W56HZV-21-R-L115 CANNON MAINT RFP.pdf

W56HZV-21-R-L115

Combined Synopsis and Solicitation

W56HZV21RL115

Cannon Equipment Calibration and Maintenance

I. INTRODUCTION

A. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

quotations are being requested and a written solicitation will not be issued.

B. The combined synopsis and Request for Quotation (RFQ) number is:

W56HZV21RL115

C. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-06, (12 July 2021).

D. Small Business Set-Aside: NO

E. Posting Date: 01 September 2021

F. Response Date: 07 September 2021 at 4:00PM Eastern

G. Contracting Office: Army Contracting Command – Detroit Arsenal (ACC-DTA)

6501 E. Eleven Mile, Detroit Arsenal, MI 48397.

Contract Specialist: Mathew Stocker, email: mathew.m.stocker.civ@mail.mil

H. The NAICS code applicable to this acquisition is 334513 with a size standard of 750 employees. Offeror must be certified under this NAICS code prior to receiving an award.

This solicitation will result in only one (1) award.

I. This Combined Synopsis Solicitation contains clauses and provisions requiring a fill-in or representation. Offeror shall submit a copy of this Combined Synopsis Solicitation with their quote and respond to these clauses and provisions accordingly. A failure to complete these fill-ins may cause your offer to be determined ineligible for award.

J. Basis for award- The proposed contract action is for supplies or services for which the Government intends to solicit and negotiate with only one source under the authority of 10 U.S.C. 2304(c)(1) and 41 U.S.C. 253(c)(1) as implemented by FAR

13.106-1(b)(1). Interested persons may identify their interest and capability to respond to the requirement or submit proposals before the closing date of this solicitation. A determination by the Government not to compete this proposed contract based upon responses to this notice is solely within the discretion of the

Government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P263_45123 mailto:mathew.m.stocker.civ@mail.mil

II. GENERAL REQUIREMENT

A. The U.S. Army Petroleum Laboratory in New Cumberland, PA has a requirement for

Cannon Lab Equipment Maintenance in accordance with the scope of work in section

C. Please refer to the individual line items in the text within the document.

B. This acquisition is unrated under the Defense Priorities and Allocations System (DPAS).

C. Offers must be received by ACC-DTA no later than 4:00 PM Eastern Time on 07

September 2021. Offers only accepted by email. Email offers to mathew.m.stocker.civ@mail.mil. Offeror must be registered in System for Award

Management (SAM) prior to receiving an award. Refer to website https://www.sam.gov/.

D. Questions are requested via email ONLY and addressed to Mathew Stocker, email:

mathew.m.stocker.civ@mail.mil.

Section A - Solicitation/Contract Form

SECITON A NARRATIVE:

A.1 ACKNOWLEDGEMENT OF AMENDMENTS

Acknowledge all the amendments received from the Government by identifying the amendment number and its issue date below:

Amendment Number: Date:

A.2 ARMY CONTRACTING COMMAND – DETROIT ARSENAL (DTA) OMBUDSPERSON

Information regarding the Ombudsperson for this contract is located at the following website:

https://www.tacom.army.mil/ombudsperson. (Best viewed using Google Chrome or Microsoft Edge)

A.3 ALL OR NONE-COMMERCIAL ITEM ACQUISITION

(a) This provision serves as an addendum that modifies paragraph (h) of FAR 52.212-1, entitled

INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS. Paragraph (h) is modified to say that the proposal or quote must offer to provide the total quantity of the items in this solicitation.

(b) Only one award will be made as a result of this solicitation. Offers submitted for less than the total quantities of all the items in this solicitation will NOT be considered for award.

A.3 NOTICE OF ELEVATED THREAT LEVEL FORCE PROTECTION CONDITION (FPCON)

Contractor is hereby notified that there is a potential impact on contractor performance on during increased FPCON during periods of increased threat. During FPCONs Charlie and Delta, services may be discontinued / postponed due to higher threat. Services will resume when FPCON level is reduced to mailto:mathew.m.stocker.civ@mail.mil https://www.sam.gov/ mailto:mathew.m.stocker.civ@mail.mil https://www.tacom.army.mil/ombudsperson level Bravo or lower.

A.4 NOTICE OF RANDOM ANTITERRORISM MEASURES PROGRAM (RAMP)

In accordance with AR 525-13, Contractor personnel working on an Army installation, arsenal, base or other DoD facility (owned or leased by DoD/Department of the Army), are subject to participation in

Installation RAMP security program (e.g. vehicles searches, wearing of ID badges, etc).

Section B - Supplies or Services and Prices

ITEM

NO

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Calibration and Preventative Maint- Base

FFP

Calibration and preventative maintenance on the Cannon lab equipment in accordance with the Performance Work Statement (PWS).

FOB: Destination

PURCHASE REQUEST NUMBER: 0011656536

PSC CD: J066

NET AMT

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

Contract Data Requirements List (CDRL)

FFP

The contractor shall deliver the CDRL specified in the Performance Work

Statement.

NET AMT Not Separately Priced

(NSP)

See Exhibit A

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

A001 1 Job Maintenance Service Report

FFP

FOB: Destination

NET AMT NSP

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

1001 1 Job OPTION Calibration and Preventative Maint- OY 1

FFP

Calibration and preventative maintenance on the Cannon lab equipment in accordance with the Performance Work Statement (PWS).

SUPPLIES/SERVIC

ES

QUANTITY UNIT UNIT PRICE AMOUNT

1002 1 Job OPTION Calibration and Preventative Maint- OY 2

FFP

Calibration and preventative maintenance on the Cannon lab equipment in accordance with the Performance Work Statement (PWS).

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

Cannon Maintenance/Calibration

Part 1

General Information

1. GENERAL: This is a non-personnel services contract to provide the Army Petroleum Laboratory

(APL) located in New Cumberland, Pennsylvania with calibration and preventive maintenance (PM) services on the equipment listed in section 1.3. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn is responsible to the Government.

1.1 Description of Services and Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items as well as non-personal services necessary to perform calibration, and PM services on 15 laboratory instruments as defined in this

Performance Work Statement (PWS). The contractor shall perform to the standards in this contract.

1.2 Background: The instruments to be serviced are manufactured and distributed by Cannon Instrument

Company, 2139 High Tech Rd, State College, PA 16803. Cannon Instrument Co. is the only qualified service source available for the listed equipment, with qualified personnel to perform requested services.

Not performing maintenance by qualified personnel could result in equipment damage and possible cost of equipment replacement

1.3 Objectives: The contractor shall provide for Annual Onsite Calibration and Maintenance Services for the following equipment:

Cannon Automatic Viscometer, CAV-2000 S/N 5427-A4804

Cannon Mini Automatic Viscometer, MiniAV-X S/N 2231-A3214

Cannon Cold Cranking Simulator, CCS-2100 S/N 3510-A3107

Cannon High Temp High Shear, HTHS S/N 2031-A4006

Cannon Mini Rotary Viscometer, CMRV-4500 S/N 5107-A4066

Tanaka Carbon Residue Tester, ACR-6 S/N 55425

Tanaka Automatic Distillation Tester, AD-7 S/N 53379

Tanaka Automatic Distillation Tester, AD-7 S/N 53378

Tanaka Automatic Distillation Tester, AD-7 S/N 53377

Tanaka Automatic Distillation Tester, AD-7 S/N 53372

Tanaka Automatic Distillation Tester, AD-7 S/N 53660

Tanaka Automatic Distillation Tester, AD-7 S/N 53288

Tanaka Automatic Distillation Tester, AD-7 S/N 53291

Tanaka Automatic Distillation Tester, AD-7 S/N 53292

Tanaka Automatic Distillation Tester, AD-7 S/N 53294

1.4 Scope: This contract is to provide, calibration, service, and PM on the equipment listed in 1.3. The contract includes travel and labor. The contractor shall perform the following Specification

Requirements:

1.4.1 The contractor shall perform one annual scheduled visit to calibrate and perform annual maintenance on the equipment in 1.3 as defined in the certified reference material.

1.4.2 The contractor shall provide certificate of conformance, which is a sticker on the machine or instrument with date inspected.

1.4.3 The contractor shall conduct calibration using the certified calibration standard identified by the machine and instrument manuals.

1.4.4 The contractor will provide on line support resources from the customer response center by factory-trained specialists for the duration of the contract.

1.4.5 The contractor will provide full phone technical support with a call back within four hours for the duration of the contract.

1.4.6 The contractor will provide service history tracking for the duration of the contract.

1.5 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and two (2) 12-month option years. The Period of Performance reads as follows:

Base Year 29 SEPT 2021 – 28 SEPT 2022

Option Year I 29 SEPT 2022 – 28 SEPT 2023

Option Year II 29 SEPT 2023 – 28 SEPT 2024

1.6 General Information

1.6.1 Quality Control The contractor shall provide a written report to the Contracting Officer

Representative (COR) within 14 days of any preventative maintenance or calibration visit in accordance with CDRL A001. The report shall describe all work accomplished during the visit. After annual calibration a sticker shall be affixed to the instrument showing date calibrated and next calibration due date.

1.6.2 Quality Assurance: The Government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 Recognized Holidays: The contractor is not required to work on the holidays listed below.

New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

Juneteenth

1.6.4 Hours of Operation: The contractor is responsible for conducting business, between the hours of

07:00 through 16:30 Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the workforce are essential

1.6.5 Place of Performance: The contractor shall perform the work described in this PWS at US ARMY

Petroleum Laboratory 5085 U Avenue, Bldg. 85-3, New Cumberland, PA 17070. There are no restrictions on the location from which the phone support will be provided.

1.6.6 Type of Contract: The Government will award a Firm Fixed Price (FFP) contract.

1.6.7 Security Requirements: See applicable security clauses. Base access shall be coordinated with

New Cumberland Depot security personnel and coordinated through the COR.

1.6.7.1 PHYSICAL SECURITY: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.8 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The

COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance:

maintain written and oral communications with the contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor contractor's performance and notifies both the Contracting Officer and contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.9 Key Personnel: The follow personnel are considered key personnel:

Contract Manager

Alternate Contract Manager

The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between

07:00 – 16:00, Monday thru Friday except Federal holidays or when the Government facility is closed for administrative reasons. The contractor shall notify the Contracting Officer of any changes to key personnel.

1.6.10 Organizational Conflict of Interest: The contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such

OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the

Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.

Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered but may include non-physical things such as meeting minutes.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS.

When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Is defined as Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative

AFARS Army Federal Acquisition Regulation Supplement

AR Army Regulation

CCE Contracting Center of Excellence

CFR Code of Federal Regulations

CONUS Continental United States (excludes Alaska and Hawaii)

COR Contracting Officer Representative

COTR Contracting Officer's Technical Representative

COTS Commercial Off the Shelf

DA Department of the Army

DD250 Department of Defense Form 250 (Receiving Report)

DD254 Department of Defense Contract Security Requirement List

DFARS Defense Federal Acquisition Regulation Supplement

DMDC Defense Manpower Data Center

DOD Department of Defense

FAR Federal Acquisition Regulation

HIPAA Health Insurance Portability and Accountability Act of 1996

KO Contracting Officer

OCI Organizational Conflict of Interest

OCONUS Outside Continental United States (includes Alaska and Hawaii)

ODC Other Direct Costs

PIPO Phase In/Phase Out

PM Preventive Maintenance

POC Point of Contact

PRS Performance Requirements Summary

PWS Performance Work Statement

QA Quality Assurance

QAP Quality Assurance Program

QASP Quality Assurance Surveillance Plan

QC Quality Control

QCP Quality Control Program

TE Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services N/A

3.2 Facilities N/A

3.3 Utilities N/A

3.4 Equipment N/A

3.5 Materials N/A

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract.

4.2 Secret Facility Clearance N/A

4.3. Materials The contractor shall provide all materials required to perform work under this contract.

4.4. Equipment The contractor shall provide all equipment required to perform work under this contract.

PART 5

SPECIFIC TASKS

5. Specific Tasks:

5.1. Basic Services. The contractor shall provide the Army Petroleum Laboratory (APL) located in New

Cumberland, Pennsylvania with onsite preventive maintenance (PM), calibration, and repair on all instruments listed in section 1.3.

5.1.1 MAINTENANCE AND CALIBRATION: The contractor shall perform annual preventative maintenance and calibration on instruments in section 1.3 as required by the instrument manual.

5.1.1.1 The contactor shall supply all labor and equipment to perform preventative maintenance and calibration onsite. The contactor shall produce a certificate of conformance whenever the maintenance and calibration is performed.

5.1.1.2 The contractor shall calibrate the instrument using the manufacturer’s specification that can be traced back to primary standards.

PART 6

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures as listed:

6.1.1-Cannon Automatic Viscometer (CAV-2000)

6.1.1.1 Instruction & Operation Manual P/N 61.3432

6.1.1.2 Installation & Setup Guide P/N 61.3434

6.1.2-Cannon Automatic Viscometer (MiniAV-X)

6.1.2.1 Instruction & Operation Manual P/N 81.2264

6.1.3-Cannon Cold Cranking Simulator (CCS-2100)

6.1.3.1 Instruction & Operation Manual P/N 75.9987

6.1.4-Cannon High Temp High Shear (HTHS)

6.1.4.1 Instruction & Operation Manual P/N 80.4993

6.1.5-Cannon Mini Rotary Viscometer (CMRV-4500)

6.1.5.1 Instruction & Operation Manual P/N 52.9993

6.1.6-Tanaka Scientific Carbon Residue Tester (ACR-6)

6.1.6.1 Instruction Manual Ver 1.02 010509

6.1.6.2 Maintenance Manual Ver 2.01 051202

6.1.7- Tanaka Scientific Automatic Distillation Tester (AD-7)

6.1.7.1 Instruction Manual Ver 3.12CSO 140704

6.1.7.2 Maintenance Manual Ver 3.1CSP 110331

TECHNICAL EXHIBIT 1

Performance Requirements Summary

Performance Objective

Standard Performance Threshold Method of

Surveillance

PRS # 1.

Contractor shall analyze the instruments listed in section 1.3 for proper operation, repair any malfunctioning equipment, and calibrate to manufacturer standards.

PWS Para 5.2.1

Applicable manual from section 6.1 Within Standards set in the User manual.

100%

Inspection

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To

The contactor shall provide a certificate of conformance whenever repairs/maintenance is performed .

Within 14 days of repair/maintenance

1 Electronic file by e-mail as an MS Word attachment.

COR

The contactor shall provide a certificate of conformance and an instrument sticker whenever calibration is performed

Within 14 days of calibration.

1 Electronic file by e-mail as an MS Word attachment

COR

SECTION C NARRATIVE:

C.1 iWATCH TRAINING

The contractor and all associated subcontractors shall brief all employees on the local iWATCH program

(training standards provided by the requiring activity Anti-Terrorism Officer (ATO)). This locally 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, if assigned, or the Contracting Officer. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees’ commencing performance, with the results reported to the COR, or Contracting Officer, no later than 45 calendar days after contract award. Training may be obtained at http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx.

http://www.myarmyonesource.com/familyprogramsandservices/iwatchprogram/default.aspx

C.2 REQUIREMENT FOR AN OPSEC STANDING OPERATION PROCEDURE/PLAN

(a) The contractor is subject to provisions of the TACOM LCMC OPSEC Standing Operating Procedures

(SOP/Plan), or other U.S. Government OPSEC plan, per AR 530-1, Operations Security. This SOP/Plan specifies the government’s critical information, why it needs to be protected, where it is located, who is responsible for it, and how to protect it.

(b) The contractor will receive a copy of the SOP/Plan at time of award. Local form STA Form 7114 (or similar) will be used to document and record security OPSEC reviews which are conducted by G2, TACOM LCMC or individual organizations supporting OPSEC Officers.

(c) The contractor shall identify an individual who will be an OPSEC Coordinator. The contractor will ensure that this individual is OPSEC Level I.

C.3 OPSEC TRAINING REQUIREMENT

Per AR 530-1, Operations Security, new contractor employees must complete Level I OPSEC training within 30 calendar days of reporting for duty. All contractor employees must complete annual OPSEC awareness training. OPSEC awareness training is available at:

https://securityawareness.usalearning.gov/opsec/index.htm. Within 10 days of completing the training, the Contractor shall provide certificates/proof of completion to the Contracting Officer’s Representative

(COR), if assigned to the contract, or the Procuring Contracting Officer (PCO).

https://securityawareness.usalearning.gov/opsec/index.htm

Section E - Inspection and Acceptance

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

0002 N/A N/A N/A N/A

A001 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

/ CAGE

0001 POP 29-SEP-2021 TO

28-SEP-2022

N/A CCDC - GROUND VEHICLE SYSTEMS

CENTER

PAULINE KLINE

5085 U AVE.

NEW CUMBERLAND PA 17070-5083

717-770-6511

W91ATL

0002 N/A N/A N/A N/A

A001 N/A N/A N/A N/A

1001 POP 29-SEP-2022 TO

28-SEP-2023

N/A CCDC - GROUND VEHICLE SYSTEMS

CENTER

PAULINE KLINE

5085 U AVE.

NEW CUMBERLAND PA 17070-5083

717-770-6511

1002 POP 29-SEP-2023 TO

28-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.242-17 Government Delay Of Work APR 1984

Section G - Contract Administration Data

252.232-7003 Electronic Submission of Payment Requests and

Receiving Reports

DEC 2018

CLAUSES INCORPORATED BY FULL TEXT

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

When submitting a request for payment, the Contractor shall--

(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and

(b) Separately identify a payment amount for each contract line item included in the payment request.

(End of clause)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

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

Area WorkFlow (WAWF).

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

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic

Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation

Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving

Reports.

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

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

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

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based

Training Course and use the Practice Training Site before submitting payment requests through WAWF.

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

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic

Data Interchange, or File Transfer Protocol.

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

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

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

(ii) For fixed price line items—

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

Contracting Officer.

N/A

(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.

Invoice 2in1

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

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

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

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

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

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

https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0490

Issue By DoDAAC W56HZV

Admin DoDAAC** W56HZV

Inspect By DoDAAC W91ATL

Ship To Code W91ATL

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) W91ATL

Service Acceptor (DoDAAC) W91ATL

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition

Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(g) WAWF point of contact.

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

WAWF point of contact.

N/A

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

Section I - Contract Clauses

52.203-19 Prohibition on Requiring Certain Internal

Confidentiality Agreements or Statements

JAN 2017

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-13 System for Award Management Maintenance OCT 2018

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 and

Other Covered Entities.

JUL 2018

52.209-6 Protecting the Government's Interest When

Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.222-1 Notice To The Government Of Labor Disputes FEB 1997

52.222-3 Convict Labor JUN 2003

52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020

52.222-41 Service Contract Labor Standards AUG 2018

52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And

Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons OCT 2020

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011

52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

JUN 2016

52.223-18 Encouraging Contractor Policies To Ban Text

Messaging While Driving

JUN 2020

52.223-20 Aerosols JUN 2016

52.223-21 Foams JUN 2016

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2021

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019

252.223-7006 Prohibition On Storage, Treatment, and Disposal of

Toxic or Hazardous Materials

SEP 2014

252.225-7048 Export-Controlled Items JUN 2013

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any

Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the

Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C.

601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on

Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award

Management, or 52.232-34, Payment by Electronic

Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act

(31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting

Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in

32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31

U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety

Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other

Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments;

and (9) the specification.

(t) Reserved.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-

Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the

EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'' click box or other comparable mechanism (e.g., ``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the

Government or any

Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

552.217-6 OPTION FOR INCREASED QUANTITY (MAR 1989)

The Government may increase the quantity of supplies called for in the Schedule at the unit price specified. The Contracting Officer may exercise the option by written notice to the Contractor within 5 days. Delivery of the added items shall continue at the same rate as the like items called for under the contract, unless the parties otherwise agree.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 5 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 5 days before the contract expires. The preliminary notice does not commit the

Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36 months.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2020)

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

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to

Extend Services, or other appropriate authority.

Small business concern--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13

CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others.