TH-57 Engine Repair_Combined Synopsis-Solicitation_Posted.PDF

Combined Synopsis/Solicitation for TH‐57 Engine Repair

This is a combined synopsis/solicitation for commercial items and services prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a separate written solicitation will not be issued. The use of simplified acquisition procedures for the acquisition of certain commercial items, as authorized by FAR Part 13.5, are applicable to this procurement.

In accordance with FAR Part 5.207 (a) the following summary of content is provided:

This solicitation notice N0042122R0008, Action Code: P, is made this 4th day of May 2022 for the procurement of Engine Repair services for the TH‐57 program under the Product or Service code (PSC) J028 (Maintenance, Repair and Rebuilding of Equipment, Engines, Turbines and Components). The contracting office address is: NAWCAD PROCUREMENT GROUP, 21983 BUNDY ROAD, BLDG 441, PATUXENT RIVER, MD 20670. The points of contact are: Anita Kriner, Contract Specialist, anita.m.kriner.civ@us.navy.mil and Paul Campbell, Contracting Officer, paul.b.campbell4.civ@us.navy.mil.

This solicitation, N0042122R0008, is issued as a request for proposal (RFP) and incorporates the provisions and clauses in effect through https://www.acquisition.gov/content/regulations, inclusive but not limited to, Federal Acquisition Circular (FAC) number 2022‐04 and DFARS Change 03/18/2022. This will be a Full and Open Competition, no set‐aside has been established. Best value will be determined using the lowest price technically acceptable selection process in accordance with FAR 15.101‐2. This award will be for an Indefinite Delivery, Indefinite Quantity (IDIQ) contract with Firm Fixed Price (FFP) CLINs. The North American Industrial Classification System (NAICS) code for this solicitation is 336412 (Aircraft Engine and Engine Parts Manufacturing). This requirement is currently performed by Standard Aero LTD under contract N61340‐20‐D‐0023 and was previously performed under contract N61340‐19‐D‐1033.

Pricing shall include all costs related to this requirement, including shipping, which shall not be priced separately. The ordering period will be from 1‐September‐2022 through 31‐August‐2023 for the base year. One option year is anticipated with an ordering period of 1 September 2023 through 31 August 2024. Proposals shall price the following CLINs by providing the per‐unit price and calculated total prices using each CLIN’s quantity value. For CLINs 0005 and 0105, the Offeror shall provide the proposed material handling. The rate proposed shall be utilized when definitizing the Parts & Materials CLINs.

First Year CLINs:

CLIN 0001: Test, Teardown & Evaluation – Firm Fixed Price – Estimated quantity 17 EACH

CLIN 0002: Engine Engineering Investigation Support – Firm Fixed Price – Estimated quantity 3 EACH

CLIN 0003: Engine Repair – Firm Fixed Price –Estimated quantity 17 EACH

CLIN 0004: Over and Above labor – Firm Fixed Price – Estimated quantity 8,228 HOURS

CLIN 0005: Parts & Materials – Firm Fixed Price – Estimated quantity 1 LOT

CLIN 0006: Technical Data – Not Separately Priced (NSP) – 1 LOT

Option Year 1 CLINs:

CLIN 0101: Test, Teardown & Evaluation – Firm Fixed Price – Estimated quantity 15 EACH

CLIN 0102: Engine Engineering Investigation Support – Firm Fixed Price – Estimated quantity 3 EACH

CLIN 0103: Engine Repair– Firm Fixed Price –Estimated quantity 15 EACH

CLIN 0104: Over & Above ‐ O&A Labor – Firm Fixed Price – Estimated 7,260 HOURS

CLIN 0105: Parts & Materials – Firm Fixed Price – Estimated quantity 1 LOT

CLIN 0106: Technical Data – Not Separately Priced (NSP) – 1 LOT

Inspection and Acceptance Terms

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

CLIN 0001/0101 Origin Government Origin Government

CLIN 0002/0102 Origin Government Origin Government

CLIN 0003/0103 Origin Government Origin Government

CLIN 0004/0104 Origin Government Origin Government

CLIN 0005/0105 Origin Government Origin Government

CLIN 0006/0106 Destination Government Destination Government

This Combined Synopsis/Solicitation is seeking a provider for TH‐57 Engine Repairs. The Naval Air Systems Command (NAVAIR) is seeking a company that can meet the requirements as detailed in the PWS (Attachment 1).

Repair is defined as those activities needed to restore an engine to ready‐for‐issue (RFI) status by correcting discrepancies such as, but not limited to:

component damage beyond allowable limits failing power assurance tests/low power leaking oil making smoke over‐temperature or hot start events over‐speed events over‐torque events exceedance of allowable metal levels in engine oil foreign object debris (FOD) vibration.

Over & Above repair is defined as restoring an engine to RFI status following induction for discrepancies such as, but not limited to:

Gearbox mechanical failure (cracked or broken gearing/gear teeth)

Compressor mechanical failure (cracked or broken)

Power turbine wheel assembly mechanical failure

Inoperative or improper operation of engine assemblies or accessories mechanical failures

Drive System Sudden Stoppage

Mishap Damage (i.e., hard landing)

Shipping container damage

The following Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) provisions apply to this acquisition. Provisions requiring Full Text are indicated by (FT) and are included at the end of the provisions list.

FAR 52.203‐11

FAR 52.204‐7

FAR 52.204‐16

FAR 52.204‐17

FAR 52.204‐20

FAR 52.204‐24 (FT)

FAR 52.204‐26

FAR 52.209‐7

FAR 52.212‐1*

FAR 52.212‐2 (FT)

FAR 52.212‐3

FAR 52.212‐3 Alternate 1

FAR 52.217‐5

FAR 52.222‐22

FAR 52.222‐25

FAR 52.222‐56

DFARS 252.203‐7005

DFARS 252.204‐7016

DFARS 252.204‐7017

DFARS 252.204‐7019

DFARS 252.215‐7008

*Addendum to FAR 52.212‐1 Instructions to Offerors—Commercial Products and Commercial Services.

In order to be considered for award, each Offeror must provide the following with their proposal:

1) Proof of Federal Aviation Administration (FAA) Title 14 Code of Federal Regulations (CFR) Part 145 certification for aircraft engines (or equivalent approved by the FAA), or partnered with a sub‐ contractor that possesses this certification and will perform the engine repair work. Sub‐contractor must be identified in the proposal and proof of certification must be submitted.

2) Proof of Rolls‐Royce Corporation Authorized Maintenance, Repair and Overhaul Center (AMROC) certified facility, or partnered with a sub‐contractor identified in the proposal that possesses the certification and will perform the engine repair work. Sub‐contractor must be identified in the proposal and proof of certification must be submitted.

3) Pricing information submitted in accordance with the attached pricing spreadsheet.

4) As per the provision at 52.212‐3, please provide the Offeror Representations and Certifications‐

Commercial Products and Commercial Services with the offer if they are not completed or current within SAM.gov.

Proposals are due no later than 1430 US Eastern Daylight Time on 6 June 2022. Responses must include the solicitation number; name, address and telephone number of Offeror; warranty information; discount terms, estimated period of performance; business type; CAGE code. Proprietary data in the responses will be protected where so designated.

All volumes of the proposal shall be submitted electronically through the Solicitation Module of the Procurement Integrated Enterprise Environment (PIEE) at https://piee.eb.mil. No other submissions, such as mail, hand‐carried, or other electronic system (e.g., DOD SAFE) are authorized by the solicitation unless specifically authorized by the Contracting Officer pursuant to paragraph 4.1 below. For instructions on how to post an offer, please refer to the Posting Offer demo:

https://pieetraining.eb.mil/wbt/sol/Posting_Offer.pdf.

It is the Offeror’s responsibility to follow the registration instructions found on the PIEE website. It is advised that all potential prime Offerors and their subcontractors ensure the proper company points of contact are registered in the site based on their CAGE codes and have the proper roles assigned well in advance of the solicitation closing date. Subcontractors are only required to register in PIEE if they want to submit their proprietary proposal information separate from the prime offer. Documents submitted by the subcontractor directly to the Government must have the prime contractor’s name, CAGE, and RFP number on the first page of the document.

It is also the Offeror’s responsibility to confirm receipt of proposals and all electronic communications.

Screen shots of the submission should also be taken to validate a submission was accepted in the PIEE system against this solicitation. The Government is not obligated to search for incorrectly submitted proposals in PIEE.

The submission date for all Volumes shall be no later than the date and time specified in Block 9 of the SF 33 of the RFP. NOTE: The Integrated Product Team (IPT) may wish to request the Past Performance Volume earlier than the remaining Volumes, if so, recommend including the following sentence: It is requested that the Past Performance Volume information be submitted [fill in] days prior to the submission date specified in Block 9 of the SF 33 of the RFP.

If there is an unanticipated PIEE System outage within 24 hours of the proposal due date and the outage has interrupted normal Government processes so that proposals cannot be received by the exact time specified in the solicitation, the Contractor shall immediately notify the Contracting Officer. This notification shall occur prior to the proposal submission deadline and shall be made in writing. The notification may be in conjunction with verbal notification, but verbal notification alone shall not be sufficient. The Offeror shall obtain written approval from the Contracting Officer to submit the proposal via an alternate method

Full Text FAR and DFARS Provisions as noted:

52.212‐2 Evaluation—Commercial Products and Commercial Services.

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:

Evaluation—Commercial Products and Commercial Services (Nov 2021)

(a) The Government will award a Single Award IDIQ, with subsequent Task Orders resulting from this combined synopsis/solicitation to the responsible Offeror whose proposal, conforming to this notice, will be the most advantageous, representing the best value to the Government and meets the technical requirements (FAA Title 14 CFR Part 145 Certification for aircraft engines, Rolls‐Royce Corporation Authorized, Maintenance, Repair and Overhaul Center (AMROC) certified facility) as stated in the Attachment 1 ‐Performance Work Statement (PWS). If multiple proposals are received, the Government will award on a lowest price technically acceptable basis to the Offeror meeting the specifications of this combined synopsis/solicitation. The total evaluated price will be the sum of all the CLINs unit quantities multiplied by the contractors per unit price for each CLIN.

Technical acceptability is defined as an Offeror providing proof of Federal Aviation Administration (FAA) Title 14 Code of Federal Regulations Part 145 certification (or equivalent approved by the FAA), proof of Rolls‐Royce Corporation Authorized Maintenance, Repair and Overhaul Center (AMROC) certification, and providing all pricing information, including option year pricing, submitted in accordance with the attached pricing spreadsheet.

The failure of an Offeror to provide information sufficient to determine conformance with the technical requirements and pricing information with the combined synopsis/solicitation may result in the Offeror being ineligible for award.

All Offerors MUST BE IN THE SYSTEM FOR AWARD MANAGEMENT (SAM). Information concerning SAM registration requirements may be viewed via the Internet at https://sam.gov/SAM/.

Going forward, all new entities registering in GSA’s System for Award Management (SAM), as well as existing registrations being updated or renewed, will require the submission of an original, signed notarized letter identifying the authorized Entity Administrator for the entity before the registration will be activated. A Unique Entity Identifier, which is a 12‐character alphanumeric ID, will be assigned to an entity by SAM.gov. It is recommended that all interested parties be aware that processing this additional information may take several days. Therefore, interested parties should be proactive in maintaining the SAM registrations in an “Active” status as the Government cannot award to an entity without an “Active” SAM registration. More information can be found at www.gsa.gov/samupdate.

The Defense Priorities and Allocations System (DPAS) is applicable and the rating is DO‐A1.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.204‐24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment.

As prescribed in 4.2105(a), insert the following provision:

Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

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

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub.

L. 115‐232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

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

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

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

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

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

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

(d) Representation. The Offeror represents that—

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

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

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

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

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

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

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

The following Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) clauses apply to this acquisition. Full Text for clauses indicated by (FT) are included at the end of the clauses list.

FAR 52.203‐3

FAR 52.203‐6 Alternate 1

FAR 52.203‐12

FAR 52.203‐13

FAR 52.204‐13

FAR 52.204‐18

FAR 52.204‐21

FAR 52.209‐1

FAR 52.209‐6

FAR 52.212‐4

FAR 52.212‐5 (FT)

FAR 52.216‐19 (FT)

FAR 52.216‐22 (FT)

FAR 52.217‐8

FAR 52.232‐39

FAR 52.232‐40

FAR 52.245‐9

FAR 52.252‐2 (FT)

FAR 52.252‐6 (FT)

DFARS 252.201‐7000

DFARS 252.203‐7000

DFARS 252.203‐7002

DFARS 252.204‐7003

DFARS 252.204‐7015

DFARS 252.204‐7018

DFARS 252.204‐7020

DFARS 252.204‐7022

DFARS 252.204‐7023

DFARS 252.205‐7000

DFARS 252.217‐7027

DFARS 252.217‐7028

DFARS 252.223‐7008

DFARS 252.225‐7001

DFARS 252.225‐7012

DFARS 252.225‐7043

DFARS 252.225‐7048

DFARS 252.226‐7001

DFARS 252.227‐7015

DFARS 252.227‐7037

DFARS 252.229‐7001

DFARS 252.231‐7000

DFARS 252.232‐7003

DFARS 252.232‐7004 Deviation 2020‐O0010

DFARS 252.232‐7006 (FT)

DFARS 252.232‐7007

DFARS 252.232‐7010

DFARS 252.232‐7017

DFARS 252.237‐7010

DFARS 252.242‐7006

DFARS 252.243‐7001

DFARS 252.243‐7002

DFARS 252.244‐7000

DFARS 252.246‐7003

DFARS 252.246‐7004

DFARS 252.247‐7023

Full Text (FT) for FAR and DFARS Clauses as noted:

All FAR and DFARS Clauses may be viewed in full text by viewing the Federal Acquisition Regulation Site at https://www.acquisition.gov/content/regulations.

52.212‐5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services.

As prescribed in 12.301(b)(4), insert the following clause:

Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Jan 2022)

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

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

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

(3) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(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 and 108‐78 (19 U.S.C. 3805 note)).

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

_X_ (1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

_X_ (2) 52.203‐13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

__ (3) 52.203‐15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111‐5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

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

__ (5) [Reserved].

__ (6) 52.204‐14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111‐117, section 743 of Div. C).

_X_ (7) 52.204‐15, Service Contract Reporting Requirements for Indefinite‐Delivery Contracts (Oct 2016) (Pub. L. 111‐117, section 743 of Div. C).

_X_ (8) 52.209‐6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

_X_ (9) 52.209‐9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219‐3, Notice of HUBZone Set‐Aside or Sole‐Source Award (Sep 2021) (15 U.S.C. 657a).

_X_ (12) 52.219‐4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the Offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (13) [Reserved] __ (14) (i) 52.219‐6, Notice of Total Small Business Set‐Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219‐6.

__ (15) (i) 52.219‐7, Notice of Partial Small Business Set‐Aside (Nov 2020) (15 U.S.C. 644).

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

_X_ (16) 52.219‐8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

_X_ (17) (i) 52.219‐9, Small Business Subcontracting Plan (Nov 2021) (15 U.S.C. 637(d)(4)).

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

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

__ (IV) Alternate III (Jun 2020) of 52.219‐9.

__ (v) Alternate IV (Sep 2021) of 52.219‐9.

__ (18) (i) 52.219‐13, Notice of Set‐Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

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

__ (19) 52.219‐14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637s).

_X_ (20) 52.219‐16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

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

_X_ (22) (i) 52.219‐28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219‐28.

__ (23) 52.219‐29, Notice of Set‐Aside for, or Sole‐Source Award to, Economically Disadvantaged Women‐Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)).

__ (24) 52.219‐30, Notice of Set‐Aside for, or Sole‐Source Award to, Women‐Owned Small Business Concerns Eligible Under the Women‐Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)).

__ (25) 52.219‐32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219‐33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).

_X_ (27) 52.222‐3, Convict Labor (Jun 2003) (E.O.11755).

__ (28) 52.222‐19, Child Labor‐Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).

_X_ (29) 52.222‐21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222‐26, Equal Opportunity (Sep 2016) (E.O.11246).

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

_X_ (31) (i) 52.222‐35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222‐35.

_X_ (32) (i) 52.222‐36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222‐36.

_X_ (33) 52.222‐37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

_X_ (34) 52.222‐40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35) (i) 52.222‐50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.

13627).

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

_X_ (36) 52.222‐54, Employment Eligibility Verification (Nov 2021). (Executive Order 12989). (Not applicable to the acquisition of commercially available off‐the‐shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

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

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

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

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

__ (40) (i) 52.223‐13, Acquisition of EPEAT®‐Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

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

__ (41) (i) 52.223‐14, Acquisition of EPEAT®‐Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223‐14.

__ (42) 52.223‐15, Energy Efficiency in Energy‐Consuming Products (May 2020) (42 U.S.C. 8259b).

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

__ (ii) Alternate I (Jun 2014) of 52.223‐16.

_X_ (44) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

__ (45) 52.223‐20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223‐21, Foams (Jun2016) (E.O. 13693).

_X_ (47) (i) 52.224‐3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224‐3.

__ (48) 52.225‐1, Buy American‐Supplies (Nov 2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225‐3, Buy American‐Free Trade Agreements‐Israeli Trade Act (Nov 2021) ( 41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 n ote, Pub. L. 103‐182, 108‐77, 108‐78, 108‐286, 108‐302, 109‐53, 109‐169, 109‐283, 110‐138, 112‐41, 112‐ 42, and 112‐43.

__ (ii) Alternate I (Jan 2021) of 52.225‐3.

__ (iii) Alternate II (Jan 2021) of 52.225‐3.

__ (iv) Alternate III (Jan 2021) of 52.225‐3.

__ (50) 52.225‐5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

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

2302Note).

__ (53) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229‐12, Tax on Certain Foreign Procurements (Feb 2021).

__ (56) 52.232‐29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232‐30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232‐33, Payment by Electronic Funds Transfer‐System for Award Management (Oct2018) (31 U.S.C. 3332).

__ (59) 52.232‐34, Payment by Electronic Funds Transfer‐Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

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

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

__ (62) 52.242‐5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

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

__ (ii) Alternate I (Apr 2003) of 52.247‐64.

__ (iii) Alternate II (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:

_X_ (1) 52.222‐41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

_X_ (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).

_X_ (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) ( 29U.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).

_X_ (7) 52.222‐55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

_X_ (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 this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause‐

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

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

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

(iv) 52.204‐25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115‐232).

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

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

(vii) 52.222‐26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

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

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

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

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

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

(xiv) 52.222‐51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment‐Requirements (May2014) (41 U.S.C. chapter 67).

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

(xvi) 52.222‐54, Employment Eligibility Verification (Nov 2021) (E.O. 12989).

(xvii) 52.222‐55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan

2022).

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

(xix) (A) 52.224‐3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224‐3.

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

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

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

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

(End of clause)

52.216‐19 Order Limitations.

As prescribed in 16.506(b), insert a clause substantially the same as follows:

Order Limitations (Oct 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $2,000,000.00;

(2) Any order for a combination of items in excess of $3,000,000.00; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

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

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 14 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216‐22 Indefinite Quantity.

As prescribed in 16.506(e), insert the following clause:

Indefinite Quantity (Oct 1995)

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

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the

Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 28 February 2025.

52.252‐2 Clauses Incorporated by Reference.

As prescribed in 52.107(b), insert the following clause:

Clauses Incorporated By Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov/

52.252‐6 Authorized Deviations in Clauses.

As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert "(DEVIATION)" after the date of the clause.

Authorized Deviations in Clauses (Nov 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any DFARS clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

252.232‐7006 Wide Area WorkFlow Payment Instructions.

As prescribed in 232.7004 (b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause— “Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide

Area WorkFlow (WAWF).

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

“Payment request” and “receiving report” are defined in the clause at 252.232‐7003 , Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232‐7003 , Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web‐Based Training Course and use the Practice Training Site before submitting payment requests through WAWF.

Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/

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

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

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost‐type line items, including labor‐hour or time‐and‐materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

____________________TBD________________________________________

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

__________________TBD__________________________________________

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213‐1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC TBD

Issue By DoDAAC TBD

Admin DoDAAC** TBD

Inspect By DoDAAC TBD

Ship To Code TBD

Ship From Code TBD

Mark For Code TBD

Service Approver (DoDAAC) TBD

Service Acceptor (DoDAAC) TBD

Accept at Other DoDAAC TBD

LPO DoDAAC TBD

DCAA Auditor DoDAAC TBD

Other DoDAAC(s) TBD

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”) (**Contracting Officer: If the contract provides for progress payments or performance‐based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216‐7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

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

_____________TBD____________________________________________________

(Contracting…