SPE8EF22R0001.PDF

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000146522

1. REQUISITION NUMBER

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER

SPE8EF-22-R-0001

5. SOLICITATION NUMBER

2022 AUG 19

6. SOLICITATION ISSUE

DATE

Teresa Rivera-Cruz PEPCDDC

a. NAME

Phone: 215-737-7274

b. TELEPHONE NUMBER (No Collect calls)

2022 SEP 09

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY CODE SPE8EF

DLA TROOP SUPPORT

CONSTRUCTION & EQUIPMENT MANU & CON

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

321920NAICS:

SIZE STANDARD:

11. DELIVERYFOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/ CODE

OFFEROR

FACILITY

CODE

TELEPHONE NO.

18a. PAYMENT WILL BE MADE BY CODE

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

OFFER

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

BELOW IS CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

See Schedule

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

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

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

SEE SCHEDULE

7. FOR SOLICITATION

INFORMATION CALL:

TO BE CITED ON EACH DELIVERY ORDER

04:30 PM EST

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

REF. BLOCK 21: SEE PAGE 6

SOLICITATION NO. SPE8EF22R0001 Page 2 of 78

PALLETS, MATERIAL HANDLING

Table of Contents Page Continuation of Blocks from the Standard Form 1449 Block 8, Offer Due Date/Local Time 4 Block 9, Issued By 4 Block 17a, Contractor/Offeror 4 Block 17b, Remittance Address 4 Block 19-22, Item No., Schedule of Supplies/Services, Quantity, Unit 5

Caution Notices

Caution Notice – Items Requiring Special Attention 8 Contractor Code of Business Ethics 11

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 17 52.211-16 Variation in Quantity 17 Time of Delivery 18 52.216-18 Ordering 20 52.216-19 Order Limitations 20 52.216-22 Indefinite Quantity 21 52.252-2 Clauses Incorporated by Reference 22 252.203-7002 Requirements to Inform Employees of Whistleblower Rights (SEP 2013) 22 252.204-7003 Control of Government Personnel Work Product (APR 1992) 22 252.204-7004 Antiterrorism Awareness Training for Contractors (FEB 2019) 22 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (DEC

2019)

252.204-7020 NIST SP 800-171 DOD Assessments Requirements (MAR 2022) 22 252.209-7004 Subcontracting With Firms That Are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism (MAY 2019)

252.225-7002 Qualifying Country Sources as Subcontractors (MAR 2022) 22 252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals (DEC

2019)

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (JUN 2020)

52.204-7 System for Award Management (OCT 2018) 22 52.204-13 System for Award Management Maintenance (OCT 2018) 22 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 22 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (JUN 2016) 22 52.211-17 Delivery of Excess Quantities (SEP 1989) 23 52.227-1 Authorization and Consent (JUN 2020) 23 52.227-2 Notice And Assistance Regarding Patent and Copyright Infringement (JUNE

2020)

52.232-17 Interest (MAY 2014) 23 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 23 52.242-13 Bankruptcy (JUL 1995) 23 52.242-15 Stop Work Order (AUG 1989) 23

SOLICITATION NO. SPE8EF22R0001 Page 3 of 78

52.247-34 F.O.B Destination (JAN 1991) 23 52.249-8 Default (Fixed-Price Supply and Service) (April 1984) 23 52.253-1 Computer Generated Forms (JAN 1991) 23 Statement of Work (SOW) 23

Solicitation Provisions 52.212-1 Instructions to Offerors—Commercial Items 32 Addendum to 52.212-1 36 Source Selection Evaluation and Selection Procedures 37 52.212-2 Evaluation—Commercial Items 40 52.212-3 Offeror Representations and Certifications—Commercial Items, Alternate I 42 Addendum Containing Supplementary Provisions in Full Text and by Reference 60 Attachment to 52.212-3(f) 60 252.247-7022 Representation of Extent of Transportation by Sea 61 52.215-6 Place of Performance 61 52.216-1 Type of Contract 62 52.233-9001 Disputes: Agreement to Use Alternative Dispute Resolution (ADR) 62 52.252-1 Solicitation Provisions Incorporated by Reference 63 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (OCT

2016)

252.204-7019 Notice of NIST SP 800-171 DOD Assessment Requirements (MAR 2022) 63 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) 63 52.204-17 Ownership or control of offeror (AUG 2020) 63 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance

Services or Equipment (NOV 2021)

52.204-26 Covered Telecommunications Equipment or Services-Representation (OCT 2020)

52.209-7 Information Regarding Responsibility Matters (OCT 2018) 63 52.225-18 Place of Manufacture (AUG 2018) 63 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 (DEC 2016)

C03 Contractor Retention of Supply Chain Traceability Documentation (JUN 2020) 64 C06 Surge and Sustainment (S&S) Requirements (FEB 2017) 65 C09 Economic Price Adjustment – Department of Labor Index (JUN2020) 66 C14 Correction of Nonconforming Packaging or Marking (MAY 2020) 68 G01 Additional Wide Area Workflow (WAWF) Information (AUG 2017) 68 L02 Electronic Order Transmission (JUN 2020) 69 L06 Agency Protests (DEC 2016) 69 L27 Addition and Deletion of Items (AUG 2017) 70 RD003 Covered Defense Information May App 70 RP001 DLA Packaging Requirements for Procurement 70 Additional Clauses as Applicable 74

SOLICITATION NO. SPE8EF22R0001 Page 4 of 78

Continuation of Blocks from SF 1449

1. Block 8 Offer Due Date/Local Time: _September 9, 2022 / 04:30 PM EST_____

2. Block 9 **ATTENTION: Due to current events, at this time and until further notice, proposals shall be submitted electronically via DIBBS and/or electronically via Email. DIBBS electronic upload is the preferred method of proposal submission. However, if you elect to submit your proposal electronically via email, you must send it to both of the following recipients:

teresa.rivera@dla.mil maureen.tyler@dla.mil

For any questions or concerns on how to upload proposals to DIBBS please contact Teresa Rivera-Cruz (teresa.rivera@dla.mil) or Maureen Tyler (maureen.tyler@dla.mil ). Do NOT contact us by phone.

Solicitation Number: __SPE8EF22R0001__________________ Opening/Closing Date and Time: _ August 19, 2022 / September 9, 2022 / 04:30 PM EST__

ALL OFFERS MUST BE RECEIVED BY THE SCHEDULED CLOSING DATE AND TIME.

ALL OFFERORS ARE REQUIRED TO VERIFY THAT THEIR OFFERS WERE RECEIVED

PRIOR TO THE CLOSING DATE AND TIME.

OFFERS WILL NOT BE ACCEPTED BY HAND-CARRIED DELIVERY, MAIL, FAX OR BY ANY

OTHER METHOD.

Notes for proposals submitted electronically via email:

1. If you do not receive a response in 2 business days the proposal may not have been received. Verify receipt prior to the closing date and time.

2. Optional - email with “Request Delivery Receipt”.

3. The email size should be limited to 5MB - 10MB to avoid exceeding the size limits of our email servers/IT infrastructure. Multiple emails may be acceptable due to the email size limitations, contact recipients.

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.)

› 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 NO. SPE8EF22R0001 Page 5 of 78

5. Blocks 19-22 The intent of this solicitation is to issue an Indefinite Delivery, Indefinite Quantity (IDIQ) type Long-Term Contract (LTC) for Pallets, Material Handling. Pallets to be furnished shall be new wood pallets, which fall under Federal Stock Class 3990. Items to be ordered under this contract are to be submitted in accordance with the section titled “Statement of Work (SOW)” of this Solicitation. Annual Estimates are based on sales to the itemized Ordering Activities.

Ordering Activities: The Defense Depots to be implemented shall include:

Depot Location DDC3 Corpus Christi, TX DDHU Hill AFB, UT DDOO Oklahoma City, OK DDRT Red River, TX DDJC San Joaquin, CA DDPW Puget Sound, WA DDAA Anniston, AL DDCN Cherry Point, NC DDJF Jacksonville, FL DDNV Norfolk, VA DDSP New Cumberland, PA DDTP Tobyhanna, PA DDAG Albany, GA DDWG Warner Robins AFB, GA

The following information is provided for pricing purposes and represents previous year usage. Annual estimates based on historical data and sales to DDC ordering activities in the U.S. region are reflected in the table on Page 6. Offerors are instructed to submit prices in the spaces provided for the applicable NSN and Depot. Prices are to be submitted on an FOB Destination basis. A Lowest Priced Technically Acceptable (LPTA) award decision, conforming to all of the terms and conditions set forth in the solicitation, will be made for each of the 14 CLINs/depots. Accordingly, this Solicitation may result in as few as one or as many as 14 separate contracts. To be considered for award on a particular CLIN/depot, the offeror must submit prices for all four NSNs for that CLIN/depot.

