SPE8E421R0001.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000093373

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE8E4-21-R-0001

5. SOLICITATION NUMBER

2020 NOV 09

6. SOLICITATION ISSUE

DATE

Aria GESSNER PAA0661

a. NAME

Phone: 215-737-7252

b. TELEPHONE NUMBER (No Collect calls)

2020 DEC 28

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE8E4

DLA TROOP SUPPORT

CONSTRUCTION & EQUIPMENT (METALS)

700 ROBBINS AVENUE

PHILADELPHIA PA 19111-5096

USA

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

8 (A)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

NAICS: 331110

SIZE STANDARD:1500

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

04:30 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

Solicitation SPE8E4-21-R-0001 PAGE 2

Table of Contents Page

Continuation of Blocks from the Standard Form 1449 4 Block 8, Offer Due Date/Local Time 4 Block 9, Issued By 4 Block 17a, Contractor/Offeror 4 Block 17b, Remittance Address 5 Solicitation Response Sheet for “No Offer” 6 Block 19-22, Item No., Schedule of Supplies/Services, Quantity, Unit 7

Caution Notice Contractor Code of Business Ethics 14

Contract Clauses 52.212-4 Contract Terms and Conditions—Commercial Items (by reference, see SF

1449, Block 27a)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items

Addendum Containing Supplementary Clauses in Full Text and by Reference 20 52.203-16 Preventing Personal Conflicts of Interest 20 52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment

52.211-16 Variation in Quantity 26 52.211-8 Time of Delivery 26 252.216-7006 Ordering 27 52.216-19 Order Limitations 27 52.216-22 Indefinite Quantity 28 52.217-9 Option to Extend the Term of the Contract 28 252.225-7030 Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate 29 52.223-3 Hazardous Material Identification and Material Safety Data 29 252.223-7001 Hazard Warning Labels 30 52.229-11 Tax on Certain Foreign Procurements—Notice and Representation 31 52.229-12 Tax on Certain Foreign Procurements 32 252.225-7973 Prohibition on Procurement of Foreign-Made Unmanned Aircraft

Systems-Representation

252.225-7974 Representation Regarding Business Operations with the Maduro Regime 34 52.252-2 Clauses Incorporated by Reference 35 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 35 252.209-7004 Subcontracting With Firms That Are Owned or Controlled by the

Government of a Country that is a State Sponsor of Terrorism

252.225-7002 Qualifying Country Sources as Subcontractors 36 52.232-17 Interest 36 52.242-13 Bankruptcy 36 52.242-15 Stop Work Order 36 Statement of Work 37

Solicitation Provisions

Solicitation SPE8E4-21-R-0001 PAGE 3

52.212-1

(DEV)

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

52.212-1 (Addendum)

Addendum to 52.212-1 59

52.212-2 Evaluation—Commercial Items 70 52.212-3 Offeror Representations and Certifications—Commercial Items, Alternate

I

Addendum Containing Supplementary Provisions in Full Text and by Reference 92 52.216-1 Type of Contract 92 52.233-9001 Disputes: Agreement to Use Alternative Dispute Resolution (ADR) 92 52.252-1 Solicitation Provisions Incorporated by Reference 93 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls 93 52.225-25 Prohibition on Contracting With Entities Engaging in Certain Activities or

Transactions Relating to Iran - Representation and Certification

Procurement Notes C02 Manufacturing Phase-Out or Discontinuation of Production, Diminishing

Sources and Obsolete Materials or Components

C03 Contractor Retention of Supply Chain Traceability Documentation 93 C06 Surge and Sustainment (S&S) Requirements 94 C08 Tailored Logistics Support Purchasing Reviews 95 C10 Placement of Task or Delivery Orders Against Multiple Indefinite

Delivery Contracts

C14 Repackaging or Relabeling to Correct Deficiencies 97 C18 Shipping Instructions for Export and U.S. Territories 97 C19 Trans-Shipment of Material through DLA Containerization and

Consolidation Points (CCP)

E05 Product Verification Testing 100 E07 Evaluation Factor for Origin Inspection 101 G01 Additional Wide Area Workflow (WAWF) Information 101 L02 Electronic Order Transmission 101 L06 Agency Protests 101 L11 Small Business Program Representations 102 L18 Surge and Sustainment (S&S) Requirements – Instructions to Offerors 102 L19 Surge and Sustainment (S&S) – Capability Assessment Plan (CAP) 103 L27 Addition and Deletion of Items 103 M07 Surge and Sustainment (S&S) Evaluation 103 Additional Clauses as Applicable 104

ATTACHMENTS

Attachment 1: Price Evaluation List (PEL) Spreadsheet

Attachment 2: Usage Data Reporting Instructions Attachment 3: Sample RFQ File Layout

Solicitation SPE8E4-21-R-0001 PAGE 4

Continuation of Blocks from SF 1449

1. Block 8 Offer Due Date/Local Time: December 28, 2020 4:30 PM Eastern Standard Time (EST)

2. Block 9

› The DLA Internet Bid Board System (DIBBS) electronic upload is the preferred method of proposal submission.

DIBBS is a web-based application that provides the capability to search for, view, and submit secure quotes for Defense Logistics Agency (DLA) items of supply.

Navigate to: https://www.dibbs.bsm.dla.mil// and select Registered User Log In.

Once logged in, you will be able to submit an offer in response to Solicitation Number SPE8E4-21-R- 0001 found on the RFP search screen by selecting the “Offer” icon. The button will only be selectable for vendors who are logged onto DIBBS. If not logged in yet, DIBBS will take you to the log in screen.

You may use this screen to upload a completed offer and all associated documents. The offer must be signed and completed in its entirety in accordance with the solicitation requirements. Do not select submit until all associated documents are added. No data will be saved unless the offer is submitted.

Once submitted, documents may be added, but not removed.

After upload of your proposals and submission of your offer, you will be able to print a receipt with the Date and Time Stamp of when the offer was submitted. This is strongly encouraged.

› Email offers are also authorized for the receipt of initial proposals.

Address and Submit “email” offers to:

Aria Gessner Email: Aria.Gessner@dla.mil Contracting Officer, FCB Construction & Equipment Directorate DLA Troop Support Solicitation Number: SPE8E4-21-R-0001 Opening/Closing Date and Time: November 4, 2020-December 28, 2020 4:30 PM EST

Notes:

› Mailed offers, hand-carried offers and facsimile offers are NOT authorized for receipt of initial proposals. However, in the event of solicitation, amendments, clarifications and/or negotiations, revisions to the initial proposal may be authorized via mailed offers, hand-carried offers, facsimile, and/or email responses at the Contracting Officer's discretion.

› If the offeror is unable to timely upload its’ proposal in DIBBS or timely email its’ submission for any reason, this will not constitute an acceptable excuse to submit a late offer.

3. Block 17a › Offeror’s assigned Unique Entity Identifier Number: _______________

(If you do not have a Unique Entity Identifier number, contact the individual identified in Block 7a of the SF 1449 or see 52.212-1, Instructions to Offerors—Commercial Items (paragraph j) for information on establishing a unique entity identifier.)

http://www.dla.mil/

Solicitation SPE8E4-21-R-0001 PAGE 5

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

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

Solicitation SPE8E4-21-R-0001 PAGE 6

SOLICITATION RESPONSE SHEET FOR “NO OFFER”

Solicitation No.: SPE8E4-21-R-0001

Offer Due Date/Time: ____________________________________

No Offer Submitted for Reason(s) Checked:

[ ] Cannot comply with specification

[ ] Cannot meet delivery requirement

[ ] No open production capacity at plant

[ ] Do not regularly manufacture or sell the type of items involved

[ ] Other (specify): _____________________________________________________________

[ ] We do [ ] We do not desire to be retained on the mailing list for future procurements for the type of item(s) involved.

Name/Address of firm (include ZIP Code):

Type or print Name/Title of signer: ____________________________________

Solicitation SPE8E4-21-R-0001 PAGE 7

5. Continuation of Blocks 19-22: Schedule of Supplies/ Services

A. DLA Troop Support intends to award multiple Indefinite Delivery/ Indefinite Quantity (IDIQ) Metals Tailored Logistics Support (TLS) Program Long-Term Contracts to support Metals requirements in the continental United States of America and worldwide via shipments through Container Consolidation Points in CONUS under this single solicitation. Items to be ordered under this contract are to be submitted in accordance with the section titled “Statement of Work (SOW)” of this Solicitation. The Government intends to make a minimum of 3 awards under this solicitation with up to one award reserved for an eligible small business concern. All delivery orders will be competed amongst the contract holders.

