SPE4A822Q0030 Solicitation.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 0092120951

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE4A8-22-Q-0030

5. SOLICITATION NUMBER

2022 JAN 19

6. SOLICITATION ISSUE

DATE

Stacey Thomas DST0072

a. NAME

Phone: 804-279-1352

b. TELEPHONE NUMBER (No Collect calls)

2022 FEB 21

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE4A8

DLA AVIATION

ASC INDUSTRIAL PLANT EQUIPMENT

8000 JEFFERSON DAVIS HWY

RICHMOND VA 23297

USA

10. THIS ACQUISITION IS 100UNRESTRICTED 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

333517NAICS:

500SIZE 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

05:00 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)

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED:

CONTINUED ON NEXT PAGE

PAGE 3 OF 22 PAGES

SPE4A8-22-Q-0030

If there are attachments to this solicitation or amendment, you will find a section titled Attachments with a subsection titled “List of Attachments” on the last page. The following are the steps you will need to follow to access those attachments if you are using Adobe Acrobat Reader X (10.1.3). The steps for older versions of Adobe Acrobat Reader may vary. The latest Adobe Acrobat Reader can be downloaded at http://get.adobe.com/reader/ (Note: this is a third party software. For support please contact Adobe directly.).

1. Open the PDF document either from the link in the email notification or by searching for the award on DLA Internet Bid Board System (DIBBS).

2. Position the cursor over the center of the award document.

3. A floating tool bar appears, click the Adobe Acrobat Reader logo at the right end of the tool bar.

4. This opens another tool bar on the left and side of the award document.

5. On this tool bar, click the paper clip icon.

6. This will open a list of attachments on the left hand side of the award document.

7. Click each attachment in the list to view them.

This solicitation is intended to result in a Firm Fixed Price Contract for the following items in accordance with attached Purchase Request VIBB 19-40-1003. This is a 100% Set-aside (Small Business) acquisition. This solicitation is issued under the guidance of FAR 13.5, Permanent Authority for Use of Simplified Acquisition Procedures for Certain Commercial Items.

SITE VISIT INFORMATION:

Date: 2/16/2022 Time: 1300 – Note: Need to be completed with Pass and ID at the Nebo visit center prior to the start of the meeting.

POC: Andy Jones Telephone Number: (760) 577-7090 Location: Marine Corps Logistics Base Barstow – Yermo Annex, CA 92311-5015

BLDG: 573

City & State with Zip: Barstow, CA 92311-5015

**To be considered for this procurement the Offeror must submit a complete Request for Quote, with the signature of an authorized company representative that can obligate your company in contractual matters**

EQUIPMENT OFFERED: ___________________________________

MANUFACTURED BY: ____________________________________

*MANUFACTURING LOCATION: ___________________________

MODEL NUMBER: ________________________________________

COUNTRY OF ORIGIN: ____________________________________

ARE YOU A DEALER OR MANUFACTURER: _______________

*For items manufactured outside the United States the offeror shall submit as part of its proposal a description of their company’s internal procedures for verifying country of origin data.

DELIVER TO: SHIP TO: DLA IPE Services Division Bldg 505/A-14 5450 Carlisle Pike Mechanicsburg, PA 17050

DODAAC: N62458

OFFER VALID UNTIL: ______________________________________________(Unless otherwise stated your offer shall be considered valid for 180 days from closing date of solicitation)

FOB: DESTINATION

INSPECTION: DESTINATION

ACCEPTANCE: DESTINATION

FOB: Destination. All CLINs shall be inspected and accepted at Destination.

Marine Depot Maintenance Command-Production Plant Barstow (MDMC-PPB) Yermo Annex of Marine Corps Logstics Base Barstow, California 92311

Pages: 14 -22 of this solicitation are non-applicable. *Refer to all attachments

Proposals must include estimated freight costs for evaluation purposes. The freight cost in the contract will be a Not to Exceed amount. This will be a firm-fixed-price contract and the funding cannot be adjusted upward after award.

