W56HZV-19-Q-0227.pdf

REQUEST FOR QUOTATION This RFQ is is not a small business set-aside Page Of

(This is NOT an Order)

1. Request No. 2. Date Issued 3. Requisition/Purchase Request No. 4. Cert For Nat Def. Under BDSA Rating

See Schedule Reg. 2 and/or DMS Reg. 1 5A. Issued By 6. Deliver by (Date)

See Schedule

7. Delivery

FOB Other Destination

5B. For Information Call: (Name and telephone no.) (No collect calls)

8. To: Name and Address, Including Zip Code 9. Destination (Consignee and address, including Zip Code)

See Schedule

10. Please Furnish Quotations to the Issuing Office in Block 5A On or Before Close of Business (Date)

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please indicate on this form and return it to the address in Block 5B. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services.

Supplies are of domestic origin unless otherwise indicated by quoter. Any interpretations and/or certifications attached to this Request for Quotation must be completed by the quoter.

11. Schedule (Include applicable Federal, State, and local taxes)

Item Number (a)

Supplies/Services (b)

Quantity (c)

Unit (d)

Unit Price (e)

Amount (f)

(See Schedule)

12. Discount For Prompt Payment a. 10 Calendar Days b. 20 Calendar Days c. 30 Calendar Days d. Calendar Days % % % Number Percentage

NOTE: Additional provisions and representations are are not attached.

13. Name and Address of Quoter (Street, City, County, State and 14. Signature of Person Authorized to Sign 15. Date of Quotation Zip Code) Quotation

16. Signer

a. Name (Type or Print) b. Telephone

Area Code

c. Title (Type or Print) Number

AUTHORIZED FOR LOCAL REPRODUCTION Standard Form 18 (Rev. 8-95) PREVIOUS EDITIONS NOT USABLE 18-118 Prescribed by GSA-FAR (43 CFR) 53.215-1(a)

X

W56HZV-19-Q-0227 2019SEP27 DOA4

W56HZVU.S. ARMY CONTRACTING COMMAND

WARREN, MICHIGAN 48397-5000

MICHAEL BRUSATE (586)282-7930

CCTA-HCS-B

EMAIL: MICHAEL.D.BRUSATE.CIV@MAIL.MIL

X

2019OCT27

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CONTINUATION SHEET

Reference No. of Document Being Continued Page of

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SUPPLEMENTAL INFORMATION

Buyer Name: MICHAEL BRUSATE

Buyer Office Symbol/Telephone Number: CCTA-HCS-B/(586)282-7930

Type of Contract 1: Firm Fixed Price

Kind of Contract: Service Contracts

Weapon System: No Identified Army Weapons Systems

FMS REQUIREMENT

*** End of Narrative A0000 ***

A.1 ARMY CONTRACTING COMMAND WARREN (DTA) OMBUDSPERSON

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

http://acc.army.mil/contractingcenters/acc-wrn/CompMgmtOffice.html

A.2 Electronic Contracting

(a) All Army Contracting Command Warren solicitations will be publicized on the Federal Business Opportunities website

(https://www.fbo.gov ). Any additional attachments, including Technical Data Packages (TDPs) when available electronically, will be separate attachments or links embedded in the solicitation.

(b) As of 10 August 2015, unless directed to do otherwise in Section L of this solicitation, vendors are required to submit a quote or proposal via the Federal Business Opportunities (FBO) system. Proposals or quotes submitted after this date using any other mechanism, including the Army Single Face to Industry Bid Response System (ASFI BRS) may be deemed non-responsive.

(c) Requirements for the online FBO bid submission:

(1) Vendors must log into the FBO System to be able to submit electronic responses for opportunities.

(2) Vendors must be registered in the System for Award Management (SAM) at "../../../../Documents/SharePoint%20Drafts/www.sam.gov"

(a Federal Government owned and operated free web site) and have a CAGE Code and CCR Marketing Partner Identification Number (MPIN).

(3) Once logged into the FBO System, vendors will be asked to enter basic information and directed to upload one or more files containing the proposal/quote and any additional information as outlined in the solicitation.

(4) FBO will send an email to vendors registered email address confirming the electronic submission.

(5) For additional information on submitting electronic bid responses via the FBO system see the FBO Vendor Guide Section 4.3.1

Submitting an Electronic Response (https://www.fbo.gov/downloads/FBO_Vendor_Guide.pdf ).

Note to offerors:

(d) Please pay close attention to the Issued By block location on the cover page of the solicitation for closing date and time. The closing date and time is based on the local time of the listed location of the Issued By office. In accordance with FAR 15.208(a), offerors are responsible for submitting proposals, and any revisions, and modifications, so as to be received by the Government office designated in the solicitation by the time specified.

(e) It is the responsibility of the Offeror to ensure the proposal/quote is received by the date and time specified on the cover page of this solicitation. In accordance with FAR 15.208, if the proposal/quote was not received at the initial point of entry to the

Government infrastructure (in this case, received through FBO) by the exact date and time specified on the cover page of this solicitation, it will be determined late. Proposal/quote is defined to mean ALL volumes or parts required in the solicitation are included in the electronic submission.

Note: There is no "expected" or "target" length of time for proposal submission; size and content may be factors, therefore offerors are strongly cautioned when submitting proposals to allow adequate time for submission.

(f) Solicitations may remain posted on the FBO after the solicitation closing date. If the response deadline has passed for the solicitation, vendors will no longer be able to submit electronic responses.

(g) Any award issued as a result of this solicitation will be distributed electronically. In the event of a FOIA request for a copy of any award issued as a result of this solicitation, or any subsequent modifications to the contract, the contract and modifications will be released, including the awarded unit price. This is the notice required by Executive Order 12600 (June 23, 1987) of the Governments intention to release unit prices in response to any request under the Freedom of Information Act (FOIA), 5 USC 552. Unit price is

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W56HZV-19-Q-0227

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

defined as the contract price per unit or item purchased as it appears in Section B of the contract and is NOT referring to nor does it include Cost or Pricing data/information. If an Offeror objects to such release in the base contract or contract modifications, the

Offeror must notify the contracting officer in writing prior to the closing date identified in this solicitation and include the rationale for the objection consistent with the provisions of FOIA. A release determination will be made based on rationale given.

(h) Questions pertaining to this solicitation should be directed to the Contract Specialist identified on the cover page of this solicitation. For technical assistance in doing business with the Government, and doing business electronically, please visit the

Procurement Technical Assistance Center (PTAC) website at http://www.aptac-us.org/ to locate a regional center.

A.3 ACKNOWLEDGEMENT OF AMENDMENTS

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

Amendment Number: Date: __________________ _____

*** END OF NARRATIVE A0001 ***

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PIIN/SIIN

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

SUPPLIES OR SERVICES AND PRICES/COSTS

0001 GAU-19 OPERATOR TRAINING

0001AA 2 WEEK GAU-19 OPERATOR TRAINING 1 LO $ _______________________________ __________________

SERVICE REQUESTED: GAU-19 OPERATOR TRAINING

CLIN CONTRACT TYPE:

Firm Fixed Price

PRON: J58K0037EH PRON AMD: 01

AMS CD: WXR089

FMS COUNTRY/CASE: SI/WXR

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________

001 1 0060

0002 CONTRACT DATA REQUIREMENTS LIST (CDRL) ______________________________________

A001 TRAINING PLAN 1 LO $ ** NSP ** _____________ __________________

SERVICE REQUESTED: CDRL

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 AS REQUIRED

A002 CLASS ROSTER AND TRAINING CERTIFICATES 1 LO $ ** NSP ** ______________________________________ __________________

SERVICE REQUESTED: CDRL

Inspection and Acceptance _________________________

INSPECTION: Destination ACCEPTANCE: Destination

DLVR SCH PERF COMPL

REL CD QUANTITY DATE ________ ______________ __________

001 1 AS REQUIRED

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DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 ANTI-TERRORISM (AT) AWARENESS TRAINING REQUIREMENT FOR CONTRACTOR PERSONNEL TRAVELING OVERSEAS

Contractor employees and associated subcontractor employees shall receive government-provided Anti-Terrorism (AT) awareness training specific to the area of responsibility (AOR) as directed by AR 525-13. Specific AOR training content is to be directed by the combatant commander, with the unit Anti-Terrorism Officer (ATO) being the local point of contact.

SCOPE OF WORK

GAU-19 OPERATOR TRAINING

C.2 COURSE DESCRIPTION

C.2.1 The GAU-19 Gatling Gun Operator Training Course is designed to assist the unit Armorer in the proper care and operation of the

GAU-19. The contractor will provide GAU-19 Operator Training for the Saudi Air National Guard (SANG) to include:

1. Installation onto aircraft

2. Preventive Maintenance Checks and Services

3. Operation of gun

4. Troubleshooting

C.3 NUMBER OF STUDENTS TO BE TRAINED:

Five Students with good English comprehension level

C.4 EQUIPMENT TO BE TRAINED:

GAU-19 Gatling Gun

C.5 PROJECTED TRAINING SCHEDULE/ INFORMATION/LOCATION:

1. The GAU-19 Operator Training is a ten (10) day course.

2.Travel and Training Start Date: To be coordinated with Security Assistance Management Directorate (SAMD) FMS, Contractor, and

OCONUS country POC.

3. Training Location: Riyadh at Kashm al An, Saudi Arabia

4. Daily training hours: 8 hours

5. Duration: Two week course

C.6 SANG FMS WILL PROVIDE THE FOLLOWING ITEMS:

1. Author a Memorandum Of Agreement (MOA) if needed

2. Translators, if necessary

3. Consumables:

Lubrication (TW-25 and MC 1210/Sandstrom Solid Film Lubrication)

Shop Towels

4. Armament personnel trained in the safe operation and Standard Operating Procedures (SOPs)

5. Access to training and range facilities (complete with appropriate work surfaces for weapon maintenance)

6. Training hardware (GAU-19/B and associated equipment)

7. Classroom with projector, screen and seating for all attending students

8. Ammunition

C.7 CONTRACTOR SUPPORT REQUIREMENTS:

1. Identify instructors

2. Develop Training Materiel as required (CDRL A001)

3. Training Materiel reproduction to be reproduced in English language.

4. Tools and Gauges

C.8 Student qualifications:

1. Experienced weapon operators

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2. English speaking students

C.9 TRAINING SCOPE

C.9.1 GAU-19 Gatling Gun Operator Training: This is a 10 day, 8 hours per day course. The Contractor shall provide operator training in:

1. GAU-19 Gatling Gun Characteristics, capabilities and features review

2. Parts Identification - Identification of the main components of the system

3. Technical discussion - discuss the GAU-19 system components, technical specifications and measurements.

4. Safe loading and unloading procedures - explain and demonstrate safe handling procedures.

5. Clearing and Handling - demonstrate the proper methods of ensuring a safe weapon.

6. Preventive Maintenance Checks and Services (PMCS)

7. Weapon disassembly - step-by-step instruction for operator level disassembly.

8. Detailed Cleaning Techniques - individual cleaning of each component.

9. Inspection of components - operator inspection of components to ensure proper functional performance.

10. Lubrication - type, quantity, and location of lubricant.

11. Reassembly - complete operator reassembly of the GAU 19 weapon.

12. Function check - checks to be performed by the operator.

13. Headspace and timing explain and demonstrate proper headspace and timing.

14. Sight adjustment - correct sight picture and sight adjustment.

15. Operational Procedure - description of the operating principal of the components of the weapon.

16. Identification and clearing of stoppages - types of malfunctions, cause and immediate action drills.

17. Troubleshooting - identification of the problem and the methods of repair.

18. Reloads

19. Mounts - discuss the use and assembly of aircraft mounting systems as available.

20. Ammunition and Optics - We will discuss types of ammunition, optical and night vision equipment as well as various accessories available for the GAU 19 Gatling Gun.

21. Changing barrels - Learn how and when to properly replace the barrel of the Gatling Gun.

22. Malfunction drills

23. Field expedient maintenance

24. Simulated night loads and weapon setup

25. Performance under stress

C.9.2 Range Drills: The last day of the course will be used to practice range drills. The range drills will reinforce classroom instruction with emphasis on field expedient maintenance methods that will assist the Operator in the field and while on the range.

These intense drills will allow the Operator to troubleshoot and fix the machine gun on the spot when necessary to keep the weapon functioning. These drills will include:

1. Gun Checks

2. Proper loading and unloading procedures

3. Zeroing procedures

4. Malfunction drills

5. Field expedient maintenance

6. Simulated night loads and weapon setup

7. Reloads

8. Performance under stress

NB: Training Course curriculum and subject matter is limited to information available in the public domain and in the Installation, Operation and Maintenance Manual, which was previously provided to SANG. The Contractor will not teach operational tactics or how to employ the weapon in combat.

AT THE CONCLUSION OF EACH COURSE

Every student will keep the training materials used during the training. All other Materiel remains the property of the Contractor. A course completion certificate will be given to each student upon successful completion of the course. (CDRL A002)

*** END OF NARRATIVE C0001 ***

DELIVERIES OR PERFORMANCE

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Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________

1 52.242-15 STOP-WORK ORDER AUG/1989

2 52.242-17 GOVERNMENT DELAY OF WORK APR/1984

F.1 VERIFICATION OF FOREIGN MILITARY SALES (FMS) ADDRESSES

At least 10 days prior to the first shipment of supplies under this contract, the Contractor shall submit an email request to the cognizant Transportation Office via the Administrative Contracting Officer (ACO) for verification of the FMS "ship-to" address(es) contained in this contract.

*** END OF NARRATIVE F0001 ***

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CONTRACT ADMINISTRATION DATA

3 252.232-7006 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.

-1-

(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.

-2-

(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.

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Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC -3-

Issue By DoDAAC -4-

Admin DoDAAC -5-

Inspect By DoDAAC -6-

Ship To Code -7-

Ship From Code -8-

Mark For Code -9-

Service Approver (DoDAAC) -10-

Service Acceptor (DoDAAC) -11-

Accept at Other DoDAAC -12-

LPO DoDAAC -13-

DCAA Auditor DoDAAC -14-

Other DoDAAC(s) -15-

(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.

-16-

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

(End of clause)

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CONTRACT CLAUSES

4 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS JAN/2017

OR STATEMENTS

5 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT/2018

6 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE JUL/2016

7 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES JUL/2018

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES

8 52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO AUG/2019

SURVEILLANCE SERVICES OR EQUIPMENT

9 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH OCT/2015

CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT

10 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS NOV/2015

11 52.211-5 MATERIAL REQUIREMENTS AUG/2000

12 52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS APR/2008

13 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT OCT/1997

14 52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES FEB/1997

15 52.222-21 PROHIBITION OF SEGREGATED FACILITIES APR/2015

16 52.222-26 EQUAL OPPORTUNITY SEP/2016

17 52.222-29 NOTIFICATION OF VISA DENIAL APR/2015

18 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING AUG/2011

19 52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS APR/1984

20 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS DEC/2013

21 52.236-13 ACCIDENT PREVENTION (NOV 1991) -- ALTERNATE I (NOV 1991) NOV/1991

22 52.243-1 CHANGES--FIXED PRICE (AUG 1987) -- ALTERNATE I (APR 1984) APR/1984

23 52.243-1 CHANGES--FIXED PRICE (AUG 1987) -- ALTERNATE II (APR 1984) APR/1984

24 52.249-8 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) APR/1984

25 252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE DEC/1991

26 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS SEP/2011

27 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS SEP/2013

28 252.204-7000 DISCLOSURE OF INFORMATION OCT/2016

29 252.204-7002 PAYMENT FOR SUBLINE ITEMS NOT SEPARATELY PRICED DEC/1991

30 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT APR/1992

31 252.204-7006 BILLING INSTRUCTIONS OCT/2005

32 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING OCT/2016

33 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT MAY/2016

34 252.222-7002 COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS) JUN/1997

35 252.222-7006 RESTRICTIONS ON THE USE OF MANDATORY ARBITRATION AGREEMENTS DEC/2010

36 252.223-7002 SAFETY PRECAUTIONS FOR AMMUNITION AND EXPLOSIVES MAY/1994

37 252.223-7003 CHANGE IN PLACE OF PERFORMANCE--AMMUNITION AND EXPLOSIVES DEC/1991

38 252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS DEC/2017

39 252.225-7016 RESTRICTION ON ACQUISITION OF BALL AND ROLLER BEARINGS JUN/2011

40 252.225-7028 EXCLUSIONARY POLICIES AND PRACTICES OF FOREIGN GOVERNMENTS APR/2003

41 252.225-7033 WAIVER OF UNITED KINGDOM LEVIES APR/2003

42 252.225-7041 CORRESPONDENCE IN ENGLISH JUN/1997

43 252.225-7048 EXPORT-CONTROLLED ITEMS JUN/2013

44 252.227-7014 RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL COMPUTER FEB/2014

SOFTWARE DOCUMENTATION

45 252.227-7019 VALIDATION OF ASSERTED RESTRICTIONS--COMPUTER SOFTWARE SEP/2016

46 252.228-7003 CAPTURE AND DETENTION DEC/1991

47 252.229-7011 REPORTING OF FOREIGN TAXES - U.S. ASSISTANCE PROGRAMS SEP/2005

48 252.231-7000 SUPPLEMENTAL COST PRINCIPLES DEC/1991

49 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS DEC/2018

50 252.232-7008 ASSIGNMENT OF CLAIMS (OVERSEAS) JUN/1997

51 252.232-7010 LEVIES ON CONTRACT PAYMENTS DEC/2006

52 252.233-7001 CHOICE OF LAW (OVERSEAS) JUN/1997

53 252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR PERSONNEL JUN/2013

54 252.243-7001 PRICING OF CONTRACT MODIFICATIONS DEC/1991

55 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS JUN/2013

56 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA--BASIC FEB/2019

57 252.225-7027 RESTRICTION ON CONTINGENT FEES FOR FOREIGN MILITARY SALES APR/2003

(a) Except as provided in paragraph (b) of this clause, contingent fees, as defined in the Covenant Against Contingent Fees clause of this contract, are generally an allowable cost, provided the fees are paid to

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(1) A bona fide employee of the Contractor; or

(2) A bona fide established commercial or selling agency maintained by the Contractor for the purpose of securing business.

(b) For foreign military sales, unless the contingent fees have been identified and payment approved in writing by the foreign customer before contract award, the following contingent fees are unallowable under this contract:

(1) For sales to the Government(s) of SR, contingent fees in any amount.

(2) For sales to Governments not listed in paragraph (b)(1) of this clause, contingent fees exceeding $50,000 per foreign military sale case.

(End of clause)

58 252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE JUN/2015

THE UNITED STATES

(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the

United States under this contract, shall

(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;

(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;

(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and

(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.

(c) The requirements of this clause do not apply to any subcontractor that is:

(1) A foreign government;

(2) A representative of a foreign government; or

(3) A foreign corporation wholly owned by a foreign government.

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from HQDA-AT; telephone, DSN 222-9832 or commercial (703 692-9832.

(End of clause)

59 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS DEC/2014

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)

60 52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL AUG/2019

ITEMS)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

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(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of

Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other

Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019)

(Section 889(a)(1)(A) of Pub. L. 115-232).

(iv) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(v) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vi) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(vii) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

(ix) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013).

(vii) 52.233-1, Disputes (MAY 2014).

(viii) 52.244-6, Subcontracts for Commercial Items (JAN 2019).

(ix) 52.253-1, Computer Generated Forms (JAN 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (OCT 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note)

(Applies to contracts valued at $30,000 or more).

(ii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold).

(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (MAY 2014) (41 U.S.C. chapter 65)

(Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).

(iv) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).

(v) 52.222-36, Equal Employment for Workers with Disabilities (JUL 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, ``United States'' includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the

U.S. Virgin Islands, and Wake Island.)

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(vi) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).

(vii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto

Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer

Continental Shelf).

(viii)(A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (Executive Order 13658) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).

(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xi) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiii) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O.

13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xiv) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR[supreg] Program or Federal Energy Management Program

(FEMP) will be--

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xv) 52.223-20, Aerosols (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvi) 52.223-21, Foams (June, 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.

(xvii) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition--

(A) Is set aside for small business concerns; or

(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).

(xviii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792) (Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States).

(xix) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information.)

(xx) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (Applies when the payment

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will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)

(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (June, 2016) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.

(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment (OCT 2015) (Applies to contracts over $35,000).

(iii) 52.211-17, Delivery of Excess Quantities (SEP 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this/these address(es): or

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only 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. The Government must exercise its postacceptance rights --

(1) Within a reasonable period of 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.

(e) 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 of 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.

(f) Termination for the Governments 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 that 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 Contractors records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) 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.

(h) 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.

(End of Clause)

61 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS DEC/2018

CONCERNS (DEVIATION 2019-O0003)

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

"HUBZone small business concern" means a small business concern, certified by the Small Business Administration (SBA), that appears on the List of Qualified HUBZone Small Business Concerns maintained by the SBA (13 CFR 126.103).

"Similarly situated entity" means a first-tier subcontractor, including an independent contractor, that has the same small business program status as that which qualified the prime contractor for the award; as is considered small for the NAICS code the prime contractor assigned to the subcontract the subcontractor will perform. An example of a similarly situated entity is a first-tier subcontractor that is a HUBZone small business concern for a HUBZone set-aside or sole source award under the HUBZone Program.

(b) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the

HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs (d) and (e) of this clause do not apply if the offeror has waived the evaluation preference.

_____ Offeror elects to waive the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Agreement. By submission of an offer and execution of a contract, a HUBZone small business concern agrees that, in the case of a contract for--

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 50 percent subcontract amount that cannot be exceeded;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the 75 percent subcontract amount that cannot be exceeded.

(f) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable requirements specified in paragraph (d) of this clause.

(g) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

(End of clause)

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62 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION 2019-O0003) DEC/2018

(a) Definition. "Small business concern," 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 size standards in this solicitation.

(b) Applicability. This clause applies only to--

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General.

(1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement.

(1) For a contract at or below the simplified acquisition threshold, a small business concern may provide the end item of any domestic firm. For a contract exceeding the simplified acquisition threshold, a small business concern that provides an end item it did not manufacture, process, or produce, shall--

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) Paragraph (d)(1) of this clause does not apply to construction or service contracts.

(End of clause)

63 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA JAN/1997

(a) Hazardous material, as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard

No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or

Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material Identification No.

(If none, insert None)

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting

Officer and resubmit the data.

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(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to --

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

(End of Clause)

64 52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL JUN/2016

HYDROFLUOROCARBONS

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

"Global warming potential" means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0.

"High global warming potential hydrofluorocarbons" means any hydrofluorocarbons in a particular end use for which EPA's Significant New

Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at (http://www.epa.gov/snap/).

"Hydrofluorocarbons" means compounds that only contain hydrogen, fluorine, and carbon.

"Ozone-depleting substance" means any substance the Environmental Protection Agency designates in 40 CFR part 82 as--

(1) Class I, including,…