Solicitation Amendment - W15QKN25QA2200003.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

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

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE 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

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

calls)

Solicitation/Contract Form Continuation

Test Stand Safety Platform

Instructions To Offerors

1. Solicitation W15QKN25QA220 is solicited as a Small Business Set Aside.

2. This requirement is subject to the availability of funds in accordance with Federal Acquisition Regulation FAR 52.232-18.

3. This requirement is being solicited, utilizing the procedures set forth in FAR part 12, Acquisitions of Commercial Items.

4. The purpose of this solicitation is to procure a safety platform that meets all Occupational Safety and Health Administration (OSHA), Watervilet Arsenal, and US Army Combat Capabilities Development Command (DEVCOM) Armaments Center - Benet Laboratories safety standards that is designed, fabricated and installed onto the existing test stand structure located in the Breech Fatigue Laboratory without impacting the current operations and mission.

5. The Government intends to award a single, firm-fixed-price (FFP) contract. The period of performance for this effort shall be four months after contract award.

6. The Offeror must be registered in the System for Award Management (SAM) in order to be eligible to receive contract award. If you need to register in SAM, go to https://www.sam.gov/.

7. See FAR clause 52.212-2, "Evaluation -- Commercial Items" and FAR 52.212-2, Addendum for additional information and for evaluation criteria.

8. See FAR provision 52.204-24,"Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment," FAR clause 52.204-25, "Prohibition on Contracting for Certain Telecommunications and Video Surveillance Service or Equipment" and FAR provision 52.204-26, "Covered Telecommunications Equipment or Services-Representation." As a result of interim FAR Rule 2019-0009, published on 14 July 2020, and effective on 13 August 2020, Section 889(a)(1)(B) Prohibition on Contracting with Entities Using Certain Telecommunications and Video Surveillance Services or Equipment Clauses, these provision and clauses are included within this solicitation in full text. When submitting a response to this solicitation, FAR provision 52.204- 24 and FAR provision 52.204-26 shall be completed and included by the Offeror.

9. Questions regarding this solicitation shall be submitted in writing via e-mail no later than 15:00 PM EST on 31 August 2025 to:

Kadeem Edwards Contract Specialist E-mail: kadeem.a.edwards.civ@army.mil

Kim M. Potempa Niedosik Contracting Officer E-mail: kim.m.potempaniedosik.civ@army.mil

10. Questions must specify the section or paragraph of the Statement of Work for which the clarification is desired. Once the question submission period has ended, answers will be provided via e-mail the contractor.

11. The applicable NAICS code - 333923 - Aerial Work Platforms Manufacturing.

12. The applicable PSC is 5450 - Miscellaneous Prefabricated Structures.

Completing A Proposal/Quote For Submittal

a. Quotes/Proposals are due no later than the date and time listed in Standard Form (SF) 1449, Block 8 and shall be submitted via e-mail the Contracting Officer and Contract Specialist.

b. Quoters/Offerors are required to submit a signed Standard Form 1449 (Blocks 30a and 30b) as well as amendments and shall submit a price for each FFP CLIN for the base period and shall submit a price for each FFP Contract Line Item Number (CLIN) for the base period - General information and Section B (CLIN). In addition, the contractor shall sign and acknowledge any potential resulting amendments to this solicitation. In doing so, the offeror accedes to the contract terms and conditions as written in the Solicitation.

c. As a reminder, prior to the award of the contract, the Awardee will be required to submit a valid Certificate of Insurance, as the prime contractor, in accordance with the requirements and applicable insurance amounts specified in FAR 52.228-5, 'Insurance - Work on a Government Installation,' and the "Insurance Requirements' section of the solicitation.

HQ AMC - Level Protest Program

W15QKN25QA2200003

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods.

as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protest must be filed within the periods specified in FAR 33.103. Send protests (other than protests to the contracting officer) to:

Address:

Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm:A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840 Email: usarmy.redstone.usamc.mbx.protests@mail.mil

The AMC-level protest procedures are found at: Web Address:

http://www.amc.army.mil/amc/commandcounsel.html If Internet access is not available contracting officer or HQ, AMC to obtain the AMC-Level Protest Procedures.

DISCLOSURE OF UNIT PRICE INFORMATION

This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23, 1987), of our intention to release unit prices in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the contracting officer is notified of your objection to such posting prior to submission of initial proposals.

The following Contract Clause is also Incorporated by Reference:

1) 52.204-26 Covered Telecommunications Equipment or Services-Representation. (October 2020)

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Test Stand Safety Platform

Product Service Code: 5450 Pricing Arrangement: Firm Fixed Price

1 Each

Contract Data Requirements List

Product Service Code: 5450 Pricing Arrangement: Firm Fixed Price

1 Data Records

Additional Descriptive Data:

A001- Commercial Off-The-Shelf (COTS) Manual

A002- Certificate of Compliance

A003- Report, Record of Meeting Minutes

A004- Post Training and Operations Report

Continuation of Description

Statement of Work Test Stand Safety Platform

1.0. Safety Platform Requirements

1.1. The contractor shall include the following specifications in the Test Stand Safety Platform:

1.2. Hardware

1.2.1. Shall attach to and integrate with existing test stand structure without restricting structure movement.

1.2.2. Shall include attached vertical ladder.

1.2.3. Shall include safety swing gate at top of ladder.

1.2.4. Shall include Perf-O Grip safety grating (or equivalent non-slip grating).

1.2.5. Shall include handrails with integrated kickplate system that incorporates removeable sections for easy ingress and egress of large objects being lifted by a crane.

1.2.6. Shall include moveable grating above Material Testing System (MTS) hammer weight. This high work platform structure shall be surrounding a center feature of a machine to allow for maintenance. The center portion of this high work platform structure shall have an opening of approximately 3 feet by 6 feet to allow access to the machine's components

1.2.7. Shall include one electronic copy and one hard copy of the design drawing package. The contractor shall deliver any supporting user and/or technical manuals that are part of the high work platform structure. These manuals, which shall be validated and verified In Accordance With (IAW) the contractor's standards, shall provide instructions regarding the proper high work platform structure operation and high work platform structure maintenance.

1.2.8. Minimum load capacity shall not be less than 2,000 lbs.

1.2.9. The high work platform structure shall comply with noise limits for no hearing protection or for hearing protection (single or double) for steady state noise IAW MIL-STD-1474E.

1.2.10. The high work platform structure shall possess controls, displays, and labeling consistent with Human Factors Engineering (HFE) design criteria/guidance for safe, effective (e.g. accurate), and efficient (e.g. timely) use by human operators and maintainers (wearing clothing necessary both for the job duties and for the work environment) IAW MIL-STD-882E and either MIL-STD-1472G or commercial HFE/usability design guidelines and criteria.

NOTE 1: The test stand assembly has large components that need to be serviced periodically. As such, the high work platform structure must operate in conjunction with the existing structure as identified above (section 1.1) to allow for planned movement of large components with an overhead crane. Movement of the test structure is limited due to the surrounding building and control room. The safety platform must not extend past a designated location that would impact the test facility. Photographs of the test stand will be taken and can be provided to the contractor following the kickoff meeting. Drawings of the current test stand will be provided 'for reference only'. The contractor is required to obtain their own measurements for design purposes.

NOTE 2: Benet Industrial Hygiene Officers and Safety Officers may observe the installation and conduct a Workplace Ergonomics Evaluation and Safety Inspections to asses work envelope acceptability, musculoskeletal risks, noise levels, fumes/vapors, lighting, safety features, the salience of various alerts and alarms, access to components for maintenance, the salience of any data and information displayed, and both electrical and mechanical hazards.

2.0. Written Deliverables

2.1. The contractor shall submit the following written program deliverables:

2.1.1. Kickoff Meeting Minutes - IAW DI-ADMIN-81505 (CDRL A003)

2.1.2. Platform Design Drawing Package

2.1.3. Platform Fabrication and Delivery Schedule

2.1.4. Platform Installation Schedule and Requirements

2.1.5. Certificate of Compliance - IAW DI-MISC-81356A (CDRL A002)

2.1.6. Instruction Manuals - IAW DI-TMSS-80527C (CDRL A001)

2.1.7. Technical Manuals - IAW DI-TMSS-80527C (CDRL A001)

3.0. Meetings: On-site at a Government Facility - IAW DI-ADMIN-81505 (CDRL A003)

3.1. The contractor shall conduct the kick-off meeting at Weapons and Software Engineering Center (WSEC) Benet Laboratories located at the Watervliet Arsenal, NY.

3.2. Prior to the meeting the contractor shall, in conjunction with the Benet Technical Point of Contact (POC), prepare and submit a draft agenda for review and approval.

3.3. During the meeting the contractor shall record meeting minutes and shall provide a copy of the meeting minutes to meeting attendees.

3.4. The contractor shall supply a schedule that includes dates detailing completion of design, fabrication of parts, delivery of components, and installation no later than two weeks following the completion of the kickoff meeting.

4.0. Platform Design / Schedule

4.1. The contractor shall provide electronic copies of the design drawing package to the Technical POC no later than six weeks following the kickoff meeting. A minimum review period of five business days will be allowed for Technical POC to provide comments on the proposed design package and ensure all requirements listed in section 1.1 are met.

4.2. The contractor shall provide electronic copies of finalized, certified drawings no later than two weeks following receipt of comments.

4.2.1. All drawings shall be signed off by a certified professional engineer. Hard copies of all documentation, including drawing package, certifications, and warranties, for the safety platform will be provided at the time of delivery.

5.0. Platform Fabrication

5.1. The contractor shall fabricate (or purchase) all high work platform structure components and equipment at their site prior to shipment to Benet Labs. All components shall be in accordance with all applicable safety standards and the approved design.

6.0. Platform Delivery

6.1. The contractor shall securely pack all system components for shipping in accordance with best commercial practices.

6.2. The contractor shall arrange for suitable transportation of all safety platform components to Watervliet Arsenal. All necessary system components shall be scheduled to arrive on the same day to minimize impact on the test lab.

7.0. Platform Installation

7.1. The contractor shall perform all the necessary actions to integrate the high work platform structure hardware with the existing structure.

7.2. The contractor shall work with WSEC Benet Laboratories designated personnel to install the high work platform structure equipment to the existing test stand structure in accordance with the approved design.

8.0. Platform Performance

8.1. The contractor shall be responsible for providing all certifications and performing any required testing on the high work platform structure.

8.2. The contractor shall furnish Benet Labs representatives with a Certificate of Compliance - IAW DI-MISC-81356A (CDRL A002).

8.2.1. Benet Labs representatives reserve the right to examine the high work platform structure to ascertain the presence of all specified features, markings, and safety devices.

8.2.2. During the course of acceptance inspection, if deficiencies are disclosed which cannot be satisfactorily corrected, acceptance will be withheld, and the contractor shall be required to take corrective actions.

9.0. Government Furnished Equipment/Material

9.1. The Government will provide the following Government Furnished Equipment (GFE), Government Furnished Material (GFM), facilities and personnel.

9.1.1. Benet/Watervliet Arsenal facilities to host high work platform structure equipment

9.1.1.1. Overhead 10-ton crane (if required)

9.1.2. Benet test stand drawing (for reference only)

9.1.3. Benet test stand photographs

9.1.4. Benet installation support personnel

10.0. Period of Performance

10.1. The period of performance shall be four months from date of award.

11.0. Warranty

11.1 The vendor shall offer a standard commercial warranty on the high work platform structure (labor, parts, and materials), guaranteeing against defects in equipment and workmanship for a period of one (1) year from the date of completion of the installation.

12.0. (U) SECURITY REQUIREMENTS

12.1. The high work platform structure, all its components, and drawings shall be delivered to:

Name: Scott Lobdell

Organization: WSEC Benet Laboratories

Address: 1 Buffington St

FCDD-ACW-BC

Watervliet, NY 12189

Email: scott.k.lobdell.civ@army.mil

COM / DSN Phone: 520-673-6089

(U) The highest security classification level for this effort is UNCLASSIFIED.

13.0. General Information:

14.0. Security Requirements:

14.1. All contractor employees, including subcontractor employees, requiring access to Department of Defense installations, facilities, or controlled access areas shall complete Antiterrorism (AT) Level I awareness training within 45 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies and within 12 months prior to travel outside of the US, then annually thereafter.

The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the Contracting Officer's Representative (COR) (or to the contracting officer, if a COR is not assigned) within 14 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: https://jkodirect.jten.mil/ for Common Access Card (CAC) holders (Course number "-US007"). Non-CAC-holders may go to: https://jko.jten.mil/courses/AT-level1/launch.html IAW DI-MGMT-81862 Tailored (CDRL A004)

14.2. All contractor employees, including subcontractor employees, shall comply with all installation and facility access and local security policies and procedures (provided by the Government representative), and security/emergency management exercises. The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office. Contractor workforce must comply with all personal identity verification requirements Title 48 (Code of Federal Regulations (CFR) section 52.204-9, Personal Identity Verification of Contract Personnel) as directed by Department of Defense (DoD), Headquarters, Department of the Army (HQDA) and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. During FPCONs Charlie and Delta, services/installation access may be discontinued/postponed due to higher threat. Services will resume when FPCON level and or threat is reduced to an acceptable level as determined by the Installation Commander.

Contractor personnel working on an installation are required to participate in the Installation Random Antiterrorism Measures Program as directed.

Contractors may be subject to and must comply with vehicle searches, wearing of Identification (ID) badges, etc. Failure to comply with policies and procedures could result in barred access onto the installation.

14.3. The contractor and all associated subcontractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity Antiterrorism Officer). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 45 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR No later than (NLT) 60 calendar days after contract award. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR (or to the contracting officer, if a COR is not assigned) within 14 calendar days after completion of training by all employees and subcontractor personnel."

Slides available to COR at https://www.milsuite.mil/book/docs/DOC-284984 IAW DI-MGMT-81862 Tailored (CDRL A004)

14.4. Contractor and all associated subcontractor employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (Army Directive 2014-05/Army Regulation (AR) 190-

13); applicable installation, facility and area commander installation and facility access and local security policies and procedures (provided by Government representative); or, at Outside of the Continental United States (OCONUS) locations, in accordance with status-of-forces agreements and other theater regulations.

14.5. Defense Federal Acquisition Regulation Supplement (DFARS) Clause 252.225-7048, Export-Controlled Items applies to this effort. All documents determined to contain export controlled technical data will be marked with the following notice: WARNING - This document contains technical data whose export is restricted by the Arms Export Control Act (Section 2751 of Title 22, United States Code) or the Export Control Reform Act of 2018 (Chapter 58 Sections 4801-4852 of Title 50, United States Code). Violations of these export laws are subject to severe criminal penalties.

Disseminate in accordance with provisions of DoD Directive 5230.25 and DoD Instruction 2040.02.

14.6. Per AR 530-1 (or 32 CFR Part 117), an Operations Security (OPSEC) review is required prior to all public releases. All government information intended for public release by a contractor will undergo a government OPSEC review prior to release.

Requirements Test Stand Safety Platform

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: See SOW Paragraph 8.2.2.

DoDAAC: W16H1F CountryCode: USA

W0K9 OSC WVA-STOCK RECORD ACCT

1 BUFFINGTON ST BLDG 35, WATERVLIET NY 12189-4050

WATERVLIET, NY 12189-4050

UNITED STATES

Scott Lobdell Email: scott.k.lobdell.civ@army.mil Telephone: 5206736089

Continuation of Deliveries or Performance

Delivery Month Delivery Month Sep 2025

Party to Pay Transportation Cost: Government

Point Type: Destination

Line Item Delivery Schedule Quantity Address and POC Special Handling/Notes

Delivery Month Delivery Month Sep 2025

1 Each Place of Performance DoDAAC: W16H1F CountryCode: USA

W0K9 OSC WVA-STOCK RECORD ACCT

1 BUFFINGTON ST BLDG 35, WATERVLIET

NY 12189-4050

WATERVLIET, NY 12189-4050

UNITED STATES

Scott Lobdell Email: scott.k.lobdell.civ@army.mil Telephone: 5206736089

FoB Details

Party to Pay Transportation Cost:

Government

Point Type: FoB Point

1 Data Records

FoB Details

Party to Pay Transportation Cost:

Government

Point Type: FoB Point

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.233-3 Protest after Award. Aug 1996

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.246-7003 Notification of Potential Safety Issues. Jan 2023 252.247-7023 Transportation of Supplies by Sea. Oct 2024 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023 252.225-7001 Buy American and Balance of Payments Program. Feb 2024

DFARS Clauses Incorporated by Full Text

252.211-7003 Item Unique Identification and Valuation. (Jan 2023)

ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

(a) Definitions. As used in this clause-

"Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

"Concatenated unique item identifier" means-

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

"Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO) /International Electrotechnical Commission (IEC) 16022.

"Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

"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.

"DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

" Enterprise " means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

" Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing agency.

"Government's unit acquisition cost" means-

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.

"Issuing agency" means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

"Issuing agency code" means a code that designates the registration (or controlling) authority for the enterprise identifier.

"Item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

" Lot or batch number" means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

"Machine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

"Original part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

"Parent item" means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

"Serial number within the enterprise identifier" means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

"Serial number within the part, lot, or batch number" means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

"Serialization within the enterprise identifier" means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

"Serialization within the part, lot, or batch number" means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

"Type designation" means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

"Unique item identifier" means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

"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.

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(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

(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

(If items are identified in the Schedule, insert "See Schedule in this table.)

(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 ____.

(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 ____.

(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology - International symbology specification - Data matrix; ECC200 data matrix specification.

(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that-

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology - EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology - Transfer Syntax for High Capacity Automatic Data Capture Media.

(5) Unique item identifier.

(i) The Contractor shall-

(A) Determine whether to-

(1) Serialize within the enterprise identifier;

(2) Serialize within the part, lot, or batch number; or

(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.

(ii) The issuing agency code-

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) Enterprise identifier (if concatenated unique item identifier is used).

(5) Original part number (if there is serialization within the original part number).

(6) Lot or batch number (if there is serialization within the lot or batch number).

(7) Current part number (optional and only if not the same as the original part number).

(8) Current part number effective date (optional and only if current part number is used).

(9) Serial number (if concatenated unique item identifier is used).

(10) Government's unit acquisition cost.

(11) Unit of measure.

(12) Type designation of the item as specified in the contract schedule, if any.

(13) Whether the item is an item of Special Tooling or Special Test Equipment.

(14) Whether the item is covered by a warranty.

(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:

(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.

(2) Unique item identifier of the embedded subassembly, component, or part.

(3) Unique item identifier type.**

(4) Issuing agency code (if concatenated unique item identifier is used).**

(5) Enterprise identifier (if concatenated unique item identifier is used).**

(6) Original part number (if there is serialization within the original part number).**

(7) Lot or batch number (if there is serialization within the lot or batch number).**

(8) Current part number (optional and only if not the same as the original part number).**

(9) Current part number effective date (optional and only if current part number is used).**

(10) Serial number (if concatenated unique item identifier is used).**

(11) Description.

** Once per item.

(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 (fill in) ____, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.

(g) Subcontracts. If the Contractor acquires by subcontract, any item(s) for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial products or commercial services.

(End of clause)

252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"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) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

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

(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) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

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

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.

WAWF for this contract or task or delivery order:

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

(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.

COMBO

(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.

(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 financing, submit a commercial 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) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.

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 HQ0490

Issue By DoDAAC W15QKN

Admin DoDAAC W15QKN

Inspect By DoDAAC W15BW9

Ship To Code W16H1F

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*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) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(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.

Agnes Rizzuto agnieszka.m.rizzuto.civ@army.mil

(Contracting Officer: Kim M. Potempa Niedosik kim.m.potempaniedosik.civ@army.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services

FAR Clauses Incorporated by Full Text

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

(Jan 2025)

Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2025)

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889 (a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 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:

[Contracting Officer check as appropriate.]

[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.

4655).

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

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

[ ] (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).

[X] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

[ ] (6) [Reserved].

[ ] (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

[ ] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

[ ] (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

[ ] (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115-390, title II).

[ ] (11)

(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).

[ ] (ii) Alternate I (Dec 2023) of 52.204-30.

[ ] (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) (31 U.S.C. 6101 note).

[ ] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

[ ] (14) [Reserved].

[ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

[ ] (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

[ ] (17) [Reserved]

[X] (18)

(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.

[ ] (19)

(i) 52.219-7, Notice of Partial Small Business…