B. PRODUCT SUPPORT:

Each awardee will be responsible for supplying, to authorized customers under the resulting contracts, various types of metal products. These items include, but are not limited to: aluminum, stainless steel, carbon steel, copper, brass, titanium, nickel and nickel alloys; and other industrial metals in various forms, such as: wire, plate, sheet, strip, bar, angle, extrusions, pipe, tube, and any other shape required by the ordering activities located in the continental United States (CONUS) and customers worldwide via shipments through Container Consolidation Points in CONUS. All items are commercial products.

All items are to conform to the manufacturer’s commercial specifications.

C. PRICING:

1) Offerrors will provide ceiling prices for the Price Evaluation List (PEL). The contractor must provide ceiling prices on a minimum of 90% (180) of the 200 items on the PEL. Offerors may offer alternate items. However, the offeror must provide a complete technical data package for the alternate item being offered and must state the corresponding item on the PEL for comparison purposes. If the item is determined equal in form, fit, and function to the item on the PEL, it will be accepted and counted toward the minimum 90% (180) requirement. Alternate items determined unacceptable will not count towards the 90% (180) minimum of PEL items required to be priced and will not be evaluated. It is anticipated that each Tailored Logistics Support Contractor shall be as aggressive as possible in pursuing all discounts and rebates. All discounts and rebates must be passed on to DLA Troop Support. TLS Contractors shall guarantee that DLA Troop Support and its’ customers will receive discounts and rebates equal to or better than the offerors most favored commercial customers with similar sales.

2) Base Period and Option Period Prices: The Prices for the PEL and alternates accepted by the Government will be used for evaluation purposes and will be awarded as firm-fixed ceiling prices.

The fixed prices will constitute a not to exceed CEILING PRICE for the BASE PERIOD (two year term) and each OPTION PERIOD (two eighteen-month terms) on any resultant contract for the Metals Tailored Logistics Support (TLS) Program.

Note: Contractors are encouraged, when competing for delivery orders, to provide a quote less than their ceiling price.

D. TERM

The contracts resulting from this solicitation will be IDIQ Contracts with a base ordering period of two

(2) years and two (2) eighteen-month option periods for a maximum term of five (5) years. Each contract awarded will contain a provision for unilateral option(s) on the part of the Contracting Officer to extend the term of the contract. A 60-day implementation period is included, if needed, after award.

E. ESTIMATED DEMAND

Solicitation SPE8E4-21-R-0001 PAGE 8

The estimated annual sales set forth in the solicitation are GOOD FAITH ESTIMATES ONLY based on the best data available do the Contracting Officer at the time of issuance of this solicitation, and do not constitute a guarantee that this volume or value will actually be ordered. Offerors must consider any business risks associated with the estimates and include them within the breadth of their proposals.

Total Estimated Value (5 Years): $730,000,000.00 Estimated Value Base Year (2 Years): $292,000,000.00 Estimated Value Option Year 1 (18 Months): $219,000,000.00 Estimated Value Option Year 2 (18 Months): $219,000,000.00

F. CONTRACT MINIMUM/MAXIMUM

For each awardee under a contract awarded under this solicitation, the Government guarantees that it will order a quantity of supplies having a minimum dollar value of $50,000.00 during the base period. The aggregate of delivery orders issued during the contract performance for each awardee during the base period will be applied to the minimum guarantee for each awardee. At the time when the aggregate of delivery orders equals or exceeds the guaranteed minimum for the contract, the guaranteed minimum will have been met and the Government's obligations with regard to the guarantee will have been satisfied. There is no guaranteed minimum for the option periods.

The maximum dollar value that can be obligated for a contract awarded under this solicitation is $900,000,000.00, meaning that the cumulative obligations of all orders placed against the contract resulting from this solicitation cannot exceed $900,000,000.00. The maximum of $900,000,000.00 also represents the maximum for the acquisition; the sum of all orders against all contracts shall not exceed $900,000,000.00.

Note: The Maximum Contract Value is $900,000,000.00. The maximum dollar value of $900,000,000.00 accounts for potential surge and contingency requirements; however, $730,000,000.00 remains the estimated dollar value for the acquisition.

G. DELIVERY

See page 47, “Delivery Requirements.”

H. Proposals: Offerors must submit the following items for their proposal to be considered:

1. Signed copy of SF 1449 and signed copies of any solicitation amendments on the SF-30, if applicable

2. Completed copies of FAR 52.212-3

3. Non-Price Proposal

4. Price Proposal

5. Subcontracting Plan (if required)

NOTE: Mailed Offers, Hand-Carried Offers and Facsimile Offers are not acceptable forms of transmission for submission of initial proposals. As directed by the Contracting Officer, facsimile and email may be used during discussions/negotiations, if held, and for proposal revision(s) including Final Proposal Revision(s). Please refer to Page 4 of this document for the acceptable proposal submission methods.

The Government reserves the right to cancel this solicitation. If this should occur, the Government will not be liable for an offeror’s solicitation preparation costs or any other such related costs incurred.

In accordance with FAR 52.225-25, each offeror must certify that the offeror and any

Solicitation SPE8E4-21-R-0001 PAGE 9 person owned or controlled by the offeror does not engage in any activity for which sanctions may be imposed under section 5 of the Iran Sanctions Act. Each offeror shall update its ORCA certifications and/or by submission of an offer make the above certification (See FAR 52.212-3).

Solicitation SPE8E4-21-R-0001 PAGE 10

CAUTION NOTICE

Although the specific details of the following information are included within, the following list of items is intended to summarize key aspects of this solicitation and resulting contract. Please take notice and comply.

Proposals are being solicited for the Metals Tailored Logistics Support (TLS) Program, for logistical support of military commands, federal agencies, and other authorized DLA customers located in the continental United States (CONUS) and worldwide via shipments through Container Consolidation Points within the CONUS.

1. Under the TLS program, there are estimated sales of $730,000,000.00 to support 290 individual DoDAACS/ customers. The Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a Department of Defense unit, activity, or organization. NOTE: The Contracting Officer estimates, based on an analysis of historical data for the current Metals TLS PV Northeast, Southeast, Central and West regions, which each have one contract holder each, that the annual estimated number of delivery orders was 8,200 overall and the annual estimated number of delivery locations per contract was 73. THIS

INFORMATION IS A GOOD FAITH ESTIMATE ONLY AND IS IN NO WAY A GUARANTEE THAT

THESE FIGURES REPRESENT WHAT WILL BE REQUIRED UNDER ANY CONTRACT(S)

RESULTING FROM THIS SOLICITATION.

2. DLA Troop Support is a Major Subordinate Command of the Defense Logistics Agency and is a combat support activity whose objective is to continue, and to expand, its use of unique and innovative approaches for providing focused logistics support for its military and federal customers, as well as other authorized customers, including for metals requirements. Proposals are being solicited for tailored logistics packages that, to the maximum extent practicable, will employ the techniques, advantages and economies of commercial business practices to reduce the total logistics cost to DLA Troop Support and its customers, and to provide rapid response, direct vendor delivery, advanced distribution, material management, total asset/in-transit visibility, and information fusion, in response to, and to the satisfaction of, DLA Troop Support customers' demands. Therefore, to the maximum extent practicable, the contract(s) resulting from this solicitation shall integrate the business practices of the commercial industry and military supply distribution systems.

3. The Government intends to make multiple awards, with each awarded contract to provide all items designated. However, the Government reserves the right to make a single award if it is in the best interest of the Government. Contractors must be able to supply the metal products as described to all authorized customers in CONUS and to customers worldwide through container consolidation points in CONUS .

Customers will be Military Services / Department of Defense (DOD), other federal agencies, state and local governments, and other authorized customers of DLA Troop Support. It is anticipated that this initiative may expand to various other military and Government installations within the region. Any such additions or deletions made by DLA may result in a significant increase or decrease in the Government’s contract estimated dollar value, but the maximum contract dollar value will not be changed if and when new authorized customers are added.

4. The Government is seeking proposals that, to the maximum extent practicable, will employ the techniques, advantages, and economies of existing contractor commercial business practices to reduce the total logistics cost to DLA Troop Support and its’ customers. TLS vendors provide rapid response, direct vendor delivery, advanced distribution, total asset/in-transit visibility, and information fusion. Therefore, to the maximum extent practicable, any contract(s) resulting from this solicitation will integrate the business practices of the commercial and military supply distribution systems.

5. The items listed in the Price Evaluation List (PEL) represent estimates based

Solicitation SPE8E4-21-R-0001 PAGE 11 on historical usage data. Further, this list represents items ordered by current customers of the Metals program. Other activities, as added to the contract, may require additional items, not identified on the list, but included in Product Support as listed on page 7 of this solicitation. This information will be furnished to the contractor prior to the inclusion of any respective installation. The PEL is a representative sample of the types of items currently supported under the Metals Prime Vendor Program, and is not a finite list of all items that will be supported under a contract awarded in response to this solicitation.

6. This solicitation is being solicited on an UNRESTRICTED basis with up to one award reserved for small business in accordance with FAR 19.502-4(a). Proposals will be evaluated utilizing a Tradeoff Source Selection Process in accordance with FAR 15.101-1. Award will be based on Past Performance, Technical Merit and Small Business (Socioeconomic) participation* evaluation factors which are considered significantly more important than price. By weighting the non-price evaluation factors more than price, the Government anticipates that awards will be made to highly qualified, experienced contractors who are capable and committed to meeting the needs of the customers by providing a wide variety of commercial metals utilizing commercial distribution business practices and providing the customer with quality material, timely delivery, technical expertise, and customer support. Fair and reasonable prices are expected as this is a competitive solicitation. As the non-price ratings of offers become more equivalent, price will become more important. Evaluation factors for award are contained in FAR 52.212-2 “EVALUATION – COMMERCIAL ITEMS”, on page 71 of this Solicitation.

* Please note that all offerors, including small business concerns, must address the Small Business (socioeconomic) Participation Factor and will be evaluated accordingly. This Factor is separate and distinct from the requirement to submit a Subcontracting Plan as outlined in FAR 52.219-9 located on page 16 of this Solicitation.

7. The resulting contracts will be Indefinite Delivery/Indefinite Quantity contracts with a base ordering period of two (2) years with two (2) eighteen-month options. The resultant contracts will include a ramp-up/implementation period of 60 days, for the base ordering period only. The resultant contracts will contain a provision for the exercise of unilateral options on the part of the Government. Options will be exercised unilaterally, unless otherwise directed by the Contracting Officer. The exercise of options by the Contracting Officer is covered in FAR 52.217-9 entitled “Option to Extend the Term of the Contract.”

Acceptance of this clause is mandatory. Therefore, submission of a proposal/offer shall be considered the offeror's acceptance of the option provision.

8. Proposals are invited only on the basis of F.O.B. Destination in accordance with FAR 47.303-6. Offers submitted on basis other than F.O.B. Destination will not be considered for award.

9. The offeror shall ensure all applicable clauses and certifications are completed in full. Proposals shall be prepared and submitted in accordance with Addendum to FAR 52.212-1 and FAR 52.212-2, of this solicitation. These sections provide instructions on the preparation and evaluation of proposals.

10. Offerors are advised that the Preference for Certain Domestic Commodities/ Berry Amendment, Trade

Agreements Act, and Buy American Act Restrictions apply to the resulting contracts, depending on the items requested by the ordering activities. Additionally, there other other procurement restrictions set forth in the regulations that may apply to specific products (example – the Restriction on Acquisition of Certain Articles Containing Specialty Metals). Note that for this procurement the Trade Agreements Act will apply to all contracts awarded, including any contract awarded to a small business concern under the small business reserve portion of this Solicitation. Contractors must be aware of which provision applies at the time that they submit their offer and quotations, and must comply with those provisions throughout

Solicitation SPE8E4-21-R-0001 PAGE 12 the period of contract performance. Any deviations from the applicable sourcing restrictions without prior written approval from the Contracting Officer will be considered a material defect, material non-conformance, and breach of contract for which the Government may exercise any and all available remedies, including those set forth at FAR 52.121-4(a), at the sole discretion of the Contracting Officer.

Any such deviations may be expected to result in the assertion of a Government demand and claim for repayment from the awardee in the amount deemed necessary by the Contracting Officer to fully compensate the Government.

