ATTACHEMNT 1 -STATEMENT OF WORK (SOW).pdf

SPE300-25-R-0046 BAG-IN-BOX BEVERAGE SOLICITATION FOR CONUS, NAVY SHIPS,

ALASKA, HAWAII, AND GUAM AREAS

SF1449 - CONTINUATION SHEET

CONTINUATION OF THE BLOCKS ON PAGE 1 (SF 1449)

BLOCK 8, Offer due Date/Local Time (continued) OFFER DUE DATE/LOCAL TIME: June 09, 2025, 3:00 P.M. LOCAL PHILADELPHIA TIME Submission via email to the Contract Specialists, Nicholas Mcdonald (Nicholas.Mcdonald@dla.mil), Zoraya Wilson (Zoraya.Wilson@dla.mil), and the Contracting Officer, Jacob Slotnick (Jacob.Slotnick@dla.mil).

BLOCK 9, Issued By DLA Troop Support Subsistence

Address Procuring Agency:

Defense Logistics Agency (DLA) Troop Support Post Office Box 56667 Philadelphia, PA 19111-6667

Solicitation Number: SPE300-25-R-0046 Solicitation Issue Date: May 07, 2025 Solicitation Closing Date: June 09, 2025, at 3:00 P.M., Eastern Time

ADDITIONAL NOTE: Offers must be submitted via email to the Contract Specialists, Nicholas Mcdonald (Nicholas.Mcdonald@dla.mil), Zoraya Wilson (Zoraya.Wilson@dla.mil), and the Contracting Officer, Jacob Slotnick (Jacob.Slotnick@dla.mil) (Be advised that email firewalls and capacity could come into play since only 10MB can be forwarded via email. If your proposal is larger than 10MB, please split your submission into smaller emails.)

Note: Submission of proposals through the upload capability in DIBBs is prohibited.

Note: For the subject acquisition, the Government intends to evaluate offers and award contract(s) without discussions. Therefore, the offeror's initial offer should contain the offeror’s best terms from a price and technical standpoint. The Government reserves the right to evaluate offers and make award(s) without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

As directed by the Contracting Officer, e-mail may also be used during discussions/negotiations, if discussions/negotiations are held, and for proposal revision(s), including Final Proposal Revision(s). The Contract Specialists, Nicholas Mcdonald (Nicholas.Mcdonald@dla.mil), Zoraya Wilson (Zoraya.Wilson@dla.mil), and the Contracting Officer, Jacob Slotnick (Jacob.Slotnick@dla.mil) may receive the e-mailed proposal revisions. If and when a request for proposal revision is issued, the date and time for receipt of proposal revisions, will be designated in that request. Submission of proposals and any revisions are subject to the terms of FAR 52.215-1.

mailto:Nicholas.Mcdonald@dla.mil mailto:Zoraya.Wilson@dla.mil mailto:Jacob.Slotnick@dla.mil mailto:Nicholas.Mcdonald@dla.mil mailto:Zoraya.Wilson@dla.mil mailto:Jacob.Slotnick@dla.mil mailto:Nicholas.Mcdonald@dla.mil mailto:Jacob.Slotnick@dla.mil

Block 10, This Acquisition is: NAICS: 312111

BLOCK 17A Contractor/Offeror (Continued):

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 SF1449 or see 52.212-1, Instructions to Offerors-Commercial Items for information on contacting Dun and Bradstreet.)

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

PRIMARY COMPANY POC/PHONE #:______________________________________________

E-MAIL ADDRESS: ______________________________________________________________

FAX NUMBER:_________________________________________________________________

BLOCK 17B (Continued):

REMITTANCE WILL BE MADE TO THE ADDRESS THAT THE CONTRACTOR HAS LISTED IN THE SYSTEM

FOR AWARD MANAGEMENT (SAM).

AUTHORIZED NEGOTIATORS:

The offeror represents that the following persons are authorized to negotiate on its behalf with the Government in connection with this request for proposal. Please list names, titles, e-mail addresses, and telephone numbers for each authorized negotiator.