Purchase Item Descriptions and Packaging Requirements are provided in the section titled Statement of Work (SOW).

All offerors are required to insert their applicable truckload quantities for each NSN and depot on Page 7 of this Solicitation. Truckload size shall be in accordance with standard commercial practice and applicable transportation regulations. This will be utilized for ordering purposes, in accordance with FAR 52.216-19.

SOLICITATION NO. SPE8EF22R0001 Page 6 of 78

SCHEDULE OF SUPPLIES/SERVICES:

NOTE: REFER TO DEPOT LIST ON PAGE 5 FOR DEPOT LOCATION AND CORRESPONDING

ACRONYNMS.

NOTE: THE UNIT OF ISSUE FOR ALL ANNUAL ESTIMATED QUANTITIES (AEQ) IS “EACH”.

SOLICITATION NO. SPE8EF22R0001 Page 7 of 78

SCHEDULE OF SUPPLIES/SERVICES CONT’D:

NOTE: REFER TO DEPOT LIST ON PAGE 5 FOR DEPOT LOCATION AND CORRESPONDING

ACRONYNMS.

SOLICITATION NO. SPE8EF22R0001 Page 8 of 78

CAUTION NOTICES

CAUTION - ITEMS REQUIRING SPECIAL ATTENTION

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.

1. This procurement is being solicited as a Small Business Set-Aside Indefinite Quantity Type Contract (IQC), under FAR Part 12, Commercial Procedures. A Lowest Price Technically Acceptable (LPTA) award decision will be made for each of the 14 CLINs/Depots. Accordingly, this solicitation may result in as few as one or as many as 14 separate contracts. To be considered for award on a particular CLIN/Depot, the offeror must submit prices for all four NSNs for that CLIN/Depot. Award will be made for each CLIN/Depot to the offeror whose proposal is determined to be the Lowest Price Technically Acceptable (LPTA) proposal for that CLIN/Depot, conforming to all of the terms and conditions set forth in the solicitation .

2. The overall offered price for each CLIN/Depot will be calculated by multiplying the annual estimated quantity (AEQ) by the offered unit price for each of the four NSNs, then adding those four figures. The resultant award will be a Fixed Price with Economic Price Adjustments (EPA).

3. This Solicitation is being issued with the intention of awarding a Fixed Price with Economic Price Adjustment, Indefinite Delivery Indefinite Quantity Contract (IDIQ) Long Term Contract (LTC) for Customer Direct (CD) and DLA direct requirements. Proposals will be evaluated according to the Lowest Price Technically Acceptable source selection procedures. The resultant contract will consist of a base ordering period of two (2) years, with No Option periods. The Government’s guaranteed contract minimum will be $14,022.00 multiplied by two – for the two-year base period – multiplied by the number of depots for which a vendor receives an award. The awarded contract(s) maximum dollar value is $34,833,520.80

4. The annual estimated quantity(s) (AEQ) per year are listed per depot in the Schedule of Supplies/Services Section located on Page 6 of this solicitation. NOTE: These are estimates only.

5. Based on stock levels present at the depot, the Contracting Officer may arrange for a longer delivery period than required in the solicitation. Partial deliveries are authorized, unless specified otherwise on individual delivery orders. Required delivery is 30 days ARO for DLA Direct (Stock) and 7 days ARO for Customer Direct requirements. All urgent/emergency orders shall be delivered to the activity’s receiving location within 2 business days following placement of order. Contractor will be notified when an order is determined to be an emergency order.

6. Individual delivery orders will be placed in multiples of an entire truckload. Each truckload shall consist of a single NSN. The NSNs referenced in the solicitation shall be priced on an FOB Destination basis in accordance with the delivery provisions set forth in the solicitation.