11. A Surge and Sustainment Plan/Capability Assessment Plan is not required for this acquisition. There are no surge requirements for any items included in the PEL at the time of this solicitation. Therefore, although Surge and Sustainment Plan clauses are contained in this solicitation, offerors are not required to submit a Surge and Sustainment Plan at this time. In the event that a surge item is added to the PEL during the pre-award stage or award is made, the offeror and/or awardee may be required to submit a Surge and Sustainment Plan/Capability Assessment Plan, which will be provided at no additional cost to the Government.

12. Subcontracting Plans are required for other than small businesses in accordance with FAR 52.219-9, "SMALL BUSINESS SUBCONTRACTING PLAN (ALTERNATE II), located on page 16 of this solicitation.

Plans must be submitted with the initial proposal. Large businesses must submit a Small Business Subcontracting Plan as required with input into eSRS.

a. In the event that an annual company or division-wide subcontracting plan is submitted in response to this solicitation under the offeror’s Technical Proposal, offerors are reminded that the plan should be current, approved and cover the company’s fiscal year. A new plan should be submitted to the Procurement Contracting Officer at least 60 days before the existing plan expires.

b. Subcontracting plans approved by other Government agencies should be company or division-wide in order to be applicable. All plans approved by another Government agency must be accompanied by the letter of approval issued by that agency.

c. A commercial plan (as defined in FAR 19.701) is the preferred type of subcontracting plan for contractors furnishing commercial items. The contractor shall—

Submit the commercial plan to either the first contracting officer awarding a contract subject to the plan during the contractor’s fiscal year, or, if the contractor has ongoing contracts with commercial plans, to the contracting officer responsible for the contract with the latest completion date. The contracting officer shall negotiate the commercial plan for the Government. The approved commercial plan shall remain in effect during the contractor’s fiscal year for all Government contracts in effect during that period; and (2) submit a new commercial plan, 30 working days before the end of the fiscal year, to the contracting officer responsible for the uncompleted government contract with the latest completion date. The contractor must provide to each contracting officer responsible for an ongoing contract subject to the plan, the identity of the contracting officer that will be negotiating the new plan. When the new commercial plan is approved, the contractor shall provide a copy of the approved plan to each contracting officer responsible for an ongoing contract that is subject to the plan.

13. After award, requests for supplies will be competed among awardees, including the small business concern that wins the "reserved" contract, if any, except that the Government reserves the right to direct orders to a particular source under urgent circumstances or to provide economy and efficiency as a logical follow-on to an

Solicitation SPE8E4-21-R-0001 PAGE 13 order already issued in accordance with FAR 16.505(b)(2), or to satisfy a guaranteed minimum. Award decisions may be made either by line item or in their entirety. In accordance with FAR 16.504(a)(4), the following individual has been designated the delivery order ombudsman:

Mr. Robert Panichelle DLA Troop Support 700 Robbins Avenue, Bldg. 6-D-026 Philadelphia, PA 19111 Telephone: 215-737-5855 Facsimile: 215-737-7401 Email: Robert.Panichelle@dla.mil

14. Invoicing and Payment:

• For purposes of receiving payment for material shipments (orders), the accepted electronic form for submission of payment requests and receiving reports is iRAPT in the Wide Area WorkFlow eBusiness Suite. Reference DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. TLS Contractors shall submit payment requests and receiving reports using iRAPT, in one of the following electronic formats that iRAPT accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. The Wide Area Workflow eBusiness Suite and iRAPT are available on the Internet at https://piee.eb.mil. Guidance and assistance is available from DLA TROOP SUPPORT WAWF team personnel via email inquiry - DLATroopSupportwawfteam@dla.mil.

15. The term Contractor used throughout this solicitation is synonymous with terms TLS Contractor, awardee, offeror or vendor.

16. For the purposes of this solicitation and the resultant contract(s), the term “day” means a calendar day unless otherwise specified.

17. Provisions, Clauses and Procurement Notes:

The following websites are provided to suppliers to obtain the full text of the FAR, DFARS, and DLAD provisions, clauses, and Procurement Notes listed below: https://www.acquisition.gov, http://www.acq.osd.mil/ dpap/dars/dfarspgi/current/index.html, http://www.dla.mil/hq/acquisition/offers/DLAD.aspx and http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx.

All provisions, clauses, and procurement notes are incorporated herein by reference with the same force and effect as if set forth in full text, and made a part of the solicitation/contract as applicable. Offerors are reminded that all provisions incorporated herein by reference remain binding in their entirety. Any penalties for misrepresentation contained in the reference clauses and provisions apply.

18. FAR 52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use and FAR 52.211-15 Defense Priority and Allocation Requirements are included in the solicitation and any resultant contracts. Though the basic contract is not rated, individual delivery orders may be rated.

19. All questions and requests for clarification regarding this solicitation must be submitted to the Contracting Officer via email by no later than November 23, 2020. Questions received after that date and time will not be answered. Those questions submitted prior to that date and time will be answered to the extent practicable thereafter by amendment to the solicitation which will be made available in the same location as the posting of the original soliciation. Verbal responses to questions will not be provided.

mailto:Robert.Panichelle@dla.mil

Solicitation SPE8E4-21-R-0001 PAGE 14

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.

(END OF CAUTION NOTICE)

Solicitation SPE8E4-21-R-0001 PAGE 15

Contract Clauses

Note: 52.212-4, Contract Terms and Conditions—Commercial Items (OCT 2018) is incorporated in this solicitation by reference. Its full text may be accessed electronically at https://www.acquisition.gov/far/index.html. Text is available for viewing in Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2020)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (SEP 2019) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 89(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

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

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

(41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections Under the American Recovery and

Reinvestment Act of 2009 (JUN 2010) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved].

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

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts

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

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment (JUN 2020) (31 U.S.C.

6101 note).

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

___ (10) [Reserved].

___ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Class Deviation 2020-

O0008) (MAR 2020) (15 U.S.C. 657a).

Solicitation SPE8E4-21-R-0001 PAGE 16

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

__ _ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Class Deviation 2020-O0008) (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a)

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

___ (13) [Reserved] ___ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Class Deviation 2020-O0008)

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

___ (ii) Alternate I (Class Deviation 2020-O0008) (MAR 2020) of 52.219-6 ___ (iii) Alternate II (NOV 2011) ___ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (Class Deviation 2020-O0008)

(MAR 2020)

(15 U.S.C. 644).

___ (ii) Alternate I (MAR 2020) (Class Deviation 2020-O0008) of 52.219-7 ___ (iii) Alternate II (MAR 2004) of 52.219-7 X (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637 (d)(2) and (3)).

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

___ (ii) Alternate I (NOV 2016) of 52.219-9 X (iii) Alternate II (NOV 2016) of 52.219-9 ___ (iv) Alternate III (JAN 2017) of 52.219-9 ___ (v) Alternate IV (AUG 2018) of 52.219-9 ___ (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

___ (ii) Alternate I (MAR 2020) of 52.219-13 ___ (19) 52.219-14, Limitations on Subcontracting (Class Deviation 2020-O0008) (MAR 2020)

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

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

_ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Class Deviation 2020-O0008) (MAR 2020) (15 U.S.C. 657f).

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

___(ii) Alternate I (MAR 2020) of 52.219-28 ___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically

Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Class Deviation 2020-O0008) (MAR 2020) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Class Deviation 2020- O0008) (MAR 2020) (15 U.S.C. 637(m))

___(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

____(26) 52.219-33, Nonmanufacturer Rule (Class Deviation 2020-O0008) (Mar 2020) (15 U.S.C.

637(a)(17)).

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

X (28) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Class Deviation 2020-O0019)(JUL 2020) (E.O. 13126).

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

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

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

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

Solicitation SPE8E4-21-R-0001 PAGE 17

X (31)(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 (32)(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 (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

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

X (35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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).

_ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

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

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

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

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

___ (40)(i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514) ___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (41)(i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

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

8259b).

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

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

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

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

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

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

___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

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

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

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

_X__(50) 52.225-5, Trade Agreements (AUG 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

Solicitation SPE8E4-21-R-0001 PAGE 18

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (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).

___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505), 10 U.S.C. 2307(f)).

___ (56) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management

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

___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d) (12)).

_X_ (62) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

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

___ (iii) Alternate II (FEB 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.]

___ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. 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 under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (8) 52.222-62, Paid Sick Leave under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

1792).

Solicitation SPE8E4-21-R-0001 PAGE 19

(d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.

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

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

Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

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

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

(iv) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C.