BLOCKS 19-24 (CONTINUED): SEE STATEMENT OF WORK & SCHEDULE OF ITEMS

(See Attached Excel Spreadsheet)

Content s

CONTINUATION OF THE BLOCKS ON PAGE 1 (SF 1449)

BLOCK 8, Offer due Date/Local Time (continued) BLOCK 9, Issued By Block 10, This Acquisition is: NAICS: 312111 BLOCK 17A Contractor/Offeror (Continued):

BLOCK 17B (Continued):

AUTHORIZED NEGOTIATORS:

BLOCKS 19-24 (CONTINUED): SEE STATEMENT OF WORK & SCHEDULE OF ITEMS

(See Attached Excel Spreadsheet)

CAUTION NOTICE

***ALL OFFERORS ARE REQUIRED TO SUBMIT A COPY OF THEIR CURRENT WHOLESALE PRICE

LIST OR OTHER DOCUMENTS CONTAINING COMMERCIAL PRICING INFORMATION WITH THEIR

OFFER. ***

***ALL OFFERORS ARE REQUIRED TO SUBMIT A COPY OF THEIR AGREEMENTS WITH ALL THEIR

INDEPENDENT BOTTLERS THAT WILL BE USED TO SUPPORT OUR CUSTOMERS WITH THEIR

OFFER. ***

Contract Specialist & Contracting Officer

CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS

Contract Clauses 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2023)

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2025)

(DEVIATION 2025-O0003) AND (MAR 2025)(DEVIATION 2025-O0004)

Addendum Containing Supplementary Clauses in Full Text and by Reference

52.211-16 VARIATION IN QUANTITY (APR 1984)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

Solicitation Provisions FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023) Addendum to 52.212-1:

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAR 2025)(DEVIATION 2025-O0003) (MAR 2025) AND

(DEVISTION 2025-O0004) (MAR 2025) ALTERNATE I (OCT 2014)

Addendum Containing Supplementary Provisions in Full Text and by Reference

52.216-1 TYPE OF CONTRACT (APR 1984)

5452.233-9001 DISPUTES - AGREEMENT TO USE ALTERNATIVE DISPUTE

RESOLUTION (JUN 2020)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (OCT 2016)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran –Representation and Certification (JUN 2020)

PROCUREMENT NOTES

L06 Agency Protests (DEC 2016) Additional Clauses

???? DID YOU REMEMBER TO:????

I. SUPPLIES / SERVICES / PRICES

1. INTRODUCTION

2. CONTRACT MINIMUM/MAXIMUM

3. PRICING

4. SCHEDULE OF ITEMS

5. ADDITIONAL CUSTOMERS

6. CONTRACTING AUTHORITY

7. SWITCHING CONTRACTOR(S)

8. BEVERAGE DISPENSING EQUIPMENT

9. DUAL POUR CUSTOMERS

10. MINIMUM ORDER QUANTITY

II. PACKAGING AND LABELING

III. INSPECTION AND ACCEPTANCE

1. POINT OF INSPECTION AND ACCEPTANCE

2. PRODUCT QUALITY

3. CONTRACTOR QUALITY PROGRAM

4. WAREHOUSING AND SANITATION PROGRAM /STORED PRODUCT PEST MANAGEMENT

5. CONTRACTOR QUALITY AUDITS

6. RECALL PROCEDURES REQUIREMENTS

7. FOOD DEFENSE/FORCE PROTECTION

8. WARRANTIES

9. REJECTION PROCEDURES

10. ORDER AND DELIVERY CANCELLATIONS

IV. ORDERING AND DELIVERIES & PERFORMANCE

1. TERMS OF INDEFINITE QUANTITY CONTRACT

2. DELIVERY INSTRUCTIONS

3. DELIVERY VEHICLE REQUIREMENTS

4. NO SUBSTITUTIONS

5. HOLIDAYS

6. EMERGENCY ORDERS

7. AUTHORIZED RETURNS

8. SHORT SHIPMENTS/SHIPPING ERRORS

9. DELIVERY

10. SITE VISITS

11. ORDERING SYSTEM

12. ORDER PLACEMENT

13. PURCHASE ORDER

14. STORES (Subsistence Total Order and Receipt Electronic System)

15. INVOICING / PAYMENTS

16. PAYMENT

IV. CONTRACT ADMINISTRATION DATA

V. SPECIAL CONTRACT REQUIREMENTS

1. NON-COMPETE PROVISION

2. THIRD PARTY SUPPLIERS:

3. TAX CERTIFICATION

4. MANAGEMENT REPORTS

VI. OTHER SUBMISSION REQUIREMENTS

MILITARY CUSTOMER DELIVERY POINTS

CAUTION NOTICE

This acquisition is being processed under the authority of FAR 13.5. Simplified Acquisition Procedures for Certain Commercial products and Commercial Services and therefore will utilize simplified procedures for soliciting competition, evaluation, and award documentation and notification that comply with FAR 13.1. Part 12 clauses must be included in the solicitation.

. Solicitation SPE300-25-R-0046 is for full-service Bag-In-Box Beverage products delivery to Land and Ships Customers in the Continental United States (CONUS) and Alaska, Hawaii, and Guam. The contract period will be for fifteen (15) months or Seven Million dollars ($7,000,000.00) whichever comes first.

THIS SOLICITATION IS ISSUED ON AN “UNRESTRICTED” BASIS.

The acquisition will be a negotiated procurement utilizing the Best Value, Lowest Price Technically Acceptable (LPTA) Offerors must be determined technically acceptable, by providing proof of performing same /similar contracting in value and scope (providing service, equipment, and product).

Pricing must be determined fair and reasonable. The Government intends to award multiple contracts based on offers received in each item category (Carbonated and/or Non-Carbonated). Each contract, regardless of offeror’s choice of Carbonated and/or Non-Carbonated category or both categories serviced must include all customer locations (Land and Ships Customers in the Continental United States (CONUS) and Alaska, Hawaii, and Guam.

An exception to this would be not providing a unit price for Category 3, Line item 0013-Flavor Shots, if Offerors do not supply this item. All contracts will be for a 15-month period or $7,000,000.00 total combined, whichever comes first. Failure to indicate acceptance by annotating offered unit prices (which will be evaluated on a gallon per gallon basis), as described in the Schedule of Items, may be deemed as non-acceptance of the terms and conditions, and may result in rejection of the offeror’s entire proposal. An exception to this would be not providing a unit price for the line item that includes Touch Screen Dispenser equipment.

All products must be produced and manufactured in the United States in accordance with DFARS 252.225-7012.

OFFERORS ARE CAUTIONED TO TAKE EXTREME CARE WHEN PREPARING PROPOSALS IN

RESPONSE TO THIS SOLICITATION. ALL TERMS AND CONDITIONS SHOULD BE REVIEWED

CAREFULLY. ITEM DESCRIPTION/SPECIFICATIONS AND SPECIFIC DELIVERY LOCATIONS ARE

LISTED IN THIS SOLICITATION. HOWEVER, THE GOVERNMENT RESERVES THE RIGHT TO ADD

OR DELETE CUSTOMERS OR ITEMS AS MILITARY NEEDS CHANGE.

*** FIRMS CAN OFFER ON ONE OR MORE BEVERAGE CATEGORIES (CARBONATED

/ NON-CARBONATED), AND MUST BE ABLE TO DELIVER TO ALL CUSTOMERS IN EACH SPECIFIC

CUSTOMER GROUPING (E.G. LAND AND SHIPS CUSTOMERS IN THE CONTINENTAL UNITED

STATES (CONUS) AND ALASKA. CARBONATED BEVERAGES INCLUDE ANY CARBONATED

PRODUCTS SUCH AS

COLA, DIET COLA, LEMON-LIME SODA, ETC. NON-CARBONATED BEVERAGES INCLUDE ANY

NON-CARBONATED PRODUCTS SUCH AS ICED TEA, SPORTS DRINKS, FLAVORED WATERS,

JUICE BEVERAGES THAT CONTAIN LESS THAN 100% FRUIT JUICE, WITH THE EXCEPTION OF

CRANBERRY JUICE COCKTAIL OR CRANBERRY BLEND JUICE COCKTAILS WHICH CAN

CONTAIN A MAXIMUM OF 20% FRUIT JUICE AS PER 21 CFR PART 101.30. JUICES, DEFINED AS

CONTAINING 100% JUICE EXCEPT FOR CRANBERRY (I.E., 21% OR HIGHER JUICE

CONCENTRATION), IS NOT COVERED UNDER THIS SOLICITATION NOR WILL IT BE PROVIDED

UNDER ANY CONTRACTS ISSUED UNDER THIS SOLICITATION. ***

The Government intends to award to the responsible offeror(s) that conform to the solicitation requirements, and that offer fair and reasonable prices as determined by the Contracting Officer. The Government expects to make multiple awards. After awards, DLA customers will have the flexibility to choose among the successful Contractor(s) for Carbonated and/or Non-Carbonated item categories or both. In choosing a Contractor(s) to supply its Bag-In-Box beverage needs, customers are expected to consider price, flavor selection, service, and other factors. Customers may also choose to switch suppliers among the successful offerors during contract performance. Further details on switching suppliers are available under Statement of Work, section I, paragraph 7.

In accordance with FAR 4.1103, it is mandatory that in order to do business or continue to do business with any DoD Agency, Contractors/offerors must be actively registered in the System for Award Management (SAM). For registration information or assistance, visit the SYSTEM FOR AWARD MANAGEMENT website https://www.sam.gov

See Also “Deliveries and Performance” section under STATEMENT OF WORK.

Taking exception to any of the terms and conditions of the solicitation may deem your proposal technically unacceptable and may preclude consideration for award. An exception to this would be providing a unit price to the line item for Touch Screen Dispensers.

The requirements for Clause 52.222-37 Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C. 4212) mandate annual reporting of certain statistics on a form titled "Federal Contractor Veterans' Employment Report VETS-100."

***ALL OFFERORS ARE REQUIRED TO SUBMIT A COPY OF THEIR CURRENT

WHOLESALE PRICE LIST OR OTHER DOCUMENTS CONTAINING COMMERCIAL PRICING

INFORMATION WITH THEIR OFFER. ***

***ALL OFFERORS ARE REQUIRED TO SUBMIT A COPY OF THEIR AGREEMENTS WITH

ALL THEIR INDEPENDENT BOTTLERS THAT WILL BE USED TO SUPPORT OUR

CUSTOMERS WITH THEIR OFFER. ***

***PROPOSED PRICES SHALL BE FOB DESTINATION ONLY***

***In order to accommodate the Government’s ordering system (Subsistence Total Order and Receipt Electronic System -STORES), unit prices are limited to a maximum of 2 places after the decimal point (reference Clause DLAD 52.214-9008 “Rounding Off of Offer and Award Price”). *** https://www.sam.gov/

INSTRUCTIONS FOR COMPLETING THE COMPANY INFORMATION ON

ATTACHMENT 2-SCHEDULE OF ITEMS EXCEL SPREADSHEET

For instructions on completing the below information see attached Excel Spreadsheet tab titled “Instructions”

Please see attached Excel Spreadsheet tab titled “Company Information” and complete the required information.

• Company name and address, cage code, DUNS number, and Authorized Negotiator information

• Customer Service Points of Contact

• Ordering Capability and Points of Contact for Ordering and Invoicing/Payment

• Provide the Local Bottler Contact information to include Name and Region, address, and phone # with your offer.

• Provide a copy of your company's current Wholesale Price list or other documents containing Commercial

Pricing information. (NOT in the Excel spreadsheet BUT as an attachment to your offer).

*OFFERORS MUST SUBMIT PRICING ON AT LEAST ONE CATEGORYAND ALL ITEMS IN

THAT CATEGORY MUST BE PRICED* An exception to this would be not providing a unit price for Category 3, Line Item 0013-Flavor Shots, if Offerors do not supply this item.

Please see attached Excel Spreadsheet tab titled “Bag-In-Box - Schedule of Items” and complete the required information.

• Schedule of Items - Unit Price, which is the price per gallon (TWO decimal places only)

Please see attached Excel Spreadsheet tab titled “Flavors –Category Description” and complete the required information.

Full Item Description for each item (BEV BASE, COLA, (Brand) name of the product, 5-GAL BIB) Product Code for each item

*FAILURE TO CORRECTLY AND COMPLETELY PROVIDE THE INFORMATION ABOVE

COULD LEAD TO YOUR COMPANY’S BID BEING CONSIDERED NON- RESPONSIVE AND IT

WILL NOT BE EVALUATED FOR AWARD. PROVIDING THIS INFORMATION IS NOT

OPTIONAL, IT IS REQUIRED.

An exception to this would be not providing a unit price for the line item that includes Touch Screen Dispenser equipment.

If you have any questions, please contact the Contracting Officer that is associated with this procurement.

Contact information is provided below for your convenience.

Contract Specialist & Contracting Officer

Contracting Specialists:

Nicholas Mcdonald 215-737-2672 Nicholas.Mcdonald@dla.mil

Zoraya Wilson 215-737-9235 Zoraya.Wilson@dla.mil

Contracting Officer/Division Chief SMSG:

Jacob Slotnick 215-737-4514 Jacob.Slotnick@dla.mil

CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS

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)

If 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.

mailto:Jacob.Slotnick@dla.mil

Contract Clauses

52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2023)

Note: 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2023) is incorporated in this solicitation by reference. Its full text may be accessed electronically at https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse.

Text is available for viewing in Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links.

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2025)

(DEVIATION 2025-O0003) AND (MAR 2025)(DEVIATION 2025-O0004)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 89(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C.3903 and 10 U.S.C. 3801)

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78

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

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

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020) 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse

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

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

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

___ (6) [Reserved].

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

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

(OCT 2016) (Pub. L. 111-117, section 743 of Div. C.).

X (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of

Division R of Pub. L. 117-238).

___ (10) 52.204-28, Federal Acquisition Supply Chain Act Orders – Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-agency contracts (DEC 2023) (Pub.

L. 115-390, title II).

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

___ (ii) Alternate I (DEC 2023) of 52.204-30 X (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded (JAN 2025) (31 U.S.C. 6101 note).

X (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018) (41 U.S.C. 2313).

___ (14) [Reserved].

___ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C.

657a).

X (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (17) [Reserved] ___ (18) (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 ___ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020)

(15 U.S.C. 644).

___ (ii) Alternate I (Class Deviation 2020-O0008) (MAR 2020) of 52.219-7 X (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637

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

X (21) (i) 52.219-9, Small Business Subcontracting Plan (JAN 2025) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (NOV 2016) of 52.219-9 ___ (iii) Alternate II (NOV 2016) of 52.219-9 ___ (iv) Alternate III (JUN 2020) of 52.219-9 ___ (v) Alternate IV (JAN 2025) of 52.219-9 ___ (22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

___ (ii) Alternate I (MAR 2020) of 52.219-13 ___ (23) 52.219-14, Limitations on Subcontracting, Class Deviation 2021-O0008 (FEB 2023) (15

U.S.C. 637(a)(14)).

X (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i))002E

___ (25) 52.219-27, Notice of Set-Aside for, or Sole Source Award to, Service-Disabled Veteran- Owned Small Business (SDVOSB) Concerns Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

X (26) (i) 52.219-28, Post Award Small Business Program Representation (JAN 2025) (15 U.S.C. 632(a)(2)).

___ (ii) Alternate I (MAR 2020) of 52.219-28 ___ (27) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (OCT 2022) (15 U.S.C. 637(m)).

___ (28) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (OCT 2022) (15 U.S.C.

637(m)).

___ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

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

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

X (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2025) (E.O.

13126).

___ (33) [Reserved] ___ (34) [Reserved] X (35) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

X (36) (i) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 2020) (29 U.S.C.

793.)

___ (ii) Alternate I (JULY 2014) of 52.222-36.

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

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

(DEC 2010) (E.O. 13496).

X (39) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22.U.S.C. chapter 78 and E.O. 13627).

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

___ (40) 52.222-54, Employment Eligibility Verification (JAN 2025). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in 22.1803.)

___ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

___ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C. 7671).

___ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (May 2024) (42 U.S.C. 7671).

___ (44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671).

___ (45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671).

___ (46) 52.223-23, Sustainable Products and Services (MAR 2025)(DEVIATION 2025-O0004)

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

https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm

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

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

X (48) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2023)

(U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108- 286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I [Reserved] ___ (iii) Alternate II (JAN 2025) of 52.225-3.

___ (iv) Alternate III (FEB 2024) of 52.225-3.

___ (v) Alternate IV (OCT 2022) of 52.225-3.

___ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 Note.)

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

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

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

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007) (42 U.S.C. 5150).

___ (56) 52.229-12 Tax on Certain Foreign Procurements (FEB 2021) ___ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial

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

___ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services

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

X (59) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management

(OCT 2018) (31 U.S.C. 3332).

___ (60) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award

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

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

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

___ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by

American Security Drone Act-Covered Foreign Entities (NOV 2024) Sections 1821- 1826, Pub. L. 118-31, 41 U.S.C. 3901

X (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d) (12)).

___ (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

___ (ii) Alternate I (APR 2003) of 52.247-64.

___ (iii) Alternate II (NOV 2021) of 52.247-64.

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

[ Contracting Officer check as appropriate. ]

___ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67.).

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

U.S.C. chapter 67).

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

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

___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment

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

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

chapter 67).

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

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

___ (8) 52.222-62, Paid Sick Leave under Executive Order 13706 (JAN 2022) (E.O. 13706).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C.

1792).

___ (10) 52.247-69 Reporting Requirement for U.S.-Flag Carriers Regarding Training to Prevent Human Trafficking (JAN 2025) (49 U.S.C. 40118(g))

(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 products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

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

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

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.2014-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (NOV 2021) (Section 889(a)(1)(A) of Pub, L 115-232)

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-238).

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

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

(viii) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (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 -6 in lower tier subcontracts that offer subcontracting opportunities.

(ix) [Reserved]

(x) [Reserved]

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

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

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

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

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

(xvi) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

(xix) 52.222-54, Employment Eligibility Verification (JAN 2025) (E. O. 12989).

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

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

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

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

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

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph

(c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of provision)

52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than __5 BIBs_ [insert dollar figure or quantity], the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor— N/A

(1) Any order for a single item in excess of __N/A___ [insert dollar figure or quantity];

(2) Any order for a combination of items in excess of __N/A_ [insert dollar figure or quantity]; or

(3) A series of orders from the same ordering office within _N/A__ days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

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

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

(End of clause)

Addendum Containing Supplementary Clauses in Full Text and by Reference

The following additional clauses are set forth in full text:

52.211-16 VARIATION IN QUANTITY (APR 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

__NA___ percent increase ___NA__ percent decrease This increase or decrease shall apply to ______________NA_____________________.

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):

• FAR: https://www.ecfr.gov/cgi-bin/text-idx?SID=6e9bf6d81b42b0ae243df8c51e13fa62&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl

• DFARS: https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse.

• DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

The following additional clauses are incorporated by reference:

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

(JAN 2023) DFARS

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country That is a State Sponsor of Terrorism (MAY 2019) DFARS

252.225-7002 Qualifying Country Sources as Subcontractors (MAR 2022) DFAR

52.232-17 Interest (MAY 2014) FAR

52.242-13 Bankruptcy (JUL 1995) FAR

52.242-15 Stop Work Order (AUG 1989) FAR

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (DEC 2022)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (NOV 2024)

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

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

https://www.ecfr.gov/cgi-bin/text-idx?SID=6e9bf6d81b42b0ae243df8c51e13fa62&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl https://www.ecfr.gov/cgi-bin/text-idx?SID=6e9bf6d81b42b0ae243df8c51e13fa62&mc=true&tpl=/ecfrbrowse/Title48/48tab_02.tpl https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEPLOYED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES (DEC 2023)

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

52.204-22 ALTERNATE LINE ITEM PROPOSAL (JAN 2017)

52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995)

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS

CONCERNS (OCT 2022)

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

252.204-7009 LIMITATIONS ON THE USE AND DISCLOSURE OF THIRD-PARTY CONTRACTOR

REPORTED CYBER INCIDENT INFORMATION (JAN 2023)

252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (JAN 2023)

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (DEVIATION 2024-O0013 REVISION 1)(MAY 2024)

252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION (MAY 2021)

252.206-7000 DOMESTIC SOURCE RESTRICTION (AUG 2023)

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY

OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

252.212-2 EVALUATION - COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV

2021)

52.216-18 ORDERING (AUG 2020)

C03 CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY DOCUMENTATION

(JUN 2023)

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE

DRIVING (MAY 2024)

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS

(MAR 2023)

252.225-7060 PROHIBITION ON CERTAIN PROCUREMENTS FOR XINJIANG UYGHUR

AUTONOMUS REGION (JUN 2023)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)

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

52.247-34 F.O.B DESTINATION (JAN 1991)

252.204-7016 COVERED DEFENSE TELECOMUNICATIONS EQUIPMENT OR SERVICES –

REPRESENTATION (DEC 2019)

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2023)

252.225-7048 EXPORT CONTROLLED ITEMS (JUN 2013)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATION (JUN 2013)

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020)

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

52.204-20 PREDECESSOR OF OFFEROR (AUG 2020)

52.207-4 ECONOMIC PURCHASE QUANTITY—SUPPLIES (AUG 1987)

252.225-7059 PROHIBITION ON CERTAIN PROCUREMENTS FROM THE XINJIANG UYGHUR

AUTONOMUS REGION – REPRESENTATION (JUN 2023)

252.204-7024 NOTICE ON THE USE OF THE SUPPLIER RISK SYSTEM (MAR 2023)

252.239-7098 PROHIBITION ON CONTRACTING TO MAINTAIN OR ESTABLISH A COMPUTER

NETWORK UNLESS SUCH NETWORK IS DESIGNED TO BLOCK ACCESS TO

CERTAIN WEBSITES-REPRESENTATION (DEVIATION 2021-O0003) (APR 2021)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION

(OCT 2020)

Solicitation Provisions

FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1) Is set aside for small business and has a value above the simplified acquisition threshold;

(2) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show --

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing…