Solicitation,_W81K0419Q0010,_AED_Lease_Agreement.pdf

W81K0419Q0010

COMBO SYNOPSIS-SOLICITATION

Combined Synopsis/Solicitation IAW FAR Subpart 12.6 Philips HeartStart OnSite Defibrillators (brand name or equal) in support of the U.S. Military Entrance Processing Command (USMEPCOM)

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

The solicitation number is W81K0419Q0010 and is being issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2019-03 and Defense Federal Acquisition Regulation Supplement Publication Notice 20190628.

The North American Industrial Classification System (NAICS) is 532490, Medical equipment (except home health furniture and equipment) rental or leasing. The small business size standard is $32.5 million. This procurement is set aside for small business.

DESCRIPTION OF REQUIREMENT: The United States Military Entrance Processing Command (USMEPCOM) has a requirement for the purchase of a 12-month lease of approximately 69 Philips HeartStart OnSite Defibrillators (M5066A; 861282) (brand name or equal). The Government tends to renew the lease agreement on an annual basis over a five-year ordering period. The defibrillators must meet the requirements identified in Attachments 1, 2, 3, and 4, as well as the table below. The leased equipment shall be delivered to the Military Entrance Processing Stations (MEPS) identified in Exhibit B of this solicitation. The required date for delivery and installation of the equipment at each identified site is 30 September 2019.

Automatic External Defibrillator

Brand name or Equal: Philips HeartStart Onsite (HS1) Defibrillators (M5066A;

861282), Option R01. Includes the battery, carry case, adult SMART Pads (1 pre-installed set, 1 spare set), Setup and Maintenance Guides, Owner’s Manual, Quick Reference Guide, date sticker and battery. The following additional accessories shall be included:

• One (1) Slim Carry Case (M5066A/C02; 861282)

• One (1) Fast Response Kit (68-PCHAT; 989803101861)

• One (1) Defibrillator Cabinet – Basic (989803136531)

• One (1) AED Wall Sign, red (989803170921)

Carrying Case Should be standard to the size of the AED unit, to include additional space and/or pocket for instructional quick reference guide.

Battery Pack The battery capacity should include a minimum 200 shocks or 4 hours of operating time. The battery is labeled with an install-by date of at least 5 years from date of manufacture.

Adult Electrode Pads Defibrillation pads must be usable for patients 8 years of age and older or 25 kg (55 lbs.) and over. All pads shall be labeled with a use-by date of at least a minimum of 2 years from date of manufacture.

CPR/AED

Response Kit

Response kit must contain the following tools/supplies: two pairs of hypoallergenic nitrile gloves, paramedic scissors, 1 chest hair razor, and a large extra absorbent paper towel. These items must be securely housed in an enclosed pouch.

Electro Pads/AED Inspection Tags/Stickers

Inspection tags shall contain the date of manufacturer, the date of expiration, and the date of inspection.

Alarm entry wall mounted AED Cabinet

AED Wall Cabinet Hanging/Installation; includes the installation of the AEDs fully assembled and rescue ready. The wall mounted cabinet shall offer a battery operated alarm mechanism that will at the minimum, offer an audible sound to alert staff/employees that the cabinet has been accessed.

Service and Maintenance Program

Each 12 months coverage period includes on-site semi-annual service inspections and emergency service calls; All consumable & related parts are included.

FOB: Destination

The provision at FAR 52.212-1, Instructions to Offerors -- Commercial, applies to this acquisition. See this FAR provision and the ADDENDUM TO FAR 52.212-1 for requirements regarding preparation of quotes included in this solicitation below.

The provision at FAR 52.212-2, Evaluation -- Commercial Items is applicable to this requirement. See this FAR provision and the ADDENDUM TO FAR 52.212-2 for evaluation criteria and procedures to be used included in this solicitation below.

All quoters shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications -

- Commercial Items, with its quote. See this FAR provision included in this solicitation below.

The clause at FAR 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition. See this FAR clause and the ADDENDUM TO 52.212-4 included below.

The clause at FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items, applies to this acquisition. See this FAR clause below and all additional FAR clauses cited within this clause that are applicable to the acquisition included in this solicitation below.

Any additional contract requirements and terms and conditions determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices have been included in the solicitation below.

The Defense Priorities and Allocations System (DPAS) is not applicable to this requirement.

SOLICITATION RESPONSES: Quotes shall be submitted by email to dawn.e.simington.civ@mail.mil and nicole.h.dorsey.civ@mail.mil no later than 09:00 A.M. Central Time on Friday, August 23, 2019. Electronic submission via e-mail is required. Only emailed quotes received directly from the quoter are acceptable. All quotes received after this due date and time may be considered late in accordance with FAR 52.212-1(f).