Freight for this contract will be paid based on the actual costs only. All payment requests for freight shall be accompanied by actual invoices. Payment requests for freight without actual invoices will be denied.

Special Notes:

1. The Performance Period/Completion Date for all items is 180 days after receipt of order. Please confirm by your signature below that the 180 days ARO can be met or provide your best performance period/completion date.

______________________________________________________________________ Signature (Provide best completion date if other than 180 days ARO).

2) Technical Compliance & Descriptive Literature: Submit three (3) complete unpriced hard copies via USPS, FEDEX, DHL, ETC, OR via courier, or in person to:

DLA Aviation Mail Room, Bldg. 210 Attn: Stacey O. Thomas / Bldg 32 “L” Bay 8000 Jefferson Davis Highway Richmond, VA 23297-5166

All elements listed above are due to DLA Aviation by the closing date and time listed in the solicitation.

Descriptive Literature – IPE

PAGE 4 OF 22 PAGES

SPE4A8-22-Q-0030

The technical requirements of the Purchase Description, Salient Characteristics or Statement of Work shall be addressed as follows:

(a) "Descriptive literature" means information (e.g., cuts, illustrations, drawings and original manufacturers' brochures) that is submitted as part of a quote. Descriptive literature is required to establish, for the purpose of evaluation and award, details of the product quoted that are specified elsewhere in the solicitation and pertain to significant elements such as (1) design; (2) materials; (3) components; (4) performance characteristics; and (5) methods of manufacture, assembly, construction, or operation. The term includes only information required to determine the technical acceptability of the quoted product; it does not include other information such as that used in determining the responsibility of a prospective contractor or for operating or maintaining equipment.

(b) Descriptive literature must be:

(1) identified to show the item(s) of the quote to which it applies

(2) received by the time specified in this solicitation for receipt of quotes.

(c) Data displaying more than one model or size shall be clearly marked so as to indicate the specific item being quoted.

(d) The Offeror shall submit descriptive literature in triplicate, which provides evidence of compliance to the requirements of this solicitation. Unless indicated otherwise in the Request for Quotation, each paragraph in the Purchase Description, Salient Characteristics, or Statement of Work must be addressed in the descriptive literature submitted with an annotation indicating any exceptions taken or alternates proposed. Any Purchase Description, Salient Characteristics, or Statement of Work requirements not addressed in the descriptive literature shall be submitted in a narrative form. Paragraphs annotated "exception" or "alternate" shall indicate why the exception or alternate is being taken and what is quoted in its place.

(e) Quotes which do not present sufficient information to permit complete technical evaluation by the Government may be rejected.

Indication of Compliance or Exception to Technical Requirements (COMPLIANCE STATEMENT)

The identical numerical sequence stated in the attached technical scope of work must be used in the vendor's compliance statement. Each response shall include one of the following statements:

a.)EXCEEDS: Where the vendor surpasses the requirement, a narrative description shall be provided.

b.)COMPLY: Where the vendor meets the requirement the compliance statement should reflect comply. No narrative is required to be provided unless requested.

c.)EXCEPTION TO: Where the vendor takes exception to the requirement, a narrative description shall be provided.

Vendors who do not provide sufficient technical data for evaluation (by the methods noted above); may be rejected without further consideration. The supplying of standard commercial literature shall not be construed as compliance unless it is complete in all details as to permit a technical evaluation in accordance with these instructions.

Descriptive literature shall be written in English and all dimensions, capacities, and ratings given in the US system of measurements. Information submitted other than as herein described will not be translated or converted by the Government to determine product conformance or acceptability.”

3. 52.246-9061 WARRANTY OF INDUSTRIAL PLANT EQUIPMENT (IPE) – FSG 34 (SEP 2008) - DLAD

(a) Definitions: "Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services rendered, as partial or complete performance of the contract. "Supplies," as used in this clause, means the end items furnished by the Contractor and related services required under this contract. The word does not include "Data."

(b) Contractor's obligations.