NOTES:

a. In reference to FOB Destination shipments to DDNV in Norfolk, VA: The offeror selected for award for DDNV shall agree to ship to destinations in and around Norfolk, such as the depot in Richmond, VA, Defense Mapping in Fairfax, VA, Plymouth, VA and Cheatham Annex Williamsburg, VA at the same unit price awarded for DDNV.

SOLICITATION NO. SPE8EF22R0001 Page 9 of 78

b. In reference to FOB Destination shipments to DDJC for UGR (United Group Rations): The offeror selected for award shall deliver Pristine Pallets. Unitized Group Rations (UGR) is required by Troop Support and the United States Public Health Command (USPHC) to place all completed modules on dirt, grime, weathered, and stain free pristine pallets.

7. The offeror shall provide Place of Manufacturer/Performance with their offer. If a dealer, this documentation shall include the Name and Address of the Actual Manufacturer and Place of Performance. The Manufacturer shall certify in writing that the offeror is the Manufacturer’s representative. The Manufacturer shall provide assurance in the certification to the offeror a guaranteed, uninterrupted source of supply sufficient to satisfy the Government’s requirements for the contract period. The offeror shall submit this certification along with their proposal. Failure to provide the guarantees mentioned above will result in your elimination from consideration for award. The eventual awardee shall require Contracting Officer approval if, at any time during contract performance, a change in place of performance is anticipated.

8. Offerors are advised to read the full text version of Procurement Note C09 Economic Price Adjustment - Department of Labor Price Index to gain a thorough understanding of this clause. In regard to Procurement Note C09, Economic Price Adjustment - Department of Labor Price Index (JUN 2020), please be advised the awarded contract unit price shall be subject to adjustment as provided by the Procurement Note. The unit price established on the contract date shall be the baseline price for purposes of post-award periodic price adjustments. The EPA will be used to adjust unit prices tri-annually, every 4 months.

For this solicitation, the EPA will be linked to the Producer Price Index Industry Data. See Procurement Note C09 Economic Price Adjustment- Department of Labor Index for more information. PPI Index will be utilized for annual price adjustments: WPU084101 Wood Pallets and Pallet Containers & WPU0811 Softwood Lumber*

*Note: WPU0811 Softwood Lumber, only applies to depot DDJC for NSN 3990-00-935-7960, for vendor located in the West region and using softwood lumber.

9. Offerors should be aware of the United Nations/International Plant Protection Organization (UN/IPPO) phytosanitary guidelines for Solid Wood Packing Material (SWPM). All pallets and crates will need to be certified as invasive species free in accordance with an American Lumber Standards Committee (ALSC accredited agency).

10. The offeror shall ensure all applicable clauses and certifications are completed in full.

11. Surge/Sustainment Plan: This acquisition includes clauses pertaining to a Surge/Sustainment Plan. The surge option requirement is found in the Addendum Containing Supplementary Clauses (FAR 252.217-7001) and Procurement Notes (C06).

NOTE: A Surge and Sustainment Plan/Capability Assessment Plan is not required for this Acquisition at this time. Although Surge and Sustainment Plan clauses are contained in this solicitation, offerors are not required to submit a Surge and Sustainment Plan. In the event that items become subject to Surge after an award is made, the offeror and/or awardees may be required to submit a Surge and Sustainment Plan/Capability Assessment Plan.

SOLICITATION NO. SPE8EF22R0001 Page 10 of 78

12. In order to be eligible for contract award, vendor must be determined to be “responsible” in accordance with FAR Part 9.104-1.

13. Failure to provide any of the required information can result in a rejection of the proposal submitted.

14. All amendments issued regarding this solicitation must be signed and submitted with the offeror’s proposal or returned to the Contract Specialist by the closing date of this solicitation.

15. Wide Area Work Flow (WAWF), formerly Invoicing, Receipt, Acceptance and Property Transfer (iRAPT): For purposes of receiving payment for material shipments (orders) the accepted electronic form for submission of payment requests and receiving reports is WAWF. The contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, Interactive Web Application or Mobile Device. WAWF is available on the Internet at https://wawf.eb.mil/). In addition, WAWF guidance and assistance is available from our DLA TROOP SUPPORT team personnel via email inquiry: dscpwawfteam@dla.mil

16. Submission of Offers - All offers must be submitted following the submission requirements outlined in Section 52.212-1 “Instruction to Offerors - Commercial Items”. Proposal package from offerors responding to this solicitation must include the following items for their proposal to be considered:

a. Signed copy of 1449 and signed copy of amendments if any

b. Completed copies of FAR 52.212-3, and other required certifications.

c. All information as requested in the section “Source Evaluation and Selection Procedures” and/or

“INSTRUCTIONS TO OFFERORS - NON-PRICE PROPOSAL”

17. The Government intends to make an award based on initial offer; however, the Government reserves the right to conduct discussions, if necessary. Offerors are encouraged to submit their “best proposal” in response to this solicitation.

18. Offerors are responsible for carefully reviewing the entire Solicitation to ensure proper submission of all required information.

SOLICITATION NO. SPE8EF22R0001 Page 11 of 78

CAUTION - CONTRACTOR CODE OF BUSINESS ETHICS

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

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

End of Caution Notice

SOLICITATION NO. SPE8EF22R0001 Page 12 of 78

Contract Clauses

Note: 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (NOV 2021) is incorporated in this solicitation by reference. Its full text may be accessed electronically at https://www.ecfr.gov/cgi-bin/ECFR?SID=efef3c52b917f6248e7b50687672ed94&mc=true&page=browse. Text is available for viewing in Subpart 52.2 Text of Provisions and Clauses, through either the HTML or PDF Format links.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES) (MAY 2022)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

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

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

(5) 52.233-3, 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 products and commercial services:

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

_X__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021)

(41 U.S.C. 3509).

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

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

_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.);

SOLICITATION NO. SPE8EF22R0001 Page 13 of 78

_X__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (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) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C.

657a).

___ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

___ (13) [Reserved] _X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

___ (ii) Alternate I (MAR 2020) of 52.219-6 ___ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020)

(15 U.S.C. 644).

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

___ (17)(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (NOV 2016) of 52.219-9 ___ (iii) Alternate II (NOV 2016) of 52.219-9 ___ (iv) Alternate III (JUN 2020) of 52.219-9 ___ (v) Alternate IV (Class Deviation 2019-O0005 Revision 1) (JAN 2019) of 52.219-9 ___ (18)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

___ (ii) Alternate I (MAR 2020) of 52.219-13 ___ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C. 657f).

_X__ (22)(i) 52.219-28, Post Award Small Business Program Representation (SEP 2021) (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 (SEP 2021) (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 (SEP 2021) (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 (SEP 2021) (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) (JAN 2022) (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.

SOLICITATION NO. SPE8EF22R0001 Page 14 of 78

_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 (J) (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 (NOV 2021) (22.U.S.C. chapter 78 and

E.O. 13627).

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

_X__ (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (Executive Order

12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in 22.1803.)

___ (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.)

___ (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.

_X__ (48) 52.225-1, Buy American--Supplies (NOV 2021) (41 U.S.C. chapter 83).

___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2021) (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 (JAN 2021) of 52.225-3.

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

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

SOLICITATION NO. SPE8EF22R0001 Page 15 of 78

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

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

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

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

___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (55) 52.229-13 Restrictions on Certain Foreign Purchases (FEB 2021) ___ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (58) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management

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

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

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

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

___ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C. 637(d) (12)).

___ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

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

___ (iii) Alternate II (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 products and commercial services:

[ Contracting Officer check as appropriate. ]

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

___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

chapter 67).

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

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

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

SOLICITATION NO. SPE8EF22R0001 Page 16 of 78

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

1792).

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

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

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

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

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

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

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

(ii) 52.203-19, 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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

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

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

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

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

SOLICITATION NO. SPE8EF22R0001 Page 17 of 78

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

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

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

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

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

(xiv) 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.)

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

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

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

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

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

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

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

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

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

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

Addendum

The following additional clauses are set forth in full text:

52.211-16 VARIATION IN QUANTITY (APR 1984)

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

(b) The permissible variation shall be limited to:

__05___ Percent increase __00___ Percent decrease This increase or decrease shall apply to __ * *The above permissible variation is applicable to DLA DIRECT (STOCK) DELIVERY ORDERS ONLY.

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For CUSTOMER DIRECT DELIVERY ORDERS the permissible variation is as follows:

__00___ Percent increase __00___ Percent decrease

TIME OF DELIVERY

(a) Material ordered for DLA Direct under the terms of this contract shall be delivered on an FOB Destination basis within 30 days after receipt of the order. Notwithstanding any other provisions/clauses of this contract, no deliveries shall be made prior to the issuance of individual delivery order(s) (DD Form 1155).

(b) Subject to the Maximum Order Limitation set forth in clause 52.216-19, supplies ordered for Customer Direct deliveries under the terms of this contract shall be made on an FOB Destination basis within the required delivery date (RDD) specified in individual delivery order(s). Consideration must be given to the time required for transporting supplies from the point of origin to destination. In the event that a RDD is not cited in a delivery order, the RDD will be within 7 days from the date of the order. However, with respect to any item, if an individual order exceeds a quantity which is equal to 100% of the Government’s Annual Estimated Quantity (AEQ) for the current contract year as defined in clause 52.216-19 or, when more than one delivery order is placed against the contract within 30 days of any prior delivery order and the aggregate quantity of the orders exceeds a quantity which is equal to 100% of the AEQ for the current contract year, and, in either case, the Contractor temporarily cannot meet the customer oriented delivery schedule, the following shall apply:

(1) Within five working days of the date of the order, the Contractor shall notify the Contracting Officer that it temporarily cannot meet the customer’s delivery schedule and provide a list of all affected orders. Affected orders include previous orders for items that might be impacted by the order or orders for large quantities as described in paragraph (a) above. The Contractor shall include in this notification the following information for each order:

(i) Delivery order number,

(ii) Affected quantity,

(iii) NSN,

(iv) Quantity on hand of finished products,

(v) Quantity in production, if the Contractor is a manufacturer, with scheduled completion date(s),

(vi) And/or the quantity due in, if the Contractor is not a manufacturer, with scheduled receipt date(s)

(2) Upon notification, the Contracting Officer will prioritize the list of orders for purposes of determining the order of delivery for any quantities which remain in the contractor’s stock or become available prior to complete recovery as described in subparagraph (3) below. Following notification and until such time as the Contractor has satisfied the Contracting Officer that it is able to meet the customer’s delivery schedule, the Government reserves the right to order items from other sources and/or cancel any affected orders and obtain the supplies outside this contract.

(3) A revised delivery schedule will be incorporated into a modification for all affected orders not cancelled pursuant to subparagraph (2) above, or any additional orders issued subsequent to the prioritization.

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(c) Stocking-Up Time:

The stocking-up period for purposes of meeting the delivery requirements of this clause is 60 days.

Therefore, delivery under any orders issued between the date of contract and 60 days after date of contract shall be the delivery specified in the order or 60 days after date of contract, whichever is later.

(d) Notwithstanding the requirements above, where material is identified as urgently required, the contractor shall make delivery within two business days after date of order.

(1) Identification of Urgent Material:

(i) Urgent Material will be identified by an Issue Priority Designated (IPD) code of 01, 02, or 03 in the destination “Mark For” (M/F) data, or whenever the entire delivery order is marked

“URGENT”.

(ii) If the delivery order contains multiple items or destinations, only those items or destinations identified as “Urgent”, as set forth in (e) (1) (i) above will be considered subject to this provision.

(iii) If the Contractor fails to make delivery for Urgent material, as described in (e) (1) above, the Government reserves the right to not place any additional orders for “Urgent” material as well as any other orders for those applicable items.

(iv) In cases of extreme emergency, contact with the Contractor may be necessary in order to ascertain the status of an “Urgent” delivery order. Accordingly, the Contractor shall insert, in the space provided below, an authorized representative that shall be the point of contact for such situations.

X__________________

CONTRACTOR REPRESENTATIVE NAME & TITLE

TELEPHONE NUMBER:

SOLICITATION NO. SPE8EF22R0001 Page 20 of 78

52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from Date of award through 2 years (731 days) after date of award.

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

(c) A delivery order or task order is considered “issued” when -

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

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

(3) If sent electronically, the Government either -

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

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

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

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1 TRUCKLOAD, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor -

(1) Any order for a single item in excess of $5,000,000.00

(2) Any order for a combination of items in excess of $15,000,000.00

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

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

SOLICITATION NO. SPE8EF22R0001 Page 21 of 78

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within _5_ days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 –INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the maximum. The Government shall order at least the quantity of supplies or services designated in the Schedule as the minimum.

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued.