SPRTA1-25-Q-0180.pdf
PDF 318 KB Posted
- Attached to
- NSN: 2840-01-369-2119OJ P/N: 23009375 NOUN: NOZZLE ASSEMBLY, TUR Engine: T56 PR: FD2030-22-01438
- Solicitation number
- SPRTA1-25-Q-0180
- Issued by
-
Defense Logistics Agency Aviation
About this file
This is a Request for Quotation (RFQ) issued by DLA Aviation at Oklahoma City for 57 units of Nozzle Assembly, Turbine (NSN: 2840-01-369-2119 OJ, P/N: 23009375) that directs gases onto turbine blades and is made of cobalt alloy. The solicitation number is SPRTA1-25-Q-0180 with offers due by March 25, 2025.
This is an unrestricted competitive procurement with a DO-A1 priority rating that requires delivery by May 30, 2025. The item is designated as a Critical Safety Item with Item Unique Identification (IUID) required. The evaluation will use a Best Value, Performance Price Tradeoff source selection process considering technical acceptability, price, and past performance factors. Technical acceptability is a prerequisite, with price and past performance being approximately equal in importance for technically acceptable offers. Past performance will be evaluated using the offeror's Supplier Risk Score in the Supplier Performance Risk System (SPRS). This is a Foreign Military Sales (FMS) requirement under FMS Case ID-D-QAG. Award will be made on an all-or-none basis to a single offeror.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| SPRTA1-25-Q-0180 0001.pdf | ||
| 3651810_TRNSPDATA_REPORT.pdf | ||
| IUID Checklist.pdf | ||
| 3651809_PKGRQMT_REPORT.pdf |
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Text version
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 J
1. REQUISITION NUMBER
FD20302201438
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER
SPRTA1-25-Q-0180
6. SOLICITATION ISSUE
DATE
18 FEB 2025
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME Alex Varughese
b. TELEPHONE NUMBER (No collect calls) (405 ) 855 -3000 ext.
8. OFFER DUE
DATE/LOCAL TIME
25MAR2025
9. ISSUED BY CODE
DLA AVIATION AT OKLAHOMA CITY, OK
DLR PROCUREMENT OPERATIONS (AO)
3001 STAFF DRIVE
TINKER AFB OK 73145-3070
BUYER: Alex Varughese/DLA/AOAA alex.varughese.1@us.af.mil Phone: (405) 855- 3000 Fax: (000
SPRTA1 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
8(A)
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
336412
SIZE STANDARD:
1,500
X
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULEX
12. DISCOUNT TERMS 13a. THIS CONTRACT IS A
RATED ORDER UNDER THE
DEFENSE PRIORITIES AND
ALLOCATIONS SYSTEM -
DPAS (15 CFR 700)
X 13b. RATING DO: A1 52.211-14, 52.211-15
14. METHOD OF SOLICITATION
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
X
15. DELIVER TO CODE
SEE LINE ITEM SCHEDULE
16. ADMINISTERED BY CODE
SCD:B
17a. CONTRACTOR/
OFFEROR
CODE FACILITY
CODE
18a. PAYMENT WILL BE MADE BY CODE
(SEE ESP CLAUSE 252.232-7003.)
EFT:T
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.
SEE ELECTRONIC SUBMISSION OF PAYMENT REQUESTS, CLAUSE 252.232-7003.
X SEE ADDENDUM
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
FMS REQUIREMENT
Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for 120 days.
NEW MANUFACTURE/ Early and Partial Shipments are authorized/ IUID Required Critical Safety Item
(Use Reverse and/or Attach Additional Sheets as Necessary) Total
25. ACCOUNTING AND APPROPRIATION DATA
SEE FUNDS SCHEDULE
26. TOTAL AWARD AMOUNT (For Government Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION RECULATION) FAR 52.212-1, 52.212-4, FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/ PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE ARE NOT ATTACHED.
ARE ARE NOT ATTACHED.
31b. NAME OF CONTRACTING OFFICER (Type or print)30c. DATE SIGNED
XX
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1
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.
30b. NAME AND TITLE OF SIGNER (Type or print)
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
29. AWARD OF CONTRACT: REFERENCE. OFFER DATED - - . YOUR
OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR
CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO
ITEMS:
31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
X
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE
32g. EMAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
36. PAYMENT
COMPLETE PARTIAL FINAL
37. CHECK NUMBER
PARTIAL FINAL
STOCK RECORD (S/R) 40. PAID BY
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER
42a. RECEIVED BY (Print)
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)
42c. DATE RECEIVED (MM/DD/YYYY) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 11/2021) BACK
COMPUTER GENERATED 2/18/2025, 12:24 PM
SEE LINE ITEM SCHEDULE
(Attach Additional Sheets as Necessary)
SPRTA1-25-Q-0180
SUPPLIES OR SERVICES AND PRICES/COSTS
New Manufacture of Nozzle Assembly, Tur
Item No.
Firm Fixed Price Quantity U/I Unit Price Amount
57 EA
CLIN ACRN ACRN Total
0001 AA
NSN: 2840-01-369-2119 OJ
NOZZLE ASSEMBLY,TUR
Directs gases onto the turbine blades.
cobalt alloy overall Manufacturer Part Number 63005 23009375 66905 23009375 Associated Document(s) Line Item(s)
FD20302201438 0001
Priority: E
Inspection: Origin Acceptance: Origin Quality Assurance: HIGHER LEVEL CONTRACT QUALITY REQUIREMENTS FAR 52-246-11 ISO 9001-2008 AS 9100 NATO AQAP 2070 (or equivalent) STANDARD INSPECTION FAR 52.246-2, -3, -4, -5, OR -6 AS APPLICABLE
TO CONTRACT
Foreign Military Sales :FMS Case:ID-D-QAG Government or Commercial Surplus Acceptable Buy American Act/Balance of Payments Program IUID Required: Yes
Transportation From Continental United States CONUS (CONUS) Sources
TYPE / SHIP TO CODE F.O.B.
* DID002 ORIGIN
Class I ODS Substance Application/Use Quantity None N/A N/A Type / Ship To PACRN Mark For
* DID002 PAA DIDC00
Type / Ship To Quantity (U/I) On or Before Req No / Pri
Required Delivery
* DID002 57 EA 30 MAY 2025 DIDC5420750003 / PRI: 6
Proposed Delivery
* DID002 57 EA
TAC: DFMS
SHIP TO (FOREIGN MILITARY SALES)
TYPE/CODE: * DID002
SUPPLEMENTAL ADDRESS CODE: DA2QAG
FMS CASE CODE/LOA: ID-D-QAG/015
MAPAC SHIP TO CODE: DID002
MAPAC MARK FOR: DIDC00
REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)
AWARD NUMBER:
TYPE/CODE: * FY2303
SUPPLEMENTAL ADDRESS CODE: TBDTBD
FMS CASE CODE/LOA: ID-D-TBD/015
MAPAC SHIP TO CODE: FY2303
MAPAC MARK FOR: FA MONT
REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)
AWARD NUMBER:
CONTRACT CLAUSES
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS
(SEP 2011)
(IAW DFARS 203.171-4(a), DFARS 212.301(f)(ii))
252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE
TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2023)
(IAW DFARS 204.2105(c))
252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)
(IAW DFARS 211.274-5(a), DFARS 212.301(f)(xii))
(a) Definitions. As used in this clause—
“DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.
“Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html.
(c) Unique item identifier.
(1) The Contractor shall provide a unique item identifier for the following:
(i) Delivered items for which the Government’s unit acquisition cost is $5,000 or more, except for the following line items:
Contract Line, Subline, or Exhibit Line Item Number
Item Description
See Schedule as Applicable
(ii) Items for which the Government’s unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:
Contract Line, Subline, or Exhibit Line Item Number
Item Description
*Items less than $5000, which require UID, will be specifically identified in the schedule.
See Schedule as Applicable
(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number _____( or See Schedule as Applicable).
(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number _____( or See Schedule as Applicable).
(v) Any item not included in paragraphs (c)(1)(i), (ii), (iii), or (iv) of this clause for which the contractor creates and marks a unique item identifier for traceability.
(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:
(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/ .
(2) Embedded items shall be reported by one of the following methods—
(i) Use of the embedded items capability in WAWF;
(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or
(iii) Via WAWF as a deliverable attachment for exhibit line item number ______, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
(MAY 2024)
(IAW FAR 12.301(b)(4))
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19,Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 89(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(5) 52.233-3, 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:
[Contracting Officer check as appropriate.] __ __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021)(41 U.S.C. 4704 and 10 U.S.C. 4655).
__ __ (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) (Section 1553 of Pub. L. 111-5).
(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__ __ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C.
4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community— see FAR 3.900(a).
__X __ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).
(6) [Reserved] __ __ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-
117, section 743 of Div. C).
__ __ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery
Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
__X __ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section
102 of Division R of Pub. L. 117-328).
__ __ (10) 52.204–28, Federal Acquisition Supply Chain Security Act Orders—Federal
Supply Schedules, Governmentwide Acquisition Contracts, and Multi- Agency Contracts. (DEC 2023) (Pub. L. 115–390, title II).
__X __ (11) (i) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (DEC 2023) (Pub. L. 115–390, title II).
__ __ (11) (ii) Alternate I (DEC 2023) of 52.204–30.
__X __ (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment (NOV
2021) (31 U.S.C. 6101 note).
__ __ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility
Matters (OCT 2018) (41 U.S.C. 2313).
____ (14) [Reserved} __ __ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022)(15
U.S.C. 657a).
__ __ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business
Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
(17) [Reserved] __ __ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020)(15 U.S.C.
644).
__ __ (18) (ii) Alternate I (MAR 2020) OF 52.219-6.
__ __ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020)(15 U.S.C.
644).
__ __ (19) (ii) Alternate I (MAR 2020) of 52.219-7.
__ __ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C.
637(d)(2) and (3)).
(21) (i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C.
637(d)(4)).
__ __ (21) (ii) Alternate I (NOV 2016) of 52.219-9.
__ __ (21) (iii) Alternate II (NOV 2016) of 52.219-9.
__ __ (21) (iv) Alternate III (JUN 2020) of 52.219-9.
(21) (v) Alternate IV (SEP 2023) of 52.219-9.
__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
__ (22) (ii) Alternate I (MAR 2020) of 52.219-13.
__ (23) 52.219-14, Limitations on Subcontracting (OCT 2022)(15 U.S.C. 657s).
__ __ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.
637(d)(4)(F)(i)).
__ __ (25) 52.219–27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled
Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).
__X __ (26) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).
(26) (ii) Alternate I (MAR 2020) of 52.219-28.
__ __ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically
Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).
__ __ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).
(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
(30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).
__ __ (31) 52.222-3, Convict Labor (JUN 2003)(E.O. 11755).
__X __ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (FEB 2024) __X __ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
__X __ (34) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246)
(34) (ii) Alternate I (Feb 1999) of 52.222-26.
__X __ (35) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020)(38 U.S.C.
4212).
(35) (ii) Alternate I (JUL 2014) of 52.222-35.
__X __ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN
2020) (29 U.S.C. 793).
(36) (ii) Alternate I (JUL 2014) of 52.222-36.
__X __ (37) 52.222-37, Employment Reports on Veterans (JUN 2020)(38 U.S.C. 4212).
__ __ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations
Act (DEC 2010) (E.O. 13496).
__X __ (39) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter
78 and E.O. 13627).
__ __ (39) (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ __ (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 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 FAR 22.1803.)
__ __ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA- Designated Items (MAY 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ _ (41) (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 __ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).
__ __ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).
__X __ (44) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).
__X __ (45) 52.223-21, Foams (JUN 2016) (42 U.S.C. 7671, et seq.).
__X __ (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7
U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
__X __ (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
___ (47) (ii) Alternate I (JAN 2017) of 52.244-3.
__X __ (48) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).
___ (48) (ii) Alternate I (OCT 2022) of 52.225-1.
__ __ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV
2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ _ (49) (ii) Alternate I [Reserved].
__ _ (49) (iii) Alternate II (DEC 2022) of 52.225-3.
__ _ (49) (iv) Alternate III (FEB 2024) of 52.225-3.
__ _ (49) (v) Alternate IV (OCT 2022) of 52.225-3.
__ __ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C.
3301 note).
__X __ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of 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. Subtitle A, Part V, Subpart G 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).
__X __ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving
(MAY 2024) (E.O. 13513).
__ __ (56) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).
__ __ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021)(41 U.S.C. 4505, 10 U.S.C. 3805).
__ __ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021)(41 U.S.C. 4505, 10 U.S.C. 3805).
__X __ (59) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31.U.S.C. 3332).
__ __ (60) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013)(31.U.S.C. 3332).
__ __ (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
__ __ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
__ __ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C.
637(d)(13)).