QUESTIONS CONCERNING THE SOLICITATION: Interested parties shall submit any questions concerning this solicitation in writing to the following e-mail addresses: dawn.e.simington.civ@mail.mil and nicole.h.dorsey.civ@mail.mil no later than 12:00 PM Central Time on Friday, August 9, 2019 for the Government’s consideration. Those questions not received within the prescribed date may not be considered. Telephone inquiries for the solicitation will not be accepted.

The points of contact for this requirement are Nicole H. Dorsey, Contract Specialist, phone (210) 221-4220, fax

(210) 221-5402 and Dawn E. Simington, Contracting Officer, phone (210) 221-3154, fax (210) 221-5402.

ADDITIONAL CONTRACT REQUIREMENTS AND TERMS AND CONDITIONS FOR THIS ACQUISITION:

The following information is additional contract requirements and terms and conditions determined by the contracting officer to be necessary for this acquisition and consistent with customary commercial practices. This information, to include the clauses incorporated by reference and full text, will be included in the resultant contract.

Solicitation provisions apply only to the solicitation and will not be included in the resultant contract.

ORDERING & CLIN INFORMATION

ORDERING PERIOD:

1 September 2019 through 31 August 2024

MINIMUM/MAXIMUM ORDERING:

The minimum guaranteed quantity is 69 each and the maximum quantity is 345 each and applies to the full duration of the contract.

SCHEDULE ORDERING:

Orders may be placed by any warranted contracting officer serving in the Health Readiness Contracting Office

(HRCO).

CLIN INFORMATION:

Note: If the quoted price for CLINS 0001 through 0005 are the same, the contracting office will combine the CLINS into one CLIN with a quantity of 345 each and a five year ordering period on the resultant contract (if awarded).

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 69 Each Defibrillator Lease Agreement

FFP

Brand name or Equal: 12-month lease agreement for 69 each Philips HeartStart Onsite (HS1) Automatic External Defibrillators (M5066A; 861282) in accordance with the Statement of Work.

Ordering Period 1: 1 September 2019 to 31 August 2020 FOB: Destination

PSC CD: W065

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 69 Each Defibrillator Lease Agreement

FFP

Brand name or Equal: 12-month lease agreement for 69 each Philips HeartStart Onsite (HS1) Automatic External Defibrillators (M5066A; 861282) in accordance with the Statement of Work.

Ordering Period 2: 1 September 2020 to 31 August 2021

UNIT UNIT PRICE MAX AMOUNT

0003 69 Each Defibrillator Lease Agreement

FFP

Brand name or Equal: 12-month lease agreement for 69 each Philips HeartStart Onsite (HS1) Automatic External Defibrillators (M5066A; 861282) in accordance with the Statement of Work.

Ordering Period 3: 1 September 2021 to 31 August 2022

UNIT UNIT PRICE MAX AMOUNT

0004 69 Each Defibrillator Lease Agreement

FFP

Brand name or Equal: 12-month lease agreement for 69 each Philips HeartStart Onsite (HS1) Automatic External Defibrillators (M5066A; 861282) in accordance with the Statement of Work.

Ordering Period 4: 1 September 2022 to 31 August 2023

UNIT UNIT PRICE MAX AMOUNT

0005 69 Each Defibrillator Lease Agreement

FFP

Brand name or Equal: 12-month lease agreement for 69 each Philips HeartStart Onsite (HS1) Automatic External Defibrillators (M5066A; 861282) in accordance with the Statement of Work.

Ordering Period 5: 1 September 2023 to 31 August 2024

UNIT UNIT PRICE MAX AMOUNT

0006 6 Each Contractor Manpower Report (CMR)

FFP

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the VTC system installation and extended maintenance agreement via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/ Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2019. Contractors may direct questions to the help desk at help desk at: http://www.ecmra.mil.

(1) Ordering Period #1: 1 Sept 2019 to 31 Aug 2020 CMR Reporting Period: 30 Sept 2019 OP#1 CMR Report Date: 31 Oct 2019

(2) Ordering Period #1: 1 Sept 2019 to 31 Aug 2020 CMR Reporting Period: 1 Oct 2019 to 30 Sept 2020 OP#1 CMR Report Date: 31 Oct 2020

(3) Ordering Period #2: 1 Sept 2020 to 31 Aug 2021 CMR Reporting Period: 1 Oct 2020 to 30 Sept 2021 OP#2 CMR Report Date: 31 Oct 2021

(4) Ordering Period #3: 1 Sept 2021 to 31 Aug 2022 CMR Reporting Period: 1 Oct 2021 to 30 Sept 2022 OP#3 CMR Report Date: 31 Oct 2022

(5) Ordering Period #4: 1 Sept 2022 to 31 Aug 2023 CMR Reporting Period: 1 Oct 2022 to 30 Sept 2023 OP#4 CMR Report Date: 31 Oct 2023

(6) Ordering Period #5: 1 Sept 2023 to 31 Aug 2024 CMR Reporting Period: 1 Oct 2023 to 31 Aug 2024 OP#5 CMR Report Date: 31 Oct 2024

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-SEP-2019 TO

31-AUG-2020

N/A W37N HQ US MEPCOM

DIRECT DELIVERY

2834 GREEN BAY ROAD

NORTH CHICAGO IL 60064-3094

W52BKS

0002 POP 01-SEP-2020 TO

31-AUG-2021

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-SEP-2021 TO

31-AUG-2022

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-SEP-2022 TO

31-AUG-2023

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-SEP-2023 TO

31-AUG-2024

N/A (SAME AS PREVIOUS LOCATION)

0006 31-OCT-2019 1 (SAME AS PREVIOUS LOCATION)

0006 31-OCT-2020 1 (SAME AS PREVIOUS LOCATION)

0006 31-OCT-2021 1 (SAME AS PREVIOUS LOCATION)

0006 31-OCT-2022 1 (SAME AS PREVIOUS LOCATION)

0006 31-OCT-2023 1 (SAME AS PREVIOUS LOCATION)

0006 31-OCT-2024 1 (SAME AS PREVIOUS LOCATION)

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 Destination Government Destination Government 0003 Destination Government Destination Government

0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

ADDENDUM TO FAR 52.212-4

Paragraph 52.212-4(c) is replaced by:

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

However, any administrative changes such as change of the finance office, typographical or grammatical errors, de-obligation of excess funds necessary for contract closeout, and the option for increased quantity, may be changed unilaterally by the Government provided that such exercise is in accordance with the terms and conditions of the contract.

Paragraph 52.212-4(w) is hereby added:

(w) The non-FAR Part 12 discretionary FAR and DFARS clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 herein for locations where full text can be found.

(End of ADDENDUM to 52.212-4)

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

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

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.213-2 Invoices APR 1984 52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION

2019-O0003).

JAN 2019

52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-37 Employment Reports on Veterans FEB 2016 52.222-50 Combating Trafficking in Persons JAN 2019 52.222-51 Exemption from Application of the Service Contract Labor

Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements

MAY 2014

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-17 Government Delay Of Work APR 1984 52.246-16 Responsibility For Supplies APR 1984 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

OCT 2015

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015)

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

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

(b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(c) Exceptions to this prohibition are located at 9.108-2.

(d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event.

(End of clause)

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in a quantity of less than 69 each, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of 69 each;

(2) Any order for a combination of items in excess of 345 each; or

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

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

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

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

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

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and

Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 31 August 2025.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

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 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 (c) 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.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The

Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code 532490- assigned to contract number TBD.

(Contractor to sign and date and insert authorized signer's name and title).

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)

``Active duty wartime or campaign badge veteran,'' ``Armed Forces service medal veteran,'' ``disabled veteran,'' ``protected veteran,'' ``qualified disabled veteran,'' and ``recently separated veteran'' have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

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 address:

http://farsite.hill.af.mil/

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

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

(b) The use in this solicitation or contract of any DoD FAR Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT

(MAY 2016)

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

Computer software means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae, and related material that would enable the software to be reproduced, recreated, or recompiled. Computer software does not include computer data bases or computer software documentation.

Litigation support means administrative, technical, or professional services provided in support of the Government during or in anticipation of litigation.

Litigation support contractor means a contractor (including its experts, technical consultants, subcontractors, and suppliers) providing litigation support under a contract that contains the clause at 252.204-7014, Limitations on the Use or Disclosure of Information by Litigation Support Contractors.

Sensitive information means controlled unclassified information of a commercial, financial, proprietary, or privileged nature. The term includes technical data and computer software, but does not include information that is lawfully, publicly available without restriction.

Technical data means recorded information, regardless of the form or method of the recording, of a scientific or technical nature (including computer software documentation). The term does not include computer software or data incidental to contract administration, such as financial and/or management information.

(b) Notice of authorized disclosures. Notwithstanding any other provision of this solicitation or contract, the Government may disclose to a litigation support contractor, for the sole purpose of litigation support activities, any information, including sensitive information, received—

(1) Within or in connection with a quotation or offer; or

(2) In the performance of or in connection with a contract.

(c) Flowdown. Include the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for commercial items.

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)

(a) Definitions. As used in this clause-

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

Concatenated unique item identifier means--

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

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

and serial number within the original part, lot, or batch number.

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

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

DoD recognized unique identification equivalent means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.

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

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

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

Government's unit acquisition cost means--

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Unique item identifier type means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.

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

(c) Unique item identifier. (1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:

Contract line, subline, or exhibit line item No. Item description

(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract line, subline, or exhibit line item No. Item description

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

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ----.

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ----.

(v) Any item not included in paragraphs (c)(1)(i), (ii), (iii), or

(iv) of this clause for which the contractor creates and marks a unique item identifier for traceability.

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

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

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

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

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

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

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

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

(5) Unique item identifier.

(i) The Contractor shall--

(A) Determine whether to--

(1) Serialize within the enterprise identifier;

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

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

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

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

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

(ii) The issuing agency code--

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

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

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

(1) Unique item identifier.

(2) Unique item identifier type.

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

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

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

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

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

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

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

(10) Government's unit acquisition cost.

(11) Unit of measure.

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

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

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

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

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

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

(3) Unique item identifier type.**

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

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

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

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

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

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

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

(11) Description.

** Once per item.

(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:

(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/.

(2) Embedded items shall be reported by one of the following methods--

(i) Use of the embedded items capability in WAWF;

(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or

(iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) ----, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.

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

252.211-7008 USE OF GOVERNMENT-ASSIGNED SERIAL NUMBERS (SEP 2010)

Government-assigned serial number means a combination of letters or numerals in a fixed human-readable information format (text) conveying information about a major end item, which is provided to a contractor by the requiring activity with accompanying technical data instructions for marking the Government-assigned serial number on major end items to be delivered to the Government.

Major end item means a final combination of component parts and/or materials which is ready for its intended use and of such importance to operational readiness that review and control of inventory management functions (procurement, distribution, maintenance, disposal, and asset reporting) is required at all levels of life cycle management. Major end items include aircraft; ships; boats; motorized wheeled, tracked, and towed vehicles for use on highway or rough terrain; weapon and missile end items; ammunition; and sets, assemblies, or end items having a major end item as a component.

Unique item identifier (UII) means a set of data elements permanently marked on an item that is globally unique and unambiguous and never changes in order to provide traceability of the item throughout its total life cycle. The term includes a concatenated UII or a DoD-recognized unique identification equivalent.

(b) The Contractor shall mark the Government-assigned serial numbers on those major end items as specified by line item in the Schedule, in accordance with the technical instructions for the placement and method of application identified in the terms and conditions of the contract.

(c) The Contractor shall register the Government-assigned serial number along with the major end item's UII at the time of delivery in accordance with the provisions of the clause at DFARS 252.211-7003(d).

(d) The Contractor shall establish the UII for major end items for use throughout the life of the major end item. The Contractor may elect, but is not required, to use the Government-assigned serial number to construct the UII.

252.216-7006 ORDERING (MAY 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from 1 September 2019 through 31 August 2024.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c)(1) If issued electronically, the order is considered ``issued'' when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered ``issued'' when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

(End of Clause)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(DEVIATION 2018-A0001) (DEC 2017)

(a) Definitions. As used in this clause –

(1) “Invoice payment” have the meaning given in section 32.001 of the Federal Acquisition Regulation.

(3) “Payment request” means any request for contract invoice payment submitted by the Contractor this contract.

(3) “Receiving report” means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report.

(b) Except as provided in paragraph (c) of this clause the Contractor shall submit payment requests and receiving reports using WAW, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet as https://wawf.eb.mil/ .

(c) The contractor may submit a payment request and receiving report using other than WAWF only when –

(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer’s determination with each request for payment;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the electronic format;

(4) The Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required; or

(5) Submitting payment requests and receiving reports to the Supplier Self-Services (SUS) system accessible via the Wide Area WorkFlow (WAWF) website as an authorized participant in the vendor portal invoicing pilot program.

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEVIATION 2018-A0001) (DEC

2017)

(a) Definitions. As used in the clause –

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

(2) “Document type” means the type of payment request or receiving report available for creation in Wide Are WorkFlow (WAWF).

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

(b) Electronic invoicing. The WAW system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-70003, Electronic Submission of Payment Requests and Receiving Reports (DEVIATION 2018-A0001) (DEC 2017).

(1) The WAWF system shall be used to electronically process vendor payment requests and receiving reports, in accordance with paragraph…