(1) The Contractor warrants that for one (1) year all supplies furnished under this contract will be free from defects in material and workmanship and will conform with all requirements of this contract. Warranty period begins from the date of acceptance.

(2) Any supplies or parts thereof corrected or furnished in replacement by the Contractor shall be subject to the conditions of this clause to the same extent as supplies initially delivered. This warranty shall be equal in duration to that set forth in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

(3) When the machine is inoperable because of a defect, deficiency and/or nonconformance subject to the Contractor's warranty and after the Contractor has received written notice of the defect, deficiency or nonconformance, the warranty shall be extended for the time period during which the machine was inoperable (i.e.,length of time from when Contractor receives notification until machine is operable.)

(4) The Contractor shall not be obligated to correct or replace supplies if the facilities, tooling, drawings, or other equipment or supplies necessary to accomplish the correction or replacement have been made unavailable to the Contractor by action of the Government. In the event that correction or replacement has been directed, the Contractor shall promptly notify the Contracting Officer, in writing, of the non-availability.

(5) The Contractor shall also prepare and furnish to the Government data and reports applicable to any correction required (including revision and updating of all affected data called for under this contract) at no increase in the contract price.

(6) When supplies are returned to the Contractor, the Contractor shall bear the transportation costs from the place of delivery specified in the contract (irrespective of the f.o.b. point or the point of acceptance) to the Contractor's

PAGE 5 OF 22 PAGES

SPE4A8-22-Q-0030

plant and return. When defective items are returned to the Contractor from other than the place of delivery specified in the contract, or when the Government exercises alternate remedies, the Contractor's liability for transportation charges incurred shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in the contract and the Contractor's plant and subsequent return.

(7) The warranties expressed herein are in lieu of any implied warranties of merchantability and "fitness for a particular purpose."

(8) Remedies available to the Government.

(a) In the event of a breach of the contractor's warranty, the Government may, at no increase in contract price:

(i) Require the contractor, at the place of delivery specified in the contract (irrespective of the F.O.B. point or point of acceptance), or at the contractor's plant, to repair or replace, at the contractor's election, defective or nonconforming supplies, or

(ii) Require the contractor to furnish at the contractor's plant the materials or parts and installation instructions required to successfully accomplish the correction.

(iii) Where it is impracticable for the Government to pursue remedies at (i) and (ii), the Government may arrange for the repair or replacement of defective or nonconforming supplies by the Government or by another source at the contractor's expense. Where the Government is to accomplish the repair, the contractor at the Government's option will furnish the material or parts and the instruction required to successfully accomplish the repair.

(9) If the contracting officer does not require correction or replacement of defective or nonconforming supplies or the contractor is not obligated to correct or replace under paragraph

(4) the Government shall be entitled to an equitable reduction in the contract price.

(10) The contracting officer shall notify the contractor in writing of any breach of the warranty in paragraph (b) of this clause within a reasonable period, but not later than 45 days after discovery of the defect. The contractor shall submit to the contracting officer a written recommendation within two working days as to the corrective action required to remedy the breach. After the notice of breach, but not later than five days after receipt of the contractor's recommendation for corrective action, the contracting officer may, in writing, direct correction or replacements in paragraph (8)(a) and the contractor shall comply with this direction within five days of receipt.

If it is later determined that the contractor did not breach the warranty in paragraphs (1) and (b) the contract price will be equitably adjusted.

(11) If supplies are corrected or replaced, the period for notification of a breach of the contractor’s warranty in paragraph 10 shall be 45 days from the discovery of the defect.

(12) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of the contract.

(13) The contractor shall be liable for the reasonable costs of disassembly and/or reassembly of larger items when it is necessary to remove the supplies to be inspected and/or returned for correction or replacement.

Warranty terms shall be in accordance with the Warranty Clause 52.246-9061, WARRANTY OF INDUSTRIAL PLANT EQUIPMENT (IPE) – FSG 34 cited above. Please confirm by your signature below that the Warranty terms and conditions are acceptable.

______________________________________________________________ Signature Date

4. Contractor shall complete all clauses.

5. Quality Assurance Provision (QAP) Number 208 shall apply.

6. There will be at least a minimum charge of $2,500.00 for each re-inspection that has to be performed by the government due to machine not ready for inspection.

7. After contract award, all questions or issues shall be addressed with the contract specialist listed in Block 7 (a). The contracting officer is the “only” individual authorized to make any changes.

8. All questions and issues shall be addressed to the Contract Administrator assigned to this contract. Per FAR clause 52.247-27, Solicitations Not Affected by Oral Agreement, no oral statement of any person shall amend or otherwise affect the terms, conditions or specifications stated in the solicitation or contract.

9. Packaging/Marking is to be in accordance with the latest revision of ASTM-D-3951.

10. If ocean transportation of supplies are applicable, please see clause 252.247-7023 Transportation of Supplies by Sea in regards to U.S. Flag Vessels and quote accordingly.

11. Refer to the attachment for applicable clauses

Attachments:

INSTRUCTIONS TO OFFERORS: Pages 1-6 Quality Assurance Provision (QAP): Pages 7-8 PURCHASE DESCRIPTION: NEW CONVEYOR SYSTEM AND PAINT BOOTH/OVEN DOORS: Pages 9-16

PAGE 6 OF 22 PAGES

SPE4A8-22-Q-0030

MDMC PPB SLIDING METAL DOORS SPECIFICATION: Pages 17-18 MONORAIL LAYOUT: Pages 19-23 MONORAIL PHOTOS: Pages 24-35 PAINT DRYING RAIL DRAWING: Pages 36-45 PRODUCTION PLANT BARSTOW ACCESS REQUIREMENTS: Pages 46-53 APPLICABLE CLAUSES: Pages 54-102 PAST PERFORMANCE QUESTIONNAIRE: Pages 103-104 PAYMENT INSTRUCTIONS: Page 105

PAGE 7 OF 22 PAGES

SPE4A8-22-Q-0030

SECTION B

SUPPLIES/SERVICES: 3424-N00010000

ITEM DESCRIPTION:

CLIN 0001 IPE - Heat and Non-Thermal Treating Equipment

IAW VIBB# 19-40-1003

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0001 3424-N00010000 1.000 EA $ ________________ $ ________________

IPE - Heat and Non-Thermal Treating Equ

PRICING TERMS: Firm Fixed Price

QTY VARIANCE: PLUS 0% MINUS 0%

INSPECTION POINT: DESTINATION

ACCEPTANCE POINT: DESTINATION

FOB: DESTINATION DELIVERY DATE: 180 DAYS ADO

PREP FOR DELIVERY:

SHALL BE PACKAGED STANDARD IN ACCORDANCE WITH ASTM D 3951.

PARCEL POST ADDRESS:

SC0400

DLA AVIATION

BUSINESS OPERATIONS

8000 JEFFERSON DAVIS HWY

RICHMOND VA 23297-5770

US

FOR TRANSPORTATION SEE DLAD DLAD PROC NOTE C19. FOR FIRST DESTINATION TRANSPORTATION SEE DLAD PROC NOTE C20 AND

CONTRACT

FREIGHT SHIPPING ADDRESS:

SC0400

DLA AVIATION

BUSINESS OPERATIONS

8000 JEFFERSON DAVIS HWY

GOVT USE

External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date .

0001 0092120951 0001 N/A N/A N/A 05/22/2022

SUPPLIES/SERVICES: 3460-N00004585

CLIN 0002 IPE - Inspection

PAGE 8 OF 22 PAGES

SPE4A8-22-Q-0030

SECTION B

SUPPLY/SERVICE: 3460-N00004585 CONT'D

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0002 3460-N00004585 1.000 EA $ ________________ $ ________________

IPE - Inspection

INSPECTION POINT: DESTINATION

ACCEPTANCE POINT: DESTINATION

FOB: DESTINATION DELIVERY DATE: 180 DAYS ADO

DLA AVIATION

BUSINESS OPERATIONS

8000 JEFFERSON DAVIS HWY

FOR TRANSPORTATION SEE DLAD DLAD PROC NOTE C19. FOR FIRST DESTINATION TRANSPORTATION SEE DLAD PROC NOTE C20 AND

FREIGHT SHIPPING ADDRESS:

SC0400

DLA AVIATION

BUSINESS OPERATIONS

8000 JEFFERSON DAVIS HWY

ITEM PR PRLI PR PRLI Material Need Ship Date .

0002 0092120951 0002 N/A N/A N/A 05/22/2022

SUPPLIES/SERVICES: 3460-N00004590

CLIN 003 IPE - Rigging

0003 3460-N00004590 1.000 EA $ ________________ $ ________________

IPE - Rigging

INSPECTION POINT: DESTINATION

PAGE 9 OF 22 PAGES

SPE4A8-22-Q-0030

SUPPLY/SERVICE: 3460-N00004590 CONT'D

ACCEPTANCE POINT: DESTINATION

FOB: DESTINATION DELIVERY DATE: 180 DAYS ADO

DLA AVIATION

BUSINESS OPERATIONS

8000 JEFFERSON DAVIS HWY

FOR TRANSPORTATION SEE DLAD DLAD PROC NOTE C19. FOR FIRST DESTINATION TRANSPORTATION SEE DLAD PROC NOTE C20 AND

FREIGHT SHIPPING ADDRESS:

SC0400

DLA AVIATION

BUSINESS OPERATIONS

8000 JEFFERSON DAVIS HWY

ITEM PR PRLI PR PRLI Material Need Ship Date .

0003 0092120951 0003 N/A N/A N/A 05/22/2022

SUPPLIES/SERVICES: 3460-N00004594

CLIN 0004 IPE - Training

0004 3460-N00004594 1.000 EA $ ________________ $ ________________

IPE - Training

ACCEPTANCE POINT: DESTINATION

FOB: DESTINATION DELIVERY DATE: 180 DAYS ADO

PAGE 10 OF 22 PAGES

SPE4A8-22-Q-0030

SUPPLY/SERVICE: 3460-N00004594 CONT'D

DLA AVIATION

BUSINESS OPERATIONS

8000 JEFFERSON DAVIS HWY

FOR TRANSPORTATION SEE DLAD DLAD PROC NOTE C19. FOR FIRST DESTINATION TRANSPORTATION SEE DLAD PROC NOTE C20 AND

FREIGHT SHIPPING ADDRESS:

SC0400

DLA AVIATION

BUSINESS OPERATIONS

8000 JEFFERSON DAVIS HWY

ITEM PR PRLI PR PRLI Material Need Ship Date .

0004 0092120951 0004 N/A N/A N/A 05/22/2022

SUPPLIES/SERVICES: 3460-N00004591

CLIN 0005 IPE - Shipping

0005 3460-N00004591 1.000 EA $ ________________ $ ________________

IPE - Shipping

ACCEPTANCE POINT: DESTINATION

FOB: DESTINATION DELIVERY DATE: 180 DAYS ADO

DLA AVIATION

BUSINESS OPERATIONS

8000 JEFFERSON DAVIS HWY

FOR TRANSPORTATION SEE DLAD DLAD PROC NOTE C19. FOR FIRST DESTINATION TRANSPORTATION SEE DLAD PROC NOTE C20 AND

PAGE 11 OF 22 PAGES

SPE4A8-22-Q-0030

SUPPLY/SERVICE: 3460-N00004591 CONT'D

FREIGHT SHIPPING ADDRESS:

DLA AVIATION

BUSINESS OPERATIONS

8000 JEFFERSON DAVIS HWY

ITEM PR PRLI PR PRLI Material Need Ship Date .

