W519TC24Q2251.pdf

SEE ADDENDUM

(No Collect Calls)

W519TC24Q2251 29-Apr-2024

b. TELEPHONE NUMBER

(309) 782-3360

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 09 May 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W519TC9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MICHAEL E. PEREZ

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W44W9M404301EQ

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ARMY CONTRACTING COMMAND - ROCK ISLAND

3055 RODMAN AVE

ROCK ISLAND IL 61299

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-C9

CODE15. DELIVER TO CODE W44W9M 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

MCALESTER ARMY AMMUNITION PLANT

RECEIVING OFFICER

WAREHOUSE 8

1 C TREE ROAD

MCALESTER OK 74501-9002

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

325199

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF40

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

SOLICITATION NARRATIVE:

1. This is a combined synopsis/solicitation for Di (2-ethylhexyl) Adipate (DOA), prepared in accordance with the format in Federal Acquisition Regulation FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation. Solicitation W519TC-24-Q-2251 is being solicited on an unrestricted basis. However, the successful offeror must adhere to all the terms and conditions of the solicitation.

Qualification procedures are included under this solicitation; however, awardee must be qualified prior to award and award will not be held up waiting for completion of qualification procedures.

2. The NAICS Code for this procurement is 325199 – Other Basic Organic Chemical Manufacturing

3. This procurement is subject to a Qualified Manufacturer List (QML) in accordance with FAR Subpart 9.2 – Qualifications Requirements.

4. The Government shall only consider products available from Table VI of MILDTL-82886A, PBXN-109 Approved Vendors, Di(2-ethylhexyl) Adipate (DOA). Vendors in accordance with specification MIL-DTL-82886A.

Approved Vendors/Manufacturers are:

Vendor: BASF Corporation Product: Plastomoll DOA

Vendor: Eastman Chemical Corporation Product: Eastman DOA Plasticizer

Vendor: Hatco Corporation Hatcol 2908

5. Offerors MUST submit Certificate of Analysis (COA), Certificate of Conformance (COC), and Safety Data Sheet (SDS) with their initial quote submission and each delivery order issued after contract award. Offerors MUST certify in the COA and COC they are providing Di (2-ethylhexyl) Adipate (DOA) from the Approved Vendors/Manufacturers listed above in order to be eligible for award.

6. The Government intends to award one Firm Fixed Price contract for Di (2-ethylhexyl) Adipate (DOA).

7. ASSIST Instructions: The following instructions will provide detailed guidance on how to access this solicitation’s referenced specification(s). The specification(s) may be available on the ASSIST website using your firm’s registered username and password at https://assist.dla.mil/online/start/ in accordance with 52.211-2. If specification(s) are not available to your firm then proceed with the following instructions:

a. Offerors shall be registered with the ASSIST website located at https://assist.dla.mil/online/start/. Apply for registration by following their online instructions.

b. Offerors shall also be certified with the Joint Certification Program website located at http://www.dlis.dla.mil/jcp/. Apply for registration by following their online instruction.

c. Upon receipt of certification from JCP, offerors shall provide the Contract Specialist, Mike Perez, michael.e.perez24.civ@army.mil, with their firm’s JCP-certified contact person’s name and email address.

d. Offerors will receive a copy of the controlled specification forwarded to your firm’s JCP-certified contact person after verification of registration with the ASSIST system and certification within the JCP system.

8. Certificate of Analysis: The offeror shall submit a Certificate of Analysis (COA), Certificate of Conformance (COC), and Safety Data Sheets (SDS) with their quote submission that they will provide Aluminum Powder, Spherical Type IV, in accordance with the MILDTL-82886A Table VI and MIL-DTL-23443C. This analysis must contain the following information:

(i) Must state conformance to MIL-DTL-23443C.

(ii) Manufacturer Name (not distributor)

(iii) Product Name or Description

(iv) National Stock Number (if available). Note: please include all CoA information.

9. Electronic submission of offers is the required method of submission and all proposal documents. All proposal documents shall be sent to Mike Perez, michael.e.perez24.civ@army.mil prior to the solicitation closing date and time.

OFFEROR POC INFORMATION

POC NAME: _________________________________

POC TITLE: __________________________________

POC TELEPHONE: ____________________________

POC EMAIL ADDRESS: _______________________

UEI NUMBER: _______________________________

DUNS NUMBER: _____________________________

CAGE CODE: ________________________________

TAXPAYER ID NUMBER: _____________________

ELECTRONIC QUOTE SUBMISSION:

Quotes may be submitted electronically by email if the solicitation is filled out completely, and signed by an authorized representative, scanned, included as an attachment, and received by the Government procurement office provided in the solicitation. All emailed quotes and attachments shall be in Adobe Acrobat (.pdf) format and the solicitation shall be submitted and received in its entirety along with any amendments including the contractors’ attachments, drawings, or supporting documents by the specified date and time in order to be considered for award.

This instruction takes precedence over any other direction for quote submission. NOTE: Proposals/bids/quotes will NOT be accepted for this solicitation through the SAM website.

INSTRUCTIONS

To insure timely and equitable evaluation of offers, offerors shall insert proposed unit prices and extended prices in ITEM NO (CLIN) 0001. The extended amount must equal the whole dollar unit price multiplied by the number of units. Note: the government does not recognize digits past the hundredths decimal position (.01) when calculating currency figures or summations, so offerors shall adjust computerized calculation software (i.e. Excel) accordingly.

EVALUATION FACTORS:

Award will be made to the vendor who provides the lowest price, meets all the criteria of the solicitation, and is responsible in accordance with FAR 9.1 – Responsible Prospective Contractors.

(END SOLICITATION NARRATIVE)

RFQ DELIVERY SCHEDULE:

CLIN DEL DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 12-JUN-2024 40,800 LBS MCALESTER ARMY AMMUNITION

PLANT

RECEIVING OFFICER

WAREHOUSE 8

1 C TREE ROAD

MC ALESTER OK 74501-9002

FOB: Destination

W44W9M

0001 26-JUN-2024 40,800 LBS [SAME AS PREVIOUS LOCATION]

0001 10-JUL-2024 40,800 LBS [SAME AS PREVIOUS LOCATION]

0001 24-JUL-2024 40,800 LBS [SAME AS PREVIOUS LOCATION]

0001 07-AUG-2024 40,800 LBS [SAME AS PREVIOUS LOCATION]

0001 21-AUG-2024 40,800 LBS [SAME AS PREVIOUS LOCATION]

(END RFQ DELIVERY SCHEDULE)

SITE-SPECIFIC MCAAP GUIDANCE:

CLIN DELIVERY DATE QUANTITY SHIP-TO ADDRESS DODAAC

0001 See FAR 52.211-8 244,800 lbs. McAlester Army Ammunition W44W9M For Delivery Details Plant 1C Tree Road McAlester, OK 74501-5000

CONFORMANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEM – FOR WORK PERFORMED AT

MCALESTER ARMY AMMUNITION PLANT

The Contractor shall perform work under this contract consistent with all applicable federal, state, local requirements and with the relevant policy and objectives identified in McAlester Army Ammunition Plant’s (MCAAP’s) environmental management system (EMS) located at http:www.mcaap.army.mil. The Contractor shall perform work in a manner that conforms to all applicable Environmental Management Programs and Operational Controls identified by the MCAAP EMS, and provide monitoring and measurement information as necessary for the organization to address environmental performance relative to MCAAP’s EMS objectives and goals. In the event an environmental nonconformance or noncompliance associated with the contracted services is identified, the Contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the Contractor shall respond and take corrective action immediately. In violations caused by Contractor negligence, the Contractor shall reimburse the Government for the amount of that fine and all associated costs. The Contractor shall also provide cleanup of any spills, including oil, that result from the Contractor’s operations and report spills to MCAAP’s Environmental Management Office. In the case of a nonconformance, the Contractor shall respond and take corrective action based on the time schedule established by the Environmental Management Office and approved by the Contracting Officer. In addition, the Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the EMS and how these requirements affect their work performed under this contract Prior to commencing work, all on-site Contractors shall provide documentation to the Contracting Officer that any required EPA sponsored environmental training specified for the type of work conducted has been obtained. Upon contract award, and during performance of the contract, the Contracting Officer’s Representative will provide or arrange EMS training for appropriate Contractor staff.

PROHIBITED WITHIN GENERAL CONFINES OF INSTALLATION

The following are prohibited within the general confines of the McAlester Army Ammunition Plant at any time:

(a) Firearms/dangerous weapons

(b) Drugs/intoxicants

(c) Binoculars, cameras, camera equipment, cell phones and PDAs with camera capability (unless authorized by the Security Officer)

(d) Matches, lighters or other fire flame or spark producing devices in designated areas

(e) Gas cans/flammable material storage containers (unless approved by MCAAP Fire Department)

(f) Fireworks without the Commander's approval

(g) Smoking in all buildings, when handling flammable and hazardous materials, in railroad cars, trucks and vans, on warehouse docks and platforms, in open storage containing combustibles, within 50 feet of a gasoline refueling storage or drainage area, where posted signs prohibit smoking.

SECURITY REQUIREMENTS - BADGING

(a) Any foreign nationals without a green card will not be allowed entrance to the installation. Those individuals with a green card must be escorted within the restricted area at all times

(b) Contractors by virtue of contract award will be given access privileges to McAlester AAP. Contractors/Sub- Contractors are required to provide security at McAlester AAP a letter of introduction for company personnel by providing the following: 1) Name; 2) Physical Address (including city and state); 3) Date of Birth; 4) Place of Birth; and 5) Whether or not they are a U.S. Citizen on company letterhead. Photo I.D. will also be required to obtain a security badge. Information shall be provided to McAlester AAP, Security Division, Attn: Ms. Ginger Maxwell, McAlester, OK 74501, ginger.a.maxwell.civ@mail.mil (Applies to contracts that require access to restricted areas)

(c) Each member of the Contractor's work force shall be individually badged at the Security Office in Building 31.

The badge shall be retained and worn by the Contractor's employees throughout the contract period. (Applies to contracts that require access to restricted areas)

(d) Contractor is responsible for the turn-in of all security badges, including sub-contractors badges, daily and upon completion of the contract or termination of individual employees. (Applies to contracts that require access to restricted areas)

(e) Report lost badges to the Security Office and the KO as soon as the loss is discovered. (Applies to contracts that require access to restricted areas)

(f) Be prepared to produce security badges each time entering a security area. Temporary badges for any individual who may have forgotten his/her badge can be obtained from the Security Office. (Applies to contracts that require access in restricted areas).

SECURITY REQUIREMENTS - VEHICLES

(1) TRAFFIC ENFORCEMENT: (a) McAlester AAP traffic laws are enforced by the Law Enforcement and Security Division using Oklahoma state codes. All roads/streets have speed limit signs posted; (b) Traffic violations are adjudicated by the U.S. Magistrate located at McAlester AAP. Court appearances may be requested or mandatory; and (c) Radar is used to enforce traffic speed limits.

(2) INSURANCE: All vehicles entering the installation must possess the minimum insurance as required by the State of Oklahoma.

(3) VEHICLES: (a) Vehicles entering McAlester AAP, whether Contractor-owned or privately owned, shall undergo inspections and may be issued a pass if entering a restricted area. Vehicle permits for restricted areas will be issued for up to 45 days maximum. Each vehicle will be required to carry a fire extinguisher at all times; (b) Company or privately-owned vehicles, when parked, must have ignition keys removed. After duty hours, vehicles left on the installation will be parked outside restricted areas unless otherwise stipulated in the contract. Vehicles or equipment remaining inside restricted areas will be properly secured or immobilized; and (c) Contractor is solely responsible for the removal of incapacitated vehicles or equipment from restricted areas. (d) All vehicles shall be parked at least 20 meters from all buildings unless unloading or loading; and (e) The contractor can expect to be inspected at one or all of the two manned gates. The contractor should expect five to ten minute delays at each gate.

In addition, to get to some of the remote areas, the contractor should expect at least a 15-minute delay both in and out to allow security to open necessary gates.

(4) RESTRICTED AREAS: Any contractor personnel granted access into restricted areas will be subject to vehicle search upon entering or leaving these areas possibility resulting in some delay. Any non-US contractor personnel granted access into restricted areas w ill at all times be escorted by US contractor personnel who have been properly badged and granted access. (Applies to contracts that require work in restricted areas)

RECEIVING OFFICE REQUIREMENT – MCAAP

At the McAlester Army Ammunition Plant truck shipments are accepted at Warehouse 8, Receiving Office, Monday through Thursday (except holidays) from 6:30 A.M. until 3:00 P.M. only. All shipments and deliveries must be at the main gate (truck gate) on or before 3:00 P.M. No shipments will be accepted after 3:00 P.M. unless prior arrangements have been made.

Receiving CLOSED and NOT accepting any deliveries on the following dates:

Monday, February 19, 2024 Washington’s Birthday Monday, May 27, 2024 Memorial Day Wednesday, June 19, 2024 Juneteenth National Independence Day Thursday, July 04, 2024 Independence Day Monday, September 02, 2024 Labor Day Monday, October 14, 2024 Columbus Day Monday, November 11, 2024 Veterans Day Thursday, November 28, 2024 Thanksgiving Day Wednesday, December 25, 2024 Christmas Day

Any deliveries for Thursday afternoons during the months of May and June SHALL BE scheduled in advance by calling 918-420-6695 to verify that deliveries are being accepted that day.

To gain entry to the installation for shipment/delivery, delivery drivers shall have a valid driver's license, residency status documentation (green card) if foreign national, and NO outstanding criminal history. Any other occupants of the delivery vehicle must also meet these requirements.

No shipments will be accepted on government holidays.

Also reference 52.0045-4002 and 52.0045-4003 Security Requirements if needed.

PACKING LIST

To expedite your payment, all shipments under this order shall be accompanied with packing lists or delivery tickets which shall contain the following information:

A. Name of supplier

B. Purchase order number, CLIN, and purchase request number

C. Date of order

D. Itemized list of supplies to include noun name, part number, quantity and unit of issue.

CERTIFICATE OF CONFORMANCE/CERTIFICATE OF ANALYSIS

At time of material shipment, copies of the Certificate of Conformance and Certificate of Analysis for each batch/lot of material shipped are to accompany the shipment. Failure to do so will delay processing of payment to the contractor. The certificate must contain at a minimum the following fields of data:

(a) Manufacturer Name (Materials are qualified by manufacturer not distributor)

(b) Product Name or Description

(c) National Stock Number (If available)

(d) Specification

(e) Lot/Batch Number

(f) Manufacture Date

(g) Expiration/Re-inspection Date

(h) Analytical Data

MARKING INSTRUCTIONS

Mark all correspondence, parcels, packing slips, and invoices with the purchase order number W52P1J-and with the purchase requisition number (see schedule) to ensure prompt and complete payment.

HOURS OF OPERATION – MCAAP

Normal work hours are Monday through Thursday 6:30 A.M. until 5 P.M. Contractors will not be permitted to work on Fridays, Saturdays, Sundays, or legal holidays for any reason, unless otherwise approved by the Contracting Officer. The following legal holidays will be observed:

January 1st 3rd Monday of January Last Monday of May June 20th July 4th 1st Monday of September 2nd Monday of October November 11th 4th Thursday of November December 25th

When one of the designated holidays falls on a Friday or Saturday, holiday will be observed on Thursday. If the holiday falls on a Sunday, holiday will be observed on the following Monday.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 244,800 Pound Di (2-Ethylhexyl) Adipate (DOA)

FFP

Di (2-Ethylhexyl) Adipate (DOA), In Accordance With (IAW) MIL-DTL-82886A and MIL-DTL-23443C Vendor MUST submit Certificate of Analysis (COA), Certificate of Conformance (COC), and Safety Data Sheet (SDS) with initial quotation submittal and, upon award, with each shipment.

The Certificate of Conformance/Analysis must contain at a minimum the following fields of data:

(a) Manufacturer Name (materials are qualified by manufacturer, not distributor)

(b) Product Name or Description

(c) National Stock Number (if available)

(d) Specification

(e) Lot/Batch Number

(f) Manufacture Number

(g) Expiration/Re-inspection Date

(h) Analytical Data

(i) Statement of No Change in Materials or Process

Packaging label at a minimum will include manufacturer name, product name, national stock number, specification, lot/batch number, manufacture date, and expiration date.

Sample may be required for Government review/testing prior to contract award.

Product must be qualified within MIL-DTL-82886A. The Government shall only consider products available from the Table VI PBXN-109 Approved Vendors for Di(2-Ethylhexyl) Adipate (DOA) IAW Specification MIL-DTL-82886A.

DELIVERY AND SHIPPING REQUIREMENTS:

DOA shall be shipped in 55-gallon metal drums.

Metal drums shall be new, palletized, and secured.

Do NOT mix lots on pallets.

52.211-16 Variation in Quantity applies to this solicitation and subsequent award.

The permissible variation shall be limited to 10% increase and 0% decrease..

FOB: Destination

MILSTRIP: W44W9M404301EQ

PURCHASE REQUEST NUMBER: W44W9M404301EQ

PSC CD: 6810

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 21-AUG-2024 244,800 MCALESTER ARMY AMMUNITION

PLANT

RECEIVING OFFICER

WAREHOUSE 8

1 C TREE ROAD

MCALESTER OK 74501-9002

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-17 Delivery of Excess Quantities SEP 1989 52.219-8 Utilization of Small Business Concerns FEB 2024 52.219-9 Small Business Subcontracting Plan SEP 2023 52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes--Fixed Price AUG 1987 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984 52.246-23 Limitation Of Liability FEB 1997 52.247-34 F.O.B. Destination NOV 1991 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.252-2 Clauses Incorporated By Reference FEB 1998 52.252-4 Alterations in Contract APR 1984 52.253-1 Computer Generated Forms JAN 1991 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 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.211-7003 Item Unique Identification and Valuation JAN 2023 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7007 Prohibition on Acquisition of Certain Items from Communist

Chinese Military Companies

DEC 2018

252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic

Enterprises, and Native Hawaiian Small Business Concerns

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 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 and 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) Representations. 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)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

(a) Definitions. As used in this clause--

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

(a) Definitions. As used in this clause--

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)--

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use-

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, "No TikTok on Government Devices" Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

52.209-1 QUALIFICATION REQUIREMENTS (FEB 1995)

(a) Definition: "Qualification requirement," as used in this clause, means a Government requirement for testing or other quality assurance demonstration that must be completed before award.

(b) One or more qualification requirements apply to the supplies or services covered by this contract. For those supplies or services requiring qualification, whether the covered product or service is an end item under this contract or simply a component of an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award of this contract. The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products list, qualified manufacturers list, or qualified bidders list. Offerors should contact the agency activity designated below to obtain all requirements that they or their products or services, or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for qualification.

(Name) (Address)

(c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant information noted below should be provided.

Offeror's Name Manufacturer's Name Source's Name Item Name Service Identification Test Number (to the extent known)

(d) Even though a product or service subject to a qualification requirement is not in itself an end item under this contract, the product, manufacturer, or source must nevertheless be qualified at the time of award of this contract.

This is necessary whether the Contractor or a subcontractor will ultimately provide the product or service in question. If, after award, the Contracting Officer discovers that an applicable qualification requirement was not in fact met at the time of award, the Contracting Officer may either terminate the contract for default or allow performance to continue if adequate consideration is offered and the action is determined to be otherwise in the Government's best interests.

(e) If an offeror, manufacturer, source, product, or service has met the qualification requirement but is not yet on a qualified products list, qualified manufacturers list, or qualified bidders list, the offeror must submit evidence of qualification prior to award of this contract. Unless determined to be in the Government's interests, award of this contract shall not be delayed to permit an offeror to submit evidence of qualification.

(f) Any change in location or ownership of the plant where a previously qualified product or service was manufactured or performed requires reevaluation of the qualification. Similarly, any change in location or ownership of a previously qualified manufacturer or source requires reevaluation of the qualification. The reevaluation must be accomplished before the date of award.

52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

Estimated Delivery Schedule (Subject to change based on actual award date).

12-Jun-24 40,800 lbs 26-Jun-24 40,800 lbs 10-Jul-24 40,800 lbs 24-Jul-24 40,800 lbs

07-Aug-24 40,800 lbs 21-Aug-24 40,800 lbs

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected.