SPRTA1-23-R-0234.pdf

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

FD20302300555 02

5. SOLICITATION NUMBER

SPRTA1-23-R-0234

6. SOLICITATION ISSUE DATE

25 SEP 2023

b. TELEPHONE NUMBER (No collect calls) (405 ) 734 -8107 ext.

2. CONTRACT NO.

7. FOR SOLICITATION

INFORMATION CALL

3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

a. NAME Breann Irving

8. OFFER DUE DATE/LOCAL

TIME

25OCT2023 3:00PM

12. DISCOUNT TERMS11. DELIVERY FOR FOB DEST.

UNLESS BLOCK IS MARKED

SEE SCHEDULE

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

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

HUBZONE SMALL (WOSB)ELIGIBLE UNDER THE WOMEN-OWNED

BUSINESS SMALL BUSINESS PROGRAM

NAICS CODE:

SERVICE-DISABLED EDWOSB 336412

VETERAN-OWNED SIZE STANDARD

SMALL BUSINESS 8 (A) 1,500 :

13a. THIS CONTRACT IS A

RATED ORDER

UNDER DPAS

(15 CFR 700)

13b. RATING

DO: A1 52.211-14, 52.211-15

14. METHOD OF SOLICITATION

RFQ IFB RFP

9. ISSUED BY CODE

DLA AVIATION AT OKLAHOMA CITY, OK

DLR PROCUREMENT OPERATIONS (AO)

3001 STAFF DRIVE

TINKER AFB OK 73145-3070

BUYER: Breann Irving/DLA-AOAB breann.irving@us.af.mil Phone: (405) 734- 8107 Fax: (405) 734-8106 No Collect Calls

15. DELIVER TO CODE

SEE LINE ITEM SCHEDULE

16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR FACILITY

CODE CODE

18a. PAYMENT WILL BE MADE BY CODE

(SEE ESP CLAUSE 252.232-7003.)

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.

SPRTA1

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for 120 days.

This is a Critical Safety Item

Due to export control restrictions, the Engineering Data List (EDL) and drawings can only be obtained through www.sam.govv via secure link to the solicitation notice for view only by vendors authorized to view export controlled data.

Qualification Requirements must be met IAW Clause 52.209-1, “QUALIFICATION REQUIREMENTS (FEB 1995)” prior to award.

Contract award will not be delayed to allow an offeror completion of qualification requirements/process.

SEE LINE ITEM SCHEDULE

(Attach Additional Sheets as Necessary)

26. AWARD AMOUNT (For Gov’t 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 HEREIN.

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

X

X X

X X

X

25. ACCOUNTING AND APPROPRIATION DATA SEE FUNDS SCHEDULE

X

SCD:B

EFT:T

Total

STANDARD FORM 1449 (REV. 2/2012) BACK

COMPUTER GENERATED 9/25/2023, 1:55 PM

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOV’T REPRESENTATIVE

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

32c. DATE

41c. DATE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER36. PAYMENT

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE LINE ITEM SCHEDULE

(Attach Additional Sheets as Necessary)

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SPRTA1-23-R-0234

SUPPLIES OR SERVICES AND PRICES/COSTS

IAW DLAD 9.306 (S‐97), H07 Supply Assurance through Multisource Contracting (SEP 2017) applies to this acquisition. This is a Supply Assurance through Multisource Contracting acquisition with 2 alternatives for award. Alternative I is 100% of the quantity being awarded to the proven source if it is the lowest offeror or if they are the only offer received, or 100% of the quantity being awarded to the unproven source if the proven source does not submit a proposal*. Alternative II is invoked if the unproven source is the low offeror, resulting in the unproven source receiving up to 40% of the total needed quantity and the proven source receiving at least 60% of the total needed quantity.

* PRICE COMPETITION NOTE: It is anticipated that pricing of this action will be based on adequate price competition; therefore, offerors will not be required to provide information necessary to determine price reasonableness. However, if after receipt of proposals it is determined that adequate price competition does not exist additional data may be required to determine price reasonableness.

"Proven source" means a source that has successfully met first article testing (FAT) requirements in the past and has been identified by the Government as currently meeting the criteria for FAT waiver.

“Unproven source” means a source that has not successfully met first article testing (FAT) requirements in the past and has not been identified by the Government as currently meeting the criteria for FAT waiver.

All offerors shall propose on CLIN 0001 and CLIN 0002.

Unproven sources shall propose on the following SubCLINs under Alternative I:

0001AA

0001AB

0001AC

Unproven sources shall propose on the following SubCLINs under Alternative II:

0002AA

0002AB

0002AC

The proven source shall proposal on the following SubCLIN under Alternative I:

0001AD

The proven source shall propose on the following SubCLIN under Alternative II:

0002AD

INFO CLIN-NEW MANUFACTURE MATERIAL

Alternative Method I Item No.

INFO CLIN-NEW MANUFACTURE MATERIAL

Alternative Method I

NSN: 2840-01-231-1048 OK

FLAMEHOLDER,AFTERBU

Produce thrust J85 engine

AMS 5532

Manufacturer Part Number 99207 6005T64P40 Associated Document(s) Line Item(s)

FD20302300555 02 0001

Priority: E Buy American Act/Balance of Payments Program IUID Required: Yes Physical Item Markings:

The total quantity required for First Article Government Testing is 3 each. 1 FA unit will be expended in testing. 2 FA units will be installed on aircraft/equipment to determine proper fit/function. Performance or other characteristics which the FA must meet are as specified on the part drawing, specs and/or engineering instruction notes. The FA units may be considered part of the contract quantity if the FA units are approved by the Government.

First Article Unit (Expended) Government Testing

Alternative Method I Unproven SourceFirst Article Required Item No.

0001AA

Firm Fixed Price Quantity U/I Unit Price Amount

1 EA

CLIN ACRN ACRN Total

0001AA AA

Note: This first article will be consumed or destroyed during Government testing. This first article must still be approved by the Government and inspected and accepted by the Government.

NSN: 2840‐01‐231‐1048 OK

FLAMEHOLDER,AFTERBU

Manufacturer Part Number 99207 6005T64P40 Associated Document(s) Line Item(s)

FD20302300555 02 0001AB

Priority: E

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection 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.

A FY2303 ORIGIN

Class I ODS Substance Application/Use Quantity None None N/A Type / Ship To PACRN Mark For

A FY2303 PAA First Article Type / Ship To Quantity (U/I) Sooner *ARO Contract Req No / Pri

Required Delivery

A FY2303 1 EA *180 Calendar Days Non‐MilStrip

Proposed Delivery

A FY2303 1 EA

First Article Units (NonExpended) Government Testing

Alternative Method I Unproven Source First Article Required Item No.

0001AB

Firm Fixed Price Quantity U/I Unit Price Amount

2 EA

CLIN ACRN ACRN Total

0001AB AA

Note: The quantity of first articles for this item number may be considered part of the contract quantity if the first articles are approved by the Government and are inspected/accepted by the Government as required by FAR clause 52.2094.

NSN: 2840‐01‐231‐1048 OK

FLAMEHOLDER,AFTERBU

Manufacturer Part Number 99207 6005T64P40 Associated Document(s) Line Item(s)

FD20302300555 02 0001AA

Priority: E

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A FY2303 ORIGIN

Type / Ship To PACRN Mark For A FY2303 PAA First Article Type / Ship To Quantity (U/I) Sooner *ARO Contract Req No / Pri

Required Delivery

A FY2303 2 EA *180 Calendar Days Non‐MilStrip

Proposed Delivery

A FY2303 2 EA

Production Units

Alternative Method I Unproven Source First Article Required Item No.

0001AC

Firm Fixed Price Best Estimated Qty

U/I Unit Price

194 EA

Minimum Quantity

43 EA

Maximum Quantity

257 EA

CLIN ACRN ACRN Total

0001AC AA

Note: The First Article exhibits for Line Item 0001AB may be considered part of the contract quantity if they are approved by the Government and are inspected/accepted by the Government as required by FAR clause 52.2094.

NSN: 2840‐01‐231‐1048 OK

FLAMEHOLDER,AFTERBU

Produce thrust J85 engine

AMS 5532

Manufacturer Part Number 99207 6005T64P40 Associated Document(s) Line Item(s)

FD20302300555 02 0001

Priority: E

Inspection: Origin Acceptance: Origin Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)

Buy American Act/Balance of Payments Program IUID Required: Yes Physical Item Markings:

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A SW3211 ORIGIN

Class I ODS Substance Application/Use Quantity None None N/A Type / Ship To PACRN Mark For

A SW3211 PAA ACCT. 09

Type / Ship To Quantity (U/I) *ARO Approval of

First Article Req No / Pri

Required

A SW3211 194 EA *180 Calendar Days Non‐MilStrip

Proposed Delivery

A SW3211 194 EA

New Manufacture Material (Production Units)

Alternative Method I Proven Source First Article NOT Required Item No.

0001AD

Firm Fixed Price Best Estimated Qty

U/I Unit Price

196 EA

Minimum Quantity

43 EA

Maximum Quantity

257 EA

CLIN ACRN ACRN Total

0001AD AA

NSN: 2840‐01‐231‐1048 OK

FLAMEHOLDER,AFTERBU

Produce thrust J85 engine

AMS 5532

Manufacturer Part Number 99207 6005T64P40 Associated Document(s) Line Item(s)

FD20302300555 02 0001

Priority: E

Inspection: Origin Acceptance: Origin Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)

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.

A SW3211 ORIGIN

Class I ODS Substance Application/Use Quantity None None N/A Type / Ship To PACRN Mark For

A SW3211 PAA ACCT. 09

Type / Ship To Quantity (U/I) *ARO Contract Req No / Pri

Required Delivery

A SW3211 196 EA *180 Calendar Days Non‐MilStrip

Proposed

New Manufacture Material (Production Units)

Alternative Method I Proven Source First Article NOT Required

A SW3211 196 EA

INFO CLINNEW MANUFACTURE MATERIAL

Alternative Method II Item No.

NSN: 2840‐01‐231‐1048 OK

FLAMEHOLDER,AFTERBU

Produce thrust J85 engine

AMS 5532

Manufacturer Part Number 99207 6005T64P40 Priority: E Buy American Act/Balance of Payments Program IUID Required: Yes Physical Item Markings:

H07 Supply Assurance through Multisource Contracting (SEP 2017)

(1) "Proven source" means a source that has successfully met first article testing (FAT) requirements in the past and has been identified by the Government as currently meeting the criteria for FAT waiver.

(2) The Government may make multiple awards to assure the availability of supplies when FAT is required. When the contracting officer determines it is in the Government's best interest to increase the likelihood of timely supply availability, the contracting officer may make awards to both an unproven and a proven source of supply for this item. If there are no sources currently waived for the FAT requirement, the contracting officer may make awards to more than one unproven source of supply.

(3) If multiple awards will be made pursuant to (2) above, the source that represents the best value to the Government based on the evaluation criteria in the solicitation shall receive not less than 60% of the total requirement.

(4) Unless an offeror otherwise qualifies its offer, unit prices submitted for the total requirement will apply to any partial awards.

(5) If multiple awards are made pursuant to (2) above and one of the awardees is an unproven source that fails to successfully complete FAT requirements, the Government may increase the quantity of supplies called for in the schedule of this contract to the second awardee, if it is a proven source or is a previously unproven source that has successfully completed the FAT requirements for this contract, at the unit prices specified by the second awardee, up to and including 100% of the quantity awarded to the unproven source that was subject to the failed FAT. This option is separate and distinct from any other option terms and conditions included in this contract.

First Article Unit (Expended) Government Testing

Alternative Method II Unproven SourceFirst Article Required Item No.

0002AA

Firm Fixed Price Quantity U/I Unit Price Amount

1 EA

CLIN ACRN ACRN Total

0002AA AA

Note: This first article will be consumed or destroyed during Government testing. This first article must still be approved by the Government and inspected and accepted by the Government.

NSN: 2840‐01‐231‐1048 OK

FLAMEHOLDER,AFTERBU

Manufacturer Part Number 99207 6005T64P40 Priority: E

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection 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.

A FY2303 ORIGIN

Class I ODS Substance Application/Use Quantity None None N/A Type / Ship To PACRN Mark For A FY2303 PAA First Article Type / Ship To Quantity (U/I) Sooner *ARO Contract Req No / Pri

Required Delivery

A FY2303 1 EA *180 Calendar Days Non‐MilStrip

Proposed

A FY2303 1 EA

First Article Units (NonExpended) Government Testing

Alternative Method II Unproven Source First Article Required Item No.

0002AB

Firm Fixed Price Quantity U/I Unit Price Amount

2 EA

CLIN ACRN ACRN Total

0002AB AA

Note: The quantity of first articles for this item number may be considered part of the contract quantity if the first articles are approved by the Government and are inspected/accepted by the Government as required by FAR clause 52.2094.

NSN: 2840‐01‐231‐1048 OK

FLAMEHOLDER,AFTERBU

Manufacturer Part Number 99207 6005T64P40 Priority: E

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection Buy American Act/Balance of Payments Program

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A FY2303 ORIGIN

Type / Ship To PACRN Mark For A FY2303 PAA First Article Type / Ship To Quantity (U/I) Sooner *ARO Contract Req No / Pri

Required Delivery

A FY2303 2 EA *180 Calendar Days Non‐MilStrip

Proposed Delivery

A FY2303 2 EA

Production Units

Alternative Method II Unproven Source First Article Required Item No.

0002AC

Firm Fixed Price Best Estimated Qty

U/I Unit Price

78 EA

Minimum Quantity

43 EA

Maximum Quantity

Production Units

Alternative Method II Unproven Source First Article Required

257 EA

CLIN ACRN ACRN Total

0002AC AA

Note: The First Article exhibits for Line Item 0001AB may be considered part of the contract quantity if they are approved by the Government and are inspected/accepted by the Government as required by FAR clause 52.2094.

NSN: 2840‐01‐231‐1048 OK

FLAMEHOLDER,AFTERBU

Produce thrust J85 engine

AMS 5532

Manufacturer Part Number 99207 6005T64P40 Priority: E

Inspection: Origin Acceptance: Origin Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)

Buy American Act/Balance of Payments Program IUID Required: Yes Physical Item Markings:

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A SW3211 ORIGIN

Class I ODS Substance Application/Use Quantity None None N/A Type / Ship To PACRN Mark For

A SW3211 PAA ACCT. 09

Type / Ship To Quantity (U/I) *ARO Approval of

First Article Req No / Pri

Required Delivery

A SW3211 78 EA *180 Calendar Days Non‐MilStrip

Proposed Delivery

A SW3211 78 EA

New Manufacture Material (Production Units)

Alternative Method II Proven Source First Article NOT Required Item No.

0002AD

Firm Fixed Price Best Estimated Qty

U/I Unit Price

118 EA

New Manufacture Material (Production Units)

Alternative Method II Proven Source First Article NOT Required Minimum Quantity

43 EA

Maximum Quantity

257 EA

CLIN ACRN ACRN Total

0002AD AA

NSN: 2840‐01‐231‐1048 OK

FLAMEHOLDER,AFTERBU

Produce thrust J85 engine

AMS 5532

Manufacturer Part Number 99207 6005T64P40 Priority: E

Inspection: Origin Acceptance: Origin Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)

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.

A SW3211 ORIGIN

Class I ODS Substance Application/Use Quantity None None N/A Type / Ship To PACRN Mark For

A SW3211 PAA ACCT. 09

Type / Ship To Quantity (U/I) *ARO Contract Req No / Pri

Required Delivery

A SW3211 118 EA *180 Calendar Days Non‐MilStrip

Proposed

A SW3211 118 EA

SHIP TO / PLACE OF PERFORMANCE

TYPE/CODE: A FY2303

FY2303 DDOO SOP 1ST ARTICLE

CP 405 739 8596

8080 PERIMETER RD BLDG 18 DR 16

TINKER AFB OK 73145

USA

MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)

AWARD NUMBER:

TYPE/CODE: A SW3211

DLA DISTRIBUTION DEPOT OKLAHOMA

3301 F AVE CEN REC BLDG 506 DR 22

TINKER AFB OK 73145‐8000

USA

MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)

AWARD NUMBER:

CONTRACT CLAUSES

252.2037000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) (IAW DFARS 203.171‐4(a), DFARS 212.301(f)(ii))

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019)

(IAW DFARS 203.1004(a), DFARS 212.301(f)(iii))

252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE

TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2023)

(IAW DFARS 204.2105(c))

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS

(JUN 2023)

(IAW DFARS 205.470, DFARS 212.301(f)(iii))

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

(IAW DFARS 211.274-6(a)(1), 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

(JUN 2023)

(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) 52.20319,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:

[Contracting Officer check as appropriate.] __X __ (1) 52.2036, 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).

__X __ (2) 52.20313, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509).

__ __ (3) 52.20315, 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.)

__X __ (4) 52.20410, Reporting Executive Compensation and First‐Tier Subcontract Awards (JUN 2020) (Pub. L. 109‐282) (31 U.S.C. 6101 note).

(5) [Reserved] __ __ (6) 52.20414, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111‐117, section 743 of Div. C).

__ __ (7) 52.20415, Service Contract Reporting Requirements for Indefinite‐Delivery Contracts

(Oct 2016) (Pub. L. 111‐117, section 743 of Div. C).

__X __ (8) 52.20427, Prohibition on a ByteDance Covered Application (June 2023) (Section 102 of

Division R of Pub. L. 117‐328).

__X __ (9) 52.2096, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment (NOV 2021) (31 U.S.C. 6101 note).

__X __ (10) 52.2099, Updates of Publicly Available Information Regarding Responsibility Matters

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

____ (11) [Reserved} __ __ (12) (i) 52.2193, Notice of HUBZone Set‐Aside or Sole‐Source Award (OCT 2022)(15 U.S.C.

657a).

__ __ (12) (ii) Alternate I (MAR 2020) of 52.219‐3.

__X __ (13) (i) 52.2194, 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).

__ _ (13) (ii) Alternate I (MAR 2020) of 52.219‐4.

(14) [Reserved]

__ __ (15) (i) 52.2196, Notice of Total Small Business Set‐Aside (NOV 2020)(15 U.S.C. 644).

__ __ (15) (ii) Alternate I (MAR 2020) OF 52.219‐6.

__ __ (16) (i) 52.2197, Notice of Partial Small Business Set‐Aside (NOV 2020)(15 U.S.C. 644).

__ __ (16) (ii) Alternate I (MAR 2020) of 52.219‐7.

__ __ (17) 52.2198, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)).

X (18) (i) 52.2199, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

__ __ (18) (ii) Alternate I (Nov 2016) of 52.219‐9.

__ __ (18) (iii) Alternate II (Nov 2016) of 52.219‐9.

__X __ (18) (iv) Alternate III (JUN 2020) of 52.219‐9.

(18) (v) Alternate IV (SEP 2021) of 52.219‐9.

__ (19) (i) 52.21913, Notice of Set‐Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (19) (ii) Alternate I (MAR 2020) of 52.219‐13.

__ (20) 52.21914, Limitations on Subcontracting (OCT 2022)(15 U.S.C. 657s).

__X __ (21) 52.21916, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

__ __ (22) 52.219–27, Notice of Service‐Disabled Veteran‐Owned Small Business Set‐Aside (OCT

2022) (15 U.S.C. 657f).

__X __ (23) (i) 52.21928, Post‐Award Small Business Program Rerepresentation (OCT 2022) (15

U.S.C. 632(a)(2)).

(23) (ii) Alternate I (MAR 2020) of 52.219‐28.

__ __ (24) 52.21929, 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)).

__ __ (25) 52.21930, 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)).

(26) 52.21932, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C.

644(r)).

(27) 52.21933, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

__ __ (28) 52.2223, Convict Labor (June 2003)(E.O. 11755).

__X __ (29) 52.22219, Child Labor—Cooperation with Authorities and Remedies (DEC 2022) (E.O.

13126).

__X __ (30) 52.22221, Prohibition of Segregated Facilities (Apr 2015).

__X __ (31) (i) 52.22226, Equal Opportunity (Sept 2016) (E.O. 11246

(31) (ii) Alternate I (Feb 1999) of 52.222‐26.

__X __ (32) (i) 52.22235, Equal Opportunity for Veterans (JUN 2020)(38 U.S.C.

4212).

(32) (ii) Alternate I (July 2014) of 52.222‐35.

__X __ (33) (i) 52.22236, Equal Opportunity for Workers with Disabilities (JUN

2020) (29 U.S.C. 793).

(33) (ii) Alternate I (July 2014) of 52.222‐36.

__X __ (34) 52.22237, Employment Reports on Veterans (JUN 2020)(38 U.S.C. 4212).

__X __ (35) 52.22240, Notification of Employee Rights Under the National Labor relations Act (Dec

2010) E.O. 13496).

__X __ (36) (i) 52.22250, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and

E.O. 13627).

__ __ (36) (ii) Alternate I (Mar 2015) of 52.222‐50 (22 U.S.C. chapter 78 and E.O. 13627).

__ __ (37) 52.22254, 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.)

__ __ (38) (i) 52.2239, 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.)

__ _ (38) (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 __ (39) 52.22311, Ozone‐Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June 2016) (E.O. 13693).

__ __ (40) 52.22312, Maintenance, Service, repair, or Disposal of Refrigeration Equipment and Air Conditioners (June 2016) (E.O.13693).

__ _ (41) (i) 52.22313, Acquisition of EPEAT®‐Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ _ (41) (ii) Alternate I (Oct 2015) of 52.223‐13.

__ _ (42) (i) 52.22314, Acquisition of EPEAT®‐Registered Televisions (Jun 2014) (E.O.s 13423 and

13514).

__ _ (42) (ii) Alternate I (Jun 2014) of 52.223‐14.

__ __ (43) 52.22315, Energy Efficiency in Energy‐Consuming Products (MAY 2020) (42.U.S.C.

8259b).

__ __ (44) (i) 52.22316, Acquisition of EPEAT®‐Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

__ _ (44) (ii) Alternate I (Oct 2015) of 52.223‐16.

__X __ (45) 52.22318, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020) (E.O.13513).

__X __ (46) 52.22320, Aerosols (Jun 2016) (E.O. 13693) __X __ (47) 52.22321, Foams (Jun 2016) (E.O. 13693).

__X __ (48) (i) 52.2243, Privacy Training (Jan 2017) (5 U.S.C. 552a).

___ (48) (ii) Alternate I, (Jan 2017) of 52.244‐3.

__ __ (49) 52.2251, Buy American‐‐Supplies (NOV 2021) (41 U.S.C. chapter 83).

__ __ (50) (i) 52.2253, Buy American‐‐Free Trade Agreements‐‐Israeli Trade Act (DEC 2022) (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.

__ _ (50) (ii) Alternate I [Reserved].

__ _ (50) (iii) Alternate II (DEC 2022) of 52.225‐3.

__ _ (50) (iv) Alternate III (JAN 2021) of 52.225‐3.

__ _ (50) (v) Alternate IV (OCT 2022) of 52.225‐3.

__ __ (51) 52.2255, Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__X __ (52) 52.22513, 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).

__ __ (53) 52.22526, 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).

__ __ (54) 52.2264, Notice of Disaster or Emergency Area Set‐Aside (Nov 2007)(42 U.S.C. 5150).

__ __ (55) 52.2265, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

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

__X __ (56) 52.229–12, Tax on Certain Foreign Procurements (FEB 2021).

__ __ (57) 52.23229, Terms for financing of Purchases of Commercial Products and Commercial

Services (NOV 2021)(41 U.S.C. 4505, 10 U.S.C. 3805).

__ __ (58) 52.23230, Installment Payments for Commercial Products and Commercial Services

(NOV 2021)(41 U.S.C. 4505, 10 U.S.C. 3805).

__X __ (59) 52.23233, Payment by Electronic Funds Transfer—System for Award Management (Oct

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

__ __ (60) 52.23234, Payment by Electronic Funds Transfer—Other than System for Award

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

__ __ (61) 52.23236, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ __ (62) 52.2391, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__X __ (63) 52.2425, Payment to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ __ (64) (i) 52.24764, 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) 52.22241, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

__ __ (2) 52.22242, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ __ (3) 52.22243, 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) 52.22244, 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) 52.22251, 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) 52.22253, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014)(41 U.S.C. chapter 67).

__ __ (7) 52.22255, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).

__ __ (8) 52.22262, Paid Sick Leave Under Executive Order 13706. (Jan 2022) (E.O. 13706).

__ __ (9) 52.2266, 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) 52.20313, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.20319, 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) 52.20423, 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) 52.20425, 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) 52.20427, Prohibition on a ByteDance Covered Application (June 2023) (Section 102 of Division R of Pub. L. 117‐328).

(vi) 52.2198, Utilization of Small Business Concerns (Oct 2022) (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.

(vii) 52.22221, Prohibition of Segregated Facilities (Apr 2015).

(viii) 52.22226, Equal Opportunity (Sep 2016) (E.O. 11246).

(ix) 52.22235, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(x) 52.22236, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(xi) 52.22237, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.22240, 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.

(xiii) 52.22241, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiv) 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).

(xv) 52.22251, 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.)

(xvi) 52.22253, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services‐‐Requirements (May 2014) (41 U.S.C. chapter 67)

(xvii) 52.22254, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xviii) 52.22255, Minimum Wages for Contractor Workers Under Executive Order 14026

(JAN 2022).

(xix) 52.22262, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xx) (A) 52.2243, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224‐3.

(xxi) 52.22526, 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).

(xxii) 52.2266, 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.

(xxiii) 52.23240, 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.

(xxiv) 52.24764, 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.

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (DEVIATION 2023-O0002)

(DEC 2022)

(IAW Deviation 2023-O0002, Revision 1)

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DoD CONTRACTS) (DEC 2019) (IAW DFARS 219.708(b)(1)(A), DFARS 219.708(b)(1)(A)(1))

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DoD CONTRACTS)--ALTERNATE I

(DEC 2019)

(IAW DFARS 219.708(b)(1)(A)(2), DFARS 219.708(b)(1)(A)(1))

252.219-7004 SMALL BUSINESS SUBCONTRACTING PLAN (TEST PROGRAM) (DEC 2022)

(IAW DFARS 219.708(b)(1)(B))

252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JAN 2023)

(IAW DFARS 223.7306, DFARS 212.301(f)(xxi))

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM--BASIC (JAN 2023)

(IAW DFARS 225.1101(2)(i) and (2)(ii))

252.225-7009 RESTRICTION ON ACQUISITION OF CERTAIN ARTICLES CONTAINING SPECIALTY

METALS (JAN 2023)

(IAW DFARS 225.7003-5(a)(2), DFARS 212.301(f)(xxv))

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR 2022)

(IAW DFARS 225.7002-3(a))

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 (DEVIATION 2020-O0015) (MAY 2020)

(IAW Deviation 2020-O0015)

Deviation 2020‐O0015

(a) Prohibition. In accordance with section 848 of the National Defense Authorization Act for Fiscal Year 2020, the Contractor shall not provide or use in the performance of this contract—

(1) An unmanned aircraft system (UAS), or any related services or equipment, that—

(i) Is manufactured in the People’s Republic of China or by an entity domiciled in the People’s Republic of China;

(ii) Uses flight controllers, radios, data transmission devices, cameras, or gimbals manufactured in the People’s Republic of China or by an entity domiciled in the People’s Republic of China;

(iii) Uses a ground control system or operating software developed in the People’s Republic of China or by an entity domiciled in the People’s Republic of China; or

(iv) Uses network connectivity or data storage located in, or administered by an entity domiciled in, the People’s Republic of China; or

(2) A system for the detection or identification of a UAS, or any related services or equipment, that is manufactured—

(i) In the People’s Republic of China; or

(ii) By an entity domiciled in the People’s Republic of China.

(b) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (b), in all subcontracts or other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS

(JAN 2023)

(IAW DFARS 226.104)

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)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2022)

(IAW DFARS 243.205-71)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS

(DOD CONTRACTS) (JAN 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))

252.247-7023 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)

DLA OMBUDSMAN (APR 2010)

(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 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 405‐855‐3552, facsimile (405) 734‐8129.