0005 0092120951 0005 N/A N/A N/A 05/22/2022

SUPPLIES/SERVICES: 3460-N00004586

CLIN 0006 IPE - Installation

0006 3460-N00004586 1.000 EA $ ________________ $ ________________

IPE - Installation

ACCEPTANCE POINT: DESTINATION

FOB: DESTINATION DELIVERY DATE: 180 DAYS ADO

DLA AVIATION

BUSINESS OPERATIONS

8000 JEFFERSON DAVIS HWY

FOR TRANSPORTATION SEE DLAD DLAD PROC NOTE C19. FOR FIRST DESTINATION TRANSPORTATION SEE DLAD PROC NOTE C20 AND

FREIGHT SHIPPING ADDRESS:

SC0400

DLA AVIATION

BUSINESS OPERATIONS

8000 JEFFERSON DAVIS HWY

PAGE 12 OF 22 PAGES

SPE4A8-22-Q-0030

SUPPLY/SERVICE: 3460-N00004586 CONT'D

ITEM PR PRLI PR PRLI Material Need Ship Date .

0006 0092120951 0006 N/A N/A N/A 05/22/2022

SUPPLIES/SERVICES: 3460-N00004587

CLIN 0007 IPE - IUID Tag

0007 3460-N00004587 1.000 EA $ ________________ $ ________________

IPE - IUID Tag

INSPECTION POINT: DESTINATION

ACCEPTANCE POINT: DESTINATION

FOB: DESTINATION DELIVERY DATE: 180 DAYS ADO

DLA AVIATION

BUSINESS OPERATIONS

8000 JEFFERSON DAVIS HWY

FOR TRANSPORTATION SEE DLAD DLAD PROC NOTE C19. FOR FIRST DESTINATION TRANSPORTATION SEE DLAD PROC NOTE C20 AND

FREIGHT SHIPPING ADDRESS:

SC0400

DLA AVIATION

BUSINESS OPERATIONS

8000 JEFFERSON DAVIS HWY

ITEM PR PRLI PR PRLI Material Need Ship Date .

0007 0092120951 0007 N/A N/A N/A 05/22/2022

PAGE 13 OF 22 PAGES

SPE4A8-22-Q-0030

SECTION B

SUPPLY/SERVICE: 3460-N00004592 CONT'D

SUPPLIES/SERVICES: 3460-N00004592

CLIN 0008 IPE - Technical Data

0008 3460-N00004592 1.000 LT $ ________________ $ ________________

IPE - Technical Data

INSPECTION POINT: DESTINATION

ACCEPTANCE POINT: DESTINATION

FOB: DESTINATION DELIVERY DATE: 180 DAYS ADO

DLA AVIATION

BUSINESS OPERATIONS

8000 JEFFERSON DAVIS HWY

FOR TRANSPORTATION SEE DLAD DLAD PROC NOTE C19. FOR FIRST DESTINATION TRANSPORTATION SEE DLAD PROC NOTE C20 AND

FREIGHT SHIPPING ADDRESS:

SC0400

DLA AVIATION

BUSINESS OPERATIONS

8000 JEFFERSON DAVIS HWY

ITEM PR PRLI PR PRLI Material Need Ship Date .

0008 0092120951 0008 N/A N/A N/A 05/22/2022

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 14 OF 22 PAGES

SECTION A - SOLICITATION/CONTRACT FORM

TECHNICAL REQUIREMENTS

THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN `R' OR AN `I' NUMBER IN SECTION B) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE

WEB AT:

http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-

ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.

SECTION F - DELIVERIES OR PERFORMANCE

52.247-34 F.O.B. DESTINATION (NOV 1991) FAR

SECTION I - CONTRACT CLAUSES

52.202-1 DEFINITIONS (JUN 2020) FAR

52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014) FAR

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020) FAR

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020), ALT I (OCT 1995) FAR

52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020) FAR

52.203-8 CANCELLATION, RECISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) FAR

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) FAR

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020) FAR

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (JUN 2020) FAR

252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT-RELATED FELONIES (DEC

2008) DFARS

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) FAR

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

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT

INFORMATION (OCT 2016) DFARS

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEC 2019) DFARS

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 15 OF 22 PAGES

SPE4A8-22-Q-0030

SECTION I - CONTRACT CLAUSES (CONTINUED)

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUN 2020) FAR

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

52.222-19 CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES (DEVIATION 2020-O0019) (JUL 2020) FAR

(a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in --

(1) Israel, and the anticipated value of the acquisition is $50,000 or more;

(2) Mexico, and the anticipated value of the acquisition is $83,099 or more; or

(3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $182,000 or more.

(b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212-3(i), the Contractor agrees to cooperate fully with authorized officials of the contracting agency, the Department of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized officials.

(c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations:

(1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products.

(2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector General, Attorney General, or the Secretary of the Treasury.

(3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes.

(4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor. (The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.)

(d) Remedies.

(1) The Contracting Officer may terminate the contract.

(2) The suspending official may suspend the Contractor in accordance with procedures in FAR Subpart 9.4.

(3) The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR Subpart 9.4.

(End of clause)

52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) FAR

52.222-26 EQUAL OPPORTUNITY (SEP 2016) FAR

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) FAR

252.225-7052 RESTRICTION ON THE ACQUISITION OF CERTAIN MAGNETS, TANTALUM, AND TUNGSTEN (OCT 2020) DFARS

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN

SMALL BUSINESS CONCERNS (SEP 2004) DFARS

52.232-17 INTEREST (MAY 2014) FAR

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) FAR

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) DFARS

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 16 OF 22 PAGES

SPE4A8-22-Q-0030

SECTION I - CONTRACT CLAUSES (CONTINUED)

(a) Definitions. As used in this clause-

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

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

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

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall-

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

(Contracting Officer: Insert applicable document type(s).

Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)

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

Routing Data Table*

Field Name in WAWF Data to be entered in

WAWF

Pay Official DoDAAC Issue By DoDAAC Admin DoDAAC

Inspect By DoDAAC Ship To Code

Ship From Code Mark For Code

Service Approver (DoDAAC)

Service Acceptor (DoDAAC)

Accept at Other DoDAAC LPO DoDAAC

DCAA Auditor DoDAAC Other DoDAAC(s)

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications”

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 17 OF 22 PAGES

SPE4A8-22-Q-0030

SECTION I - CONTRACT CLAUSES (CONTINUED)

field of WAWF once a document is submitted in the system.

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006) DFARS

52.233-3 PROTEST AFTER AWARD (AUG 1996) FAR

52.242-13 BANKRUPTCY (JUL 1995) FAR

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENTS (DEC 2012) DFARS

(a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the Contractor believes the Government is liable. The request shall include only costs for performing the change, and shall not include any costs that already have been reimbursed or that have been separately claimed. All indirect costs included in the request shall be properly allocable to the change in accordance with applicable acquisition regulations.

(b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of the Contractor:

I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief.

(Official's Name)

(Title)

(c) The certification in paragraph (b) of this clause requires full disclosure of all relevant facts, including

(1) Certified cost or pricing data, if required, in accordance with subsection 15.403-4 of the Federal Acquisition Regulation (FAR); and

(2) Data other than certified cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including actual cost data and data to support any estimated costs, even if certified cost or pricing data are not required.

(d) The certification requirement in paragraph (b) of this clause does not apply to

(1) Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under a cost-reimbursement type contract, or progress payment invoices; or

(2) Final adjustments under an incentive provision of the contract.

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (OCT 2020) DFARS

252.246-7007 CONTRACTOR COUNTERFEIT ELECTRONIC PART DETECTION AND AVOIDANCE SYSTEM (AUG 2016) DFARS

252.246-7008 SOURCES OF ELECTRONIC PARTS (MAY 2018) DFARS

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) FAR

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):

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 18 OF 22 PAGES

SPE4A8-22-Q-0030

SECTION I - CONTRACT CLAUSES (CONTINUED)

FAR: https://www.acquisition.gov/?q=browsefar

DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

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

52.253-1 COMPUTER GENERATED FORMS (JAN 1991) FAR

252.204-7016 COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES - REPRESENTATION (DEC 2019) DFARS

(a) Definitions. As used in this provision, “covered defense telecommunications equipment or services” has the meaning provided in the clause 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered defense telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ] does, [ ] does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES

(JAN 2021) DFARS

252.225-7048 EXPORT CONTROLLED ITEMS (JUN 2013) DFARS

252.225-7051 PROHIBITION ON ACQUISITION OF CERTAIN FOREIGN COMMERCIAL SATELLITE SERVICES (DEVIATION 2021-

O0006) (JUN 2021) DFARS

(a) Definitions. As used in this clause --

“Covered foreign country” means --

(i) The People's Republic of China;

(ii) North Korea;

(iii) The Russian Federation; or

(iv) Any country that is a state sponsor of terrorism. (10 U.S.C. 2279)

“Foreign entity” means --

(i) Any branch, partnership, group or sub-group, association, estate, trust, corporation or division of a corporation, or organization organized under the laws of a foreign state if either its principal place of business is outside the United States or its equity securities are primarily traded on one or more foreign exchanges.

(ii) Notwithstanding paragraph (i) of this definition, any branch, partnership, group or sub-group, association, estate, trust, corporation or division of a corporation, or organization that demonstrates that a majority of the equity interest in such entity is ultimately owned by U.S.

nationals is not a foreign entity. (31 CFR 800.212)

“Government of a covered foreign country” includes the state and the government of a covered foreign country, as well as any political subdivision, agency, or instrumentality thereof.

“Launch vehicle” means a fully integrated space launch vehicle. (10 U.S.C. 2279)

“Satellite services” means communications capabilities that utilize an on-orbit satellite for transmitting the signal from one location to another.

“State sponsor of terrorism” means a country determined by the Secretary of State, under section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (Title XVII, Subtitle B, of the National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232)], to be a country the government of which has repeatedly provided support for acts of international terrorism. As of the date of this provision, state sponsors of terrorism include: Iran, North Korea, and Syria. (10 U.S.C. 2327)

(b) Limitation. Unless specified in its offer, the Contractor shall not provide satellite services under this contract that --

(1) Are from a covered foreign country; or

(2) Except as provided in paragraph (c), use satellites that will be-

(i) Designed or manufactured --

(A) In a covered foreign country; or

(B) By an entity controlled in whole or in part by, or acting on behalf of, the government of a covered foreign country; or

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 19 OF 22 PAGES

SPE4A8-22-Q-0030

SECTION I - CONTRACT CLAUSES (CONTINUED)

(ii) Launched outside the United States using a launch vehicle that is designed or manufactured --

(A) In a covered foreign country; or

(B) Provided by --

(1) The government of a covered foreign country; or

(2) An entity controlled in whole or in part by, or acting on behalf of, the government of a covered foreign country.

(c) Exception. The limitation in paragraph (b)(2) shall not apply with respect to --

(1) A launch that occurs prior to December 31, 2022; or

(2) A satellite service provider that has a contract or other agreement relating to launch services that, prior to June 10, 2018, was either fully paid for by the satellite service provider or covered by a legally binding commitment of the satellite service provider to pay for such services.

(End of clause)

252.239-7098 PROHIBITION ON CONTRACTING TO MAINTAIN OR ESTABLISH A COMPUTER NETWORK UNLESS SUCH NETWORK IS DESIGNED TO BLOCK ACCESS TO CERTAIN WEBSITES – REPRESENTATION (DEVIATION 2021-O0003) (APR 2021)

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

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

(End of provision)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (OCT 2020) FAR

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services --Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it “does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services” in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to --

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to --

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or

CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 20 OF 22 PAGES

SPE4A8-22-Q-0030

SECTION I - CONTRACT CLAUSES (CONTINUED)

packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(d) Representations. The Offeror represents that --

(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds “will” in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that --

It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds “does” in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded “will” in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment --

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services --

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision.