast Payment Procedure (May 2006) is incorporated by reference and applies to all delivery orders, which are for deliveries that are sent directly from the vendor to the customer, valued at $35,000.00 or less (except as stated below). For these orders, the terms and conditions of FAR 52.213-1 apply notwithstanding any inconsistent terms and conditions in FAR 52.212-4. Therefore, all paragraphs of FAR 52.212-4, including (a), (j), (n), and (p), will be superseded whenever and to the degree their application is inconsistent with FAR 52.213-1.

SOLICITATION NO. SPE2DH-21-R-0002 Page 9 of 128

Fast Pay Procedures DO NOT APPLY to the following Army Medical Material Management Agreement (AMMA) Customers:

DoDAAC DoDAAC

W45MXE W2DN BROOKE ARMY MED CTR W42NU3 W2NK MEDDAC MED SUPPLY ACCT

HOSPITAL SUPPLY ACCOUNT 7606 VIRGINIA AVENUE

3851 ROGER BROOKE DRIVE BLDG 3600

JBSA FORT SAM HOUSTON TX 78234‐6200

BLDG 4372

FORT POLK LA 71459‐5110

W33BRA W2L3 MEDDAC MED SUPPLY ACCT W55CWA W2P0 USA MEDDAC FT RILEY

BLDG 9222 BASS ROAD

FORT BENNING GA 31905‐6006

600 CAISSON HILL RD CL VIII

FORT RILEY KS 66442‐5037

W51HVA

W2P1 USA MEDDAC FT CARSON

US ARMY MEDICAL DEPT ACTIVITY

W44DQ6

W2NV USA MEDDAC FT SILL

INSTALLATION MEDICAL SUPPLY ACCT

7500 COCHRANE CIR 3009 NW WILSON ST

FORT CARSON CO 80913‐5207 FORT SILL OK 73503‐9042

W16BFB W4U2 USA MEDDAC FT DRUM W33DME W2MS USA MEDDAC FT STEWART

MED SUP ACCT LOG DIV

BLDG P11050B MT BELVEDERE BLVD

BLDG P 302

1061 HARMON AVENUE

FORT DRUM NY 13602‐5004 FORT STEWART GA 31314‐5674

W34GNC W2L8 USA MEDDAC FT CAMPBELL

BLANCHFIELD ARMY COMM HOSP

W36N0P W2L6 WOMACK ARMY MED CTR

WOMACK ARMY MEDICAL CTR

2434 20TH STREET BLDG 2817 REILLY ROAD

FORT CAMPBELL KY 42223‐5349 FORT BRAGG NC 28310‐5000

W45NQ8 W2M5 MEDDAC MED SUPPLY ACCT W45PEA W0Q3 BEAUMONT ARMY MED CTR

MEDICAL SUPPLY OFFICER DACH BIGGS ARMY AIRFIELD

BLDG 36000 RM 0002

FORT HOOD TX 76544‐5063

11156 EDWARDS STREET

FORT BLISS TX 79918‐8006

W22PEZ W2LA MEDDAC SPLY ACCT FT KNOX WX3JN7 W0TC TRIPLER ARMY MED CTR

289 IRELAND AVE NUE

BLDG 851

ACCOUNTABLE OFFICER

BLDG 161 KRUKOWSKI RD

FORT KNOX KY 40121‐5520 TRIPLER AMC HI 96859‐5000

W68MX4 W0Q1 MADIGAN ARMY MED CTR WT4J8S W6R1 USA MED MATERIEL CTR KORE

MEDICAL SUPPLY ACCT BLDG 709 CAMP CARROLL

BLDG 9665 SEC 1 WAEGWAN KR 718800

FORT LEWIS WA 98433‐5000 KOREA, SOUTH

W91R2L W05J USA MED MATERIEL AGCY WK4FV1 W0CC USA MED MAT CTR EUR

OPERATION ENDURING FREEDOM RECEIVING BLDG 4171

AL SAYLIYAH

DOHA QA

HUSTERHOEH KASERNE

PIRMASENS DE 66953

QATAR GERMANY

SOLICITATION NO. SPE2DH-21-R-0002 Page 10 of 128

(i)(2) Prompt Payment procedures apply to all orders issued against this indefinite-delivery contract to which Fast Payment procedures do not apply. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

The contractor may dispute payment of an invoice within the twelve months immediately following the date of such payment by the government. If the contractor does not dispute a particular invoice within this twelve-month period, the contractor waives its right to dispute that invoice.

52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS – COMMERCIAL ITEMS (SEP 2021) FAR

(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 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUNE 2020), with Alternate I (OCT 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (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.)

SOLICITATION NO. SPE2DH-21-R-0002 Page 11 of 128

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

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

__ (5) [Reserved].

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

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

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (MAR 2020) of 52.219-3.

_X_ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020)

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

__ (ii) Alternate I (MAR 2020) of 52.219-4.

__ (13) [Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

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

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

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

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

_X_ (17) (i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

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

_X_ (iii) Alternate II (NOV 2016) of 52.219-9.

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

__ (v) Alternate IV (JUN 2020) of 52.219-9

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

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

__ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

SOLICITATION NO. SPE2DH-21-R-0002 Page 12 of 128

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

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

2020) (15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (MAR 2020) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN2020) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X_ (30) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

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

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

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

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

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

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

_X_ (35) (i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (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).

_X (36) 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.)

__ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

SOLICITATION NO. SPE2DH-21-R-0002 Page 13 of 128

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

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

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

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

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

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

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.13513).

_X (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

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

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

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

__ (48) 52.225-1, Buy American-Supplies (JAN2021) (41 U.S.C. chapter 83).

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

(JAN 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (JAN 2021) of 52.225-3.

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

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

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

_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.

2302Note).

SOLICITATION NO. SPE2DH-21-R-0002 Page 14 of 128

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

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

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

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

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

_X (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (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 (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) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY

2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

SOLICITATION NO. SPE2DH-21-R-0002 Page 15 of 128

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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 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 (JUN 2020) (41 U.S.C. 3509).

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

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

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

SOLICITATION NO. SPE2DH-21-R-0002 Page 16 of 128

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

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

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

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

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

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

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

(xiii) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O 13627).

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

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

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

(xvi) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020).

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

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

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

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

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

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

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

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

The Contractor shall comply with any clause that is checked on the following list which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components.

SOLICITATION NO. SPE2DH-21-R-0002 Page 17 of 128

1. X FAR 52.203-3, Gratuities (APR 1984)

2. X DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011)

3. X DFARS 252.203-7003, Agency Office of the Inspector General (AUG 2019)

4. X DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials (NOV 2011)

5. X DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (DEC 2019)

6. DFARS 252.204-7014, Limitations on the Use or Disclosure of Information by Litigation Support Solicitation Offerors (MAY 2016)

7. X DFARS 252.204-7015, Disclosure of Information to Litigation Support Contractors (MAY 2016)

8. X DFARS 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991)

9. X DFARS 252.211-7003, Item Unique Identification and Valuation (MAR 2016)

10. X DFARS 252.211-7006, Passive Radio Frequency Identification (DEC 2019)

11. DFARS 252.211-7007, Reporting of Government-Furnished Property (AUG 2012)

12. DFARS 252.215-7003, Requirements for Submission of Data Other Than Certified Cost or Pricing

Data—Canadian Commercial Corporation (JUL 2012)

13. DFARS 252.215-7004, Requirement for Submission of Data other Than Certified Cost or Pricing

Data—Modifications—Canadian Commercial Corporation (OCT 2013)

14. DFARS 252.215-7007, Notice of Intent to Resolicit (JUN 2012)

15. DFARS 252.215-7008, Only One Offer (JUL 2019)

16. X DFARS 252.219-7003, Small Business Subcontracting Plan (DoD Contracts) - Basic (DEC 2019)

17. DFARS 252.219-7004, Small Business Subcontracting Plan (Test Program) (MAY 2019)

18. X DFARS 252.223-7008, Prohibition of Hexavalent Chromium (JUN 2013)

19. DFARS 252.225-7000, Buy American—Balance of Payments Program Certificate (NOV 2014)

a. Alternate I (NOV 2014) of 52.225-7000

20. DFARS 252.225-7001, Buy American and Balance of Payments Program (DEC 2017)

a. Alternate I (NOV 2017) of 252.225-7001

21. DFARS 252.225-7008, Restriction on Acquisition of Specialty Metals (MAR 2013)

22. DFARS 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals

(DEC 2019)

23. DFARS 252.225-7010, Commercial Derivative Military Article—Specialty Metals Compliance

Certificate (JUL 2009)

24. X DFARS 252.225-7012, Preference for Certain Domestic Commodities (DEC 2017)

25. X DFARS 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005)

26. X DFARS 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings (JUN 2011)

27. DFARS 252.225-7017, Photovoltaic Devices (JAN 2020)

28. DFARS 252.225-7018, Photovoltaic Devices—Certificate (JAN 2020)

29. X DFARS 252.225-7020, Trade Agreements Certificate (NOV 2014)

a. Alternate I (NOV 2014) of 252.225-7020

30. X DFARS 252.225-7021, Trade Agreements (Class Deviation 2020-O0019) (JUL 2020)

a. Alternate II (SEP 2019) of 252.225-7021

31. DFARS 252.225-7023, Preference for Products or Services from Afghanistan (SEP 2013)

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32. DFARS 252.225-7024, Requirement for Products or Services from Afghanistan (SEP 2013)

33. DFARS 252.225-7026, Acquisition Restricted to Products or Services from Afghanistan (SEP 2013)

34. DFARS 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003)

35. DFARS 252.225-7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003)

36. DFARS 252.225-7029, Acquisition of Uniform Components for Afghan Military or Afghan National

Police (SEP 2013)

37. X DFARS 252.225-7031, Secondary Arab Boycott of Israel (JUN 2005)

38. DFARS 252.225-7035, Buy American—Free Trade Agreements—Balance of Payments Program

Certificate (NOV 2014)

a. Alternate I (NOV 2014) of 252.225-7035

b. Alternate II (NOV 2014) of 252.225-7035

c. Alternate III (NOV 2014) of 252.225-7035

d. Alternate IV (NOV 2014) of 252.225-7035

e. Alternate V (APR 2019) of 252.225-7035

39. DFARS 252.225-7036, Buy American --Free Trade Agreements--Balance of Payment Program

(DEC 2017)

a. Alternate I (DEC 2017) of 252.225-7036

b. Alternate II (NOV 2014) of 252.225-7036

c. Alternate III (DEC 2017) of 252.225-7036

d. Alternate IV (DEC 2017) of 252.225-7036

e. Alternate V (DEC 2017) of 252.225-7036

40. DFARS 252.225-7040, Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the

United States (OCT 2015)

41. DFARS 252.225-7043, Antiterrorism/Force Protection Policy for Defense Contractors Outside the

United States (JUN 2015)

42. X DFARS 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and

Native Hawaiian Small Business Concerns (APR 2019)

43. DFARS 252.227-7013, Rights in Technical Data – Noncommercial Items (FEB 2014)

44. X DFARS 252.227-7015, Technical Data -- Commercial Items (FEB 2014)

45. X DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 2016),

46. X DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (DEC

2018)

47. DFARS 252.232-7009, Mandatory Payment by Governmentwide Commercial Purchase Card (MAY

2018)

48. X DFARS 252.232-7010, Levies on Contract Payments (DEC 2006)

49. X DFARS 252.232-7011, Payments in Support of Emergencies and Contingency Operations (MAY

2013)

50. DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013)

51. DFARS 252.237-7019, Training for Contractor Personnel Interacting with Detainees (JUN 2013)

52. DFARS 252.239-7017, Notice of Supply Chain Risk (FEB 2019)

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53. DFARS 252.239-7018, Supply Chain Risk (FEB 2019)

54. X DFARS 252.243-7002, Requests for Equitable Adjustment (DEC 2012)

55. X DFARS 252.244-7000, Subcontracts for Commercial Items (JAN 2021)

56. DFARS 252.246-7003, Notification of Potential Safety Issues (JUN 2013)

57. DFARS 252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military Operations

(OCT 2010)

58. DFARS 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer

(JUN 2013)

59. X DFARS 252.247-7022, Representation of Extent of Transportation by Sea (JUN 2019)

60. X DFARS 252.247-7023, Transportation of Supplies by Sea (FEB 2019).

a. Alternate I (FEB 2019) of 252.247-7023.

b. . Alternate II (FEB 2019) of 252.247-7023

61. DFARS 252.247-7025, Reflagging or Repair Work (JUN 2005)

62. DFARS 252.247-7026, Evaluation Preference for Use of Domestic Shipyards – Applicable to

Acquisition of Carriage by Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade (NOV 2008)

63. DFARS 252.247-7027, Riding Gang Member Requirements (MAY 2018)

64. DFARS 252.247-7028, Application for U.S Government Shipping Documentation/Instructions (JUN

2012)

In addition to the clauses listed in paragraph (e) of FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items, the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

1. DFARS 252.227-7013, Rights in Technical Data – Noncommercial Items (FEB 2014)

2. DFARS 252.227-7015, Technical Data – Commercial Items (FEB 2014)

3. DFARS 252.227-7037, Validation of Restrictive Markings on Technical Data (SEP 2016)

4. DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013)

5. DFARS 252.237-7019, Training for Contractor Personnel Interacting with Detainees (JUN 2013)

6. DFARS 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer

(JUN 2013)

7. DFARS 252.247-7023, Transportation of Supplies by Sea (FEB 2019)

[Section Intentionally Left Blank]

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The following additional clauses are set forth in full text:

52.216-18 Ordering (AUG 2020) FAR

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from _date of contract award through contract expiration.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of clause)

SOLICITATION NO. SPE2DH-21-R-0002 Page 21 of 128

52.223-3, HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB

2021) FAR

(a) "Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No.313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material (If none, insert None) Identification No.

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No.313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No.313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the…