__ __ (64) (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).
__ _ (64) (ii) Alternate I (APR 2003) of 52.247-64.
(64) (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.] __ __ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
__ __ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29
U.S.C. 206 and 41 U.S.C. chapter 67).
__ __ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--
Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ __ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards - Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ __ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).
__ __ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014)(41 U.S.C.
chapter 67).
__ __ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026
(JAN 2022).
__ __ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706. (Jan 2022) (E.O.
13706).
__ __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1) of this paragraph in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.
3509).
(ii) 52.203–17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115- 232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (June 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii)(A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition.
(DEC 2023) (Pub. L. 115–390, title II).
(B) Alternate I (DEC 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (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.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(x) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C.793).
(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).
(xvi) X (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O.
13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026
(JAN 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xxii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JAN 2023)
(IAW DFARS 223.7306, DFARS 212.301(f)(xxi))
252.223-7009 PROHIBITION OF PROCUREMENT OF FLUORINATED AQUEOUS FILM-FORMING
FOAM FIRE-FIGHTING AGENT FOR USE ON MILITARY INSTALLATIONS
(MAR 2024)
(IAW DFARS 223.7404)
252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM--BASIC (FEB 2024)
(IAW DFARS 225.1101(2)(i) and (2)(ii))
252.225-7016 RESTRICTION ON ACQUISITION OF BALL AND ROLLER BEARINGS (JAN 2023)
(IAW DFARS 225.7009-5)
252.225-7027 RESTRICTION ON CONTINGENT FEES FOR FOREIGN MILITARY SALES (APR 2003) (IAW DFARS 225.7307(a))
(b) (1) For sales to the Government(s) of Australia, Taiwan, Egypt, Greece, Israel, Japan, Jordan, Republic of Korea, Kuwait, Pakistan, Philippines, Saudi Arabia, Turkey, Thailand, or Venezuela (Air Force), contingent fees in any amount.
252.225-7028 EXCLUSIONARY POLICIES AND PRACTICES OF FOREIGN GOVERNMENTS
(APR 2003)
(IAW DFARS 225.7300, DFARS 225.7307(b))
252.225-7061 RESTRICTION ON THE ACQUISITION OF PERSONAL PROTECTIVE EQUIPMENT
AND CERTAIN OTHER ITEMS FROM NON-ALLIED FOREIGN NATIONS (JAN 2023)
(IAW DFARS 225.7023-4)
252.225-7972 PROHIBITION ON THE PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT
SYSTEMS (AUG 2024) (DEVIATION 2024-O0014) (AUG 2024)
(IAW Deviation 2024-O0014)
(a) Definition. As used in this clause—
Covered foreign country means any of the following:
(1) The People’s Republic of China.
(2) The Russian Federation.
(3) The Islamic Republic of Iran.
(4) The Democratic People’s Republic of Korea.
(b) Prohibition. In accordance with section 848 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2020 and section 817 of the NDAA for FY 2023, the Contractor shall not—
(1) Provide or use an unmanned aircraft system (UAS), or any related services or equipment, that—
(i) Is manufactured in a covered foreign country, or by an entity domiciled in a covered foreign country;
(ii) Uses flight controllers, radios, data transmission devices, cameras, or gimbals manufactured in a covered foreign country, or by an entity domiciled in a covered foreign country;
(iii) Uses a ground control system or operating software developed in a covered foreign country, or by an entity domiciled in a covered foreign country; or
(iv) Uses network connectivity or data storage located in, or administered by an entity domiciled in, a covered foreign country;
(2) Provide or use a system for the detection or identification of a UAS, or any related services or equipment, that is manufactured in a covered foreign country or by an entity domiciled in a covered foreign country; or
(3) On or after October 1, 2024, be an entity that operates equipment, as determined by the Secretary of Defense, from—
(i) Da-Jiang Innovations, or any subsidiary or affiliate of Da-Jiang Innovations;
(ii) Any entity that produces or provides unmanned aircraft systems and is included on the Consolidated Screening List maintained by the International Trade Administration of the Department of Commerce (https://www.trade.gov/consolidated-screening-list); or
(iii) Any entity that produces or provides unmanned aircraft systems and—
(A) Is domiciled in a covered foreign country; or
(B) Is subject to unmitigated foreign ownership, control, or influence by a covered foreign country, as determined by the Secretary of Defense in accordance with the National Industrial Security Program.
(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts or other contractual instruments, including subcontracts for the acquisition of commercial products and commercial services.
(End of clause)
252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS
(DEC 2018)
(IAW DFARS 232.7004(a))
(a) Definitions. As used in this clause— “Contract financing payment” means an authorized Government disbursement of monies to a contractor prior to acceptance of supplies or services by the Government.
(1) Contract financing payments include—
(i) Advance payments;
(ii) Performance-based payments;
(iii) Commercial advance and interim payments;
(iv) Progress payments based on cost under the clause at Federal Acquisition Regulation (FAR) 52.232-16, Progress Payments;
(v) Progress payments based on a percentage or stage of completion (see FAR 32.102(e)), except those made under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at FAR 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and
(vi) Interim payments under a cost reimbursement contract, except for a cost reimbursement contract for services when Alternate I of the clause at FAR 52.232-25, Prompt Payment, is used.
(2) Contract financing payments do not include—
(i) Invoice payments;
(ii) Payments for partial deliveries; or
(iii) Lease and rental payments.
“Electronic form” means any automated system that transmits information electronically from the initiating system to affected systems.
“Invoice payment” means a Government disbursement of monies to a contractor under a contract or other authorization for supplies or services accepted by the Government.
(1) Invoice payments include—
(i) Payments for partial deliveries that have been accepted by the Government;
(ii) Final cost or fee payments where amounts owed have been settled between the Government and the contractor;
(iii) For purposes of subpart 32.9 only, all payments made under the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, and the clause at 52.232-10, Payments Under Fixed-Price Architect- Engineer Contracts; and
(iv) Interim payments under a cost-reimbursement contract for services when Alternate I of the clause at 52.232-25, Prompt Payment, is used.
(2) Invoice payments do not include contract financing payments.
“Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract or task or delivery order.
“Receiving report” means the data prepared in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense Federal Acquisition Regulation Supplement.
(b) Except as provided in paragraph (d) of this clause, the Contractor shall submit payment requests and receiving reports in electronic form using Wide Area WorkFlow (WAWF). The Contractor shall prepare and furnish to the Government a receiving report at the time of each delivery of supplies or services under this contract or task or delivery order.
(c) Submit payment requests and receiving reports to WAWF in one of the following electronic formats:
(1) Electronic Data Interchange.
(2) Secure File Transfer Protocol.
(3) Direct input through the WAWF website.
(d) The Contractor may submit a payment request and receiving report using methods other than WAWF only when—
(1) The Contractor has requested permission in writing to do so, and the Contracting Officer has provided instructions for a temporary alternative method of submission of payment requests and receiving reports in the contract administration data section of this contract or task or delivery order;
(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);
(3) DoD makes payment on a contract or task or delivery order for rendered health care services using the TRICARE Encounter Data System; or
(4) The Governmentwide commercial purchase card is used as the method of payment, in which case submission of only the receiving report in WAWF is required.
(e) Information regarding WAWF is available at https://wawf.eb.mil/.
(f) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.
252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)
(IAW DFARS 232.7102)
252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS
(DOD CONTRACTS) (NOV 2023)
(IAW DFARS 244.403)
252.246-7003 NOTIFICATION OF POTENTIAL SAFETY ISSUES (JAN 2023)
(IAW DFARS 246.370(a), DFARS 212.301(f)(xii))
252.246-7007 CONTRACTOR COUNTERFEIT ELECTRONIC PART DETECTION AND AVOIDANCE
SYSTEM (JAN 2023)
(IAW DFARS 246.870-3(a))
252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA--BASIC (JAN 2023)
(IAW DFARS 247.574(b))
252.247-7028 APPLICATION FOR U.S. GOVERNMENT SHIPPING
DOCUMENTATION/INSTRUCTIONS (JUN 2012)
(IAW DFARS 247.207)
ADDENDUM TO CLAUSE 52.212-4
5352.201-9101 OMBUDSMAN (JUN 2023)
(IAW DAFFARS 5301.9103)
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.
(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).
(c) The Competition Advocate (CA) at each contracting activity/office (as defined in DLAD 2.101) shall act as the ombudsman and attempt to resolve contractor complaints. DLA AVIATION – AOCA’s CA/ombudsman can be reached at (405) 8553556, facsimile (405) 7348129. Complaints which cannot be so resolved shall be forwarded to the HQ through J72 for resolution by the DLA competition advocate. Each activity is responsible for developing procedures for executing the duties and responsibilities of its local ombudsman
(d) The ombudsman has no authority to render a decision that binds the agency.
(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the contracting officer.
(The above Clause/Provision has been modified.)
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
(DEC 2022)
(IAW DFARS 203.970)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)
(IAW FAR 4.1804(c), FAR 12.301(d))
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS
(DEC 2014)
(IAW FAR 4.1202(b))
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS
(NOV 2021)
(IAW FAR 4.1903)
52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES
DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES (DEC 2023)
(IAW FAR 4.2004)
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND
VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
(IAW 4.2105(b))
252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)
(IAW DFARS 204.404-70(a))
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT
REPORTING (JAN 2023)
(IAW DFARS 204-7304(c))
252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION
SUPPORT (JAN 2023)
(IAW DFARS 204.7403(b), DFARS 212.301(f)(i)(F))
252.204-7022 EXPEDITING CONTRACT CLOSEOUT (MAY 2021)
(IAW DFARS 204.804-70)
(a) At the conclusion of all applicable closeout requirements of Federal Acquisition Regulation 4.804, the Government and Contractor shall mutually agree on the residual dollar amount remaining on the contract. Both the Government and Contractor agree to waive payment of any residual dollar amount of $1,000 or less to which either party may be entitled at the time of contract closeout.
(b) A residual dollar amount includes all money owed to either party at the end of the contract and as a result of the contract, excluding amounts connected in any way with taxation or a violation of law or regulation.
(c) For purposes of determining residual dollar amounts, offsets (e.g., across multiple contracts or orders) may be considered only to the extent permitted by law.
252.209-7010 CRITICAL SAFETY ITEMS (AUG 2011)
(IAW DFARS 209.270-5)
(b) Identification of critical safety items. One or more of the items being procured under this contract is an aviation or ship critical safety item. The following items have been designated aviation critical safety items or ship critical safety items by the designated design control activity:
Line Item Description
52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (NOV 2023)
(IAW FAR 12.301(b)(3))
52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES) (AUG 2024)
(IAW FAR 13.302-5(d))
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 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)).
(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115- 91).
(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(iv) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328), unless the agency grants an exception - see paragraph (b) of 52.204-27.
(v) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) (Pub. L. 115–390, title II).
(vi) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(viii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
(ix) 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).
(x) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(xi) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(xii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note).
(2) Listed below are additional clauses that apply:
(i) 52.232-1, Payments (Apr 1984).
(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).
(iii) 52.232-11, Extras (Apr 1984).
(iv) 52.232-25, Prompt Payment (Jan 2017).
(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).
(vi) 52.233-1, Disputes (May 2014).
(vii) 52.244-6, Subcontracts for Commercial Products and Commercial Services (Dec 2023).
(viii) 52.253-1, Computer Generated Forms (Jan 1991).
(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
(ii) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)(Pub. L. 109-282) ( 31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).
(iii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in 2.101 on the date of award of this contract).
(iv) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment., Contracts for Materials, Supplies, Articles, and Equipment (Jun 2020) ( 41 U.S.C.chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).
(v) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).
(vi) 52.222-36, Equal Employment for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.
Virgin Islands, and Wake Island.)
(vii) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).
(viii) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).
(ix) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O.
13627) (Applies to all solicitations and contracts).
(B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).
(x) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.))).
(xi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))
(xii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2024) ( 42 U.S.C. 11001- 11050 and 13101-13109) (Applies to services performed on Federal facilities).
(xiii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.) (Applies to contracts for products as prescribed at FAR 23.110(d)(1)).
(xiv) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).
(xv) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent;
or contracts for maintenance or repair of electronic or mechanical devices).
(xvi) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.
(xvii) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l) (Applies to contracts when the agency identifies in the statement of work, or elsewhere in the contract, the sustainable products and services that apply to the acquisition).
(xviii) (A) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in 2.101 on the date of award of this contract, and the acquisition-
(1) Is set aside for small business concerns; or
(2) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $50,000).
(B) Alternate I (OCT 2022) (Applies if the Contracting Officer has filled in the domestic content threshold below, which will apply to the entire contract period of performance.
Substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of domestic end product in paragraph (a) of 52.225-1: (A) The cost of its components mined, produced, or manufactured in the United States exceeds ____ percent of the cost of all its components. [ Contracting officer to insert the percentage per instructions at 13.302-5(d)(4). ])
(xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations., Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the…
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