W90VN6-25-Q-A006 Aircraft Fuelers Combined Synpsis Solicitation 20NOV2024.pdf

Solicita�on- CY24 LCS Aircra� Fuelers (Korean Vendor Only)

W90VN6-25-Q-A006 closes: 4:30 PM KST on 26 Dec 2024

1. This is a combined synopsis/solicita�on for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with addi�onal informa�on included in this no�ce.

This is a Request For Quotation (RFQ), W90VN6-25-Q-A006 CY24 LCS Aircraft Fuelers, Osan AB, Korea. This announcement cons�tutes the only solicita�on; quotes are being requested and a writen solicita�on will not be issued.

2. This no�ce incorporates provisions and clauses in effect through Federal Acquisi�on Circular (FAC) 2025-01 effec�ve 12 November 2024. The complete text of any of the clauses and provisions may be accessed in full text at htps://www.acquisi�on.gov/browse/index/far.

3. This requirement is funded by the Logis�cs Cost Sharing (LCS) Funds; therefore, only KOREAN VENDORS are eligible for award. The associated North American Industrial Classifica�on System (NAICS) code for this procurement is 333924 Industrial Truck, Tractor, Trailer, and Stacker Machinery Manufacturing.

Due Date: All offers shall be submited no later than 4:30 PM KST on 26 Dec 2024 Contract Specialist SSG Jeong-Tae Kim at jeong-tae.kim.mil@army.mil and Contrac�ng Officer Nancy Segarra at Nancy.segarra2.civ@army.mil.

4. DESCRIPTION: 20 each Aircra� Fueling Trucks IAW with Atachment 1 Purchase Descrip�on.

5. Offerors are requested to submit a quote for the line item:

CLIN Item Descrip�on QTY/Unit Unit Price Total Price

0001 Truck, Aircra� Fueling (IAW Atch 1) 20 each ________ _________

Vehicle Warranty. All vehicles shall be covered under the original manufacturer’s warranty. Offerors shall include the warranty informa�on, terms and condi�ons in their proposal. See Atachment 1, paragraph 2.1.2.

0002 Manufacturer’s Publica�ons 1 Lot ________ _________

REQUIRED DELIVERY DATE: NO LATER THAN 1 DECEMBER 2025*

*While the delivery of the trucks can be spread out over a period of time, ALL 20 trucks must be received no later than 1 December 2025.

https://www.acquisition.gov/browse/index/far mailto:jeong-tae.kim.mil@army.mil mailto:Nancy.segarra2.civ@army.mil

DELIVERY LOCATION:

CLIN 0001 CLIN 0002

FB5294 51 LRS LGRDDC 7 AF/A4L

CP 011 82 505 784 5085 Unit 2047

OSAN AB BLDG 824 SINJANG DONG APO AP 96278-2047

PYEONGTAEK CITY KR 17759

POC: Capt Jerred Sevold jerred.sevold@us.af.mil

6. QUESTIONS: Submit technical ques�ons to the Contract Specialist SSG Jeong-Tae Kim and Contrac�ng Officer Ms. Nancy Segarra in wri�ng, via email to jeong-tae.kim.mil@army.mil and Nancy.segarra2.civ@army.mil within 3 days a�er the solicita�on issue date. Please include the solicita�on number W90VN6-25-Q-A006 in the subject line on the email. Telephonic (verbal) ques�ons will not be addressed. All responses to ques�ons, which may affect offers, will be incorporated into a writen amendment to the Request for Quote (RFQ) and posted to SAM.gov.

PROVISIONS AND INSTRUCTIONS TO OFFERORS

The following Local Provisions/Clauses apply to this solicitation:

5152.232-4028 – Funding of ROK MND Funded Contracts

FUNDING OF ROK MND FUNDED CONTRACTS

(a) Funding advisement: This contract, any modifica�ons (including exercise of op�on(s)) thereto, and any delivery or task orders thereunder, shall be paid with ROK funds and shall cite “MOA Contract

- funded by ROK MND” (in lieu of ci�ng appropria�ons and accoun�ng data). No U.S. funds, appropriated or other, are or will be obligated under this contract.

(b) Limita�on of US liability: The U.S. Government shall incur no liability, and no appropriated or other funds of the United States shall be obligated, for payment for services, supplies, claims, or other costs arising out of or under this contracts, delivery or service orders, exercises of op�ons, or other modifica�ons.

(c) Iden�fica�on of invoices: Contractor shall state clearly “MOA Contract - funded by ROK MND” on all invoices for performance under contracts, delivery or service orders that are designated as “MOA Contract - funded by ROK MND.”

(d) Funding carry-over:

mailto:jerred.sevold@us.af.mil

(1) The Contractor will make every reasonable effort to obtain comple�on of all performance under the contract and to obtain, approve, and forward Contractor’s invoices under the contract before the end of the calendar year of the contract. In the event that any work ini�ated under the contract cannot be completed by the end of the calendar year, the Contractor shall furnish the Contrac�ng Officer and USFK, ATTN: FKJ4-P-G, not later than 30 November, the following informa�on:

(i) A list of work that apparently will not be completed and invoiced by, and apparently will require payments a�er, the end of the calendar year;

(ii) Es�mated price of work that apparently will be carried beyond the calendar year; and

(iii) Date of an�cipated comple�on of the work.

(2) The ROK MND shall seek mutually agreeable procedures for payment for work carried over to the next calendar year.

(e) Availability of ROK Funds for the Next Calendar Year:

(1) This contract is funded with calendar year ROK MND funds, from date of award through 31 December of the year in which the contract is awarded and/or into which the contract is extended. ROK MND funds are not available for performance, under this contract, beyond 31 December of the current contract’s calendar year period. Any obliga�on and/or legal liability on the part of ROK MND for the next calendar year’s performance, including exercise of any op�on to extend the services/contract, is con�ngent upon the Contrac�ng Officer’s explicit no�fica�on to the Contractor of availability of that new calendar year’s ROK MND funds, from which contractual payment(s) can be made.

(2) Unavailability of ROK MND funds un�l a few months into the new calendar year may necessitate a break in performance of the contract un�l those funds become available. In the event of a break in performance because of unavailability of the new calendar year’s ROK MND funds for obliga�on under the contract, that break in performance shall not be deemed a breach or default of the contract.

5152.232-4030 – Payments of ROK MND Funded Contracts

PAYMENTS OF ROK MND FUNDED CONTRACTS

(a) Responsibility for Payment: The ROK Government shall make payment directly to the contractor for performance rendered and accepted under any contract part, or delivery or service order iden�fied as “MOA contract – funded by ROK MND.” Payments shall be made at the prices specified in the contract.

(b) Performance Cer�fica�on and Contract Administra�on: The U.S. Government has sole authority to administer this contract. The U.S. Government, through its designated USFK official(s), has sole authority to inspect and accept goods and services and to determine the Contractor’s en�tlement to payment under this contract. The administering U.S. Government Contrac�ng Officer will resolve all disputes, claims, and appeals before cer�fying invoices for payment. Neither ROK MND nor ROK Defense Logis�cs Agency will pay any invoice or claim under this contract without prior U.S. Government cer�fica�on.

(c) Payment for Par�al Deliveries: Unless otherwise specified in this contract, payment shall be made on par�al deliveries accepted by the U.S. Government, IF (1) the amount due on the deliveries warrants it, or (2) the Contractor requests it and the amount due on the deliveries is at least either the local currency equivalent of $1,000.00 or 50% of the total contract price.

(d) Invoices: An invoice is a writen request for payment for supplies rendered. In order to be proper, an invoice must include as applicable the following:

(1) Invoice date;

(2) Name and address of contractor;

(3) Contract number or other authoriza�on for supplies delivered or service performed (including order number and contract line item number);

(4) Descrip�on, quan�ty, unit of measure, unit price and extended price of supplies delivered or services performed;

(5) Shipping and payment terms (e.g. shipment number and date of shipment, prompt payment discount terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading;

(6) Name and address to which payment is to be sent (which must be the same as that in the contract or on a proper no�ce of assignment);

(7) Name, �tle, phone number and mailing address of person to be no�fied in event of a defec�ve invoice; and

(8) Any other informa�on or documenta�on required by other provisions of the contract (such as evidence of shipment).

(9) Invoices shall be prepared and submited in five (5) copies (one copy of the invoice shall be marked “Original”) unless otherwise specified.

(e) Procedures for Payment by ROK MND:

(1) The Contractor shall forward to the Contrac�ng Officer’s Representa�ve (COR), for cer�fica�on of inspec�on and acceptance, all invoices in five (5) copies.

(2) If the contractor doesn’t receive payment within 35 days of the government’s receipt of the invoices, the contractor should contact the COR.

(f) Payment Addresses:

ROK Ministry of Na�onal Defense

Defense Logis�cs Agency (DLA)

Seoul, Korea

5152.229-4012 TAX EXEMPTION, CUSTOMS, REPUBLIC OF KOREA

(a) EXEMPTION: This clause is in implementa�on of Ar�cle IX of the Status of Forces Agreement between the Republic of Korea and the United States of America gran�ng contractors exemp�on from Republic of Korea customs du�es and other such charges. At the �me this contract is awarded, the Contractor shall cer�fy to the Contrac�ng Officer that all materials, supplies, and equipment to be imported for the contract have been proposed no customs whatsoever. It shall indicate to the Contrac�ng Officer the total amount of customs duty that would otherwise be applicable to the contract and will issue USFK Form(s) 75 to the Contractor.

The contractor will submit the original USFK Form 75 to the governing ROK Customs Office at the �me of import declara�on. The Chief of the Customs Office will review the USFK Form 75 and will exempt the Contractor from customs du�es and other such charges. During the review process the customs office will post on the Contractor's Import Permit the an�cipated submission date for a completed USFK Form 76, which will be prepared by the Contrac�ng Officer and given to the contractor immediately a�er contract performance. The Contractor will submit the original USFK Form 76 to the governing ROK Customs Office no later than the date posted on the Import Permit. If the USFK Form 76 is not submited by the an�cipated date, the ROK Customs Office will immediately collect the customs du�es and other such charges previously exempted.

(b) If for any reason the Contractor has paid customs du�es on materials, supplies, or equipment prior to award of this contract and desires to use such materials, supplies, or equipment for performance of this contract, the Contractor must exclude such du�es from the contract price and may obtain refund of such previously paid du�es by submi�ng a completed USFK Form 76 to the governing ROK Customs Office.

(c) Refund: Any Contractor that requires refund of customs du�es and other such charges on items used for USFK contracts, can claim refund of such charges by submi�ng a copy of a completed USFK Form 76 to the governing ROK Customs Office.

(d) This en�re clause is inapplicable to contracts, or any por�ons of contracts, funded by the Republic of Korea.

(End of Provision)

ELIGIBILITY FOR AWARD OF ROK MND CONTRACTS

(a) This solicita�on is conducted under the LCS program and will result in a contract between the Government of the Republic of Korea (ROK) and the contractor. ROK will directly pay the contractor. No appropriated funds of the United States (US) shall be obligated for payment due under a contract resul�ng from this solicita�on.

(b) In accordance with the Interna�onal Agreement between the US and ROK, �tled “Implementa�on Arrangement for the Special Measures Agreement” (hereina�er “Interna�onal Agreement”), signed by the par�es in 2019:

The par�es hereby agree that all LCS work must be accomplished in the ROK or its territorial waters and that all equipment and supplies that are to be acquired with ROK Government funds shall be manufactured in the ROK, and all LCS service work shall be carried out by Korean contractor(s), the Korea Railroad Corpora�on, or the ROK military.

The term ‘Korean contractor” in implemen�ng the LCS program in Sec�on V, Paragraph 3 (of the 2019 SMA IA) is defined as follows:

1. An en�ty, that, including its parent, is a domes�c corpora�on under the Korean Corpora�on Tax Act and whose domes�c status is recorded in the Cer�fied Copy of Register or its successor document. A parent is defined as an en�ty that holds more than 50/100 of the total issued and outstanding shares in another company, as reflected in the Stock Change Cer�ficate; or

2. An individual who has Korean na�onality.

(c) In order to establish eligibility for a LCS contract, the offeror shall submit the documents listed below with their proposal prior to the closing date/�me established in the solicita�on.

The contrac�ng officer will determine the offeror’s eligibility status as a Korean contractor solely on the basis of these documents.

(1) Prime Contractor Registra�on: The offeror shall submit its Cer�fied Copy of Register (등기부

등본 (유효사항)), as cer�fied and submited to the ROK Supreme Court (대법원). In order to qualify as a Korean Contractor, the fourth block of the offeror's Cer�fied Copy of Register

[등기부 등본 (유효사항)] must state an address that is physically located in the Republic of Korea.

(2) Prime Contractor Stock Change Cer�fica�on: The offeror shall submit its most recent Stock

Change Cer�ficate (주식 변동 상황 명세서), as cer�fied and submited to the ROK Local Tax

Office (국세청). The prime contractor’s Stock Change Cer�ficate (주식 변동 상황 명세서) will be evaluated to determine if the prime contractor has a Parent (as defined in the Interna�onal Agreement extract above).

(3) If the Prime Contractor has a Parent, the offeror shall submit the Parent’s Cer�fied Copy of

Register (등기부등본 (유효사항)) as cer�fied and submited to the ROK Supreme Court

(대법원). In order for the Prime Contractor to qualify as a Korean Contractor, the fourth block of the offeror’s Parent’s Cer�fied Copy of Register (등기부 등본 (유효사항)) must state an address that is physically located in the Republic of Korea.

(4) To validate if an individual is “Korean na�onality”, the following documents shall be submited:

• Business Registra�on (사업자 등록증)

• Basic Cer�ficate (기본 증명서)

• Cer�ficate of Business Fact (사업사실증명서)

(Issued by Na�onal Tax Service showing partnership/owners, shares, and date when the business was jointly owned)

(d) To summarize the requirements stated above:

(1) An offeror that does not have a “Parent” will submit 2 documents to establish that the offeror is a Korean Contractor: 1) Offeror's Cer�fied Copy of Register, and 2) Offeror's Stock Change Cer�ficate.

(2) An offeror that does have a “Parent” will submit 3 documents to establish that the offeror is a Korean Contractor: 1) Offeror's Cer�fied Copy of Register, 2) Offeror's Stock Change Cer�ficate, and 3) Parent's Cer�fied Copy of Register.

(3) An Offeror that does not have Stock Change Cer�ficate will submit: 1) Business Registra�on,

2) Basic Cer�ficate, and 3) Cer�ficate of Business Fact.

The following Federal Acquisitions Regulations (FAR) and supplement clauses and provisions apply to this acquisition:

FAR 52.232-18 Availability of Funds: Funds are not presently available for this contract. The Government’s obliga�on under this contract is con�ngent upon the availability of funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise un�l funds are made available to the Contrac�ng

Officer for this contract and un�l the Contractor receives no�ce of such availability, to be confirmed in wri�ng by the Contrac�ng Officer.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicita�on incorporates one or more solicita�on provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contrac�ng Officer will make their full text available. The offeror is cau�oned that the listed provisions may include blocks that must be completed by the offeror and submited with its quota�on or offer. In lieu of submi�ng the full text of those provisions, the offeror may iden�fy the provision by paragraph iden�fier and provide the appropriate informa�on with its quota�on or offer. Also, the full text of a solicita�on provision may be accessed electronically at this/these address(es):

htps://www.acquisi�on.gov/browse/index/far

(End of Provision)

52.204-24 Representa�on Regarding Certain Telecommunica�ons and Video Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representa�on at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunica�ons equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunica�ons Equipment or Services—Representa�on, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representa�ons and Cer�fica�ons- Commercial Products or Commercial Services. The Offeror shall not complete the representa�on in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunica�ons equipment or services, or any equipment, system, or service that uses covered telecommunica�ons equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Defini�ons. As used in this provision—

Backhaul, covered telecommunica�ons equipment or services, cri�cal technology, interconnec�on arrangements, reasonable inquiry, roaming, and substan�al or essen�al component have the meanings provided in the clause 52.204-25, Prohibi�on on Contrac�ng for Certain Telecommunica�ons and Video Surveillance Services or Equipment.

(b) Prohibi�on. (1) Sec�on 889(a)(1)(A) of the John S. McCain Na�onal Defense Authoriza�on Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an execu�ve agency on or a�er August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunica�ons equipment or services as a substan�al or essen�al component of any system, or as cri�cal technology as part of any system. Nothing in the prohibi�on shall be construed to—

(i) Prohibit the head of an execu�ve agency from procuring with an en�ty to provide a service that connects to the facili�es of a third-party, such as backhaul, roaming, or interconnec�on arrangements; or

(ii) Cover telecommunica�ons equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Sec�on 889(a)(1)(B) of the John S. McCain Na�onal Defense Authoriza�on Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an execu�ve agency on or a�er August 13, 2020, from entering into a contract or extending or renewing a contract with an en�ty that uses any equipment, system, or service that uses covered telecommunica�ons equipment or services as a substan�al or essen�al component of any system, or as cri�cal technology as part of any system. This prohibi�on applies to the use of covered telecommunica�ons equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibi�on shall be construed to—

(i) Prohibit the head of an execu�ve agency from procuring with an en�ty to provide a service that connects to the facili�es of a third-party, such as backhaul, roaming, or interconnec�on arrangements; or

(ii) Cover telecommunica�ons equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded par�es in the System for Award Management (SAM) ( htps://www.sam.gov) for en��es excluded from receiving federal awards for "covered telecommunica�ons equipment or services".

(d) Representa�on. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunica�ons equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resul�ng from this solicita�on. The Offeror shall provide the addi�onal disclosure informa�on required at paragraph (e)(1) of this sec�on if the Offeror responds "will" in paragraph (d)(1) of this sec�on; and

(2) A�er conduc�ng a reasonable inquiry, for purposes of this representa�on, the Offeror represents that—

It □ does, □ does not use covered telecommunica�ons equipment or services, or use any equipment, system, or service that uses covered telecommunica�ons equipment or services.

The Offeror shall provide the addi�onal disclosure informa�on required at paragraph (e)(2) of this sec�on if the Offeror responds "does" in paragraph (d)(2) of this sec�on.

(e) Disclosures. (1) Disclosure for the representa�on in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representa�on in paragraph (d)(1) of this provision, the Offeror shall provide the following informa�on as part of the offer:

(i) For covered equipment—

(A) The en�ty that produced the covered telecommunica�ons equipment (include en�ty name, unique en�ty iden�fier, CAGE code, and whether the en�ty was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A descrip�on of all covered telecommunica�ons equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item descrip�on, as applicable); and

(C) Explana�on of the proposed use of covered telecommunica�ons equipment and any factors relevant to determining if such use would be permissible under the prohibi�on in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A descrip�on of all covered telecommunica�ons services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item descrip�on, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explana�on of the proposed use of covered telecommunica�ons services and any factors relevant to determining if such use would be permissible under the prohibi�on in paragraph (b)(1) of this provision.

(2) Disclosure for the representa�on in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representa�on in paragraph (d)(2) of this provision, the Offeror shall provide the following informa�on as part of the offer:

(i) For covered equipment—

(A) The en�ty that produced the covered telecommunica�ons equipment (include en�ty name, unique en�ty iden�fier, CAGE code, and whether the en�ty was the OEM or a distributor, if known);

(B) A descrip�on of all covered telecommunica�ons equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item descrip�on, as applicable); and

(C) Explana�on of the proposed use of covered telecommunica�ons equipment and any factors relevant to determining if such use would be permissible under the prohibi�on in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A descrip�on of all covered telecommunica�ons services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item descrip�on, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explana�on of the proposed use of covered telecommunica�ons services and any factors relevant to determining if such use would be permissible under the prohibi�on in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 Covered Telecommunica�ons Equipment or Services-Representa�on (Oct 2020)

(a) Defini�ons. As used in this provision, "covered telecommunica�ons equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibi�on on Contrac�ng for Certain Telecommunica�ons and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded par�es in the System for Award Management (SAM) ( htps://www.sam.gov) for en��es excluded from receiving federal awards for "covered telecommunica�ons equipment or services".

(c) (1) Representa�on. The Offeror represents that it □ does, □ does not provide covered telecommunica�ons equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) A�er conduc�ng a reasonable inquiry for purposes of this representa�on, the offeror represents that it □ does, □ does not use covered telecommunica�ons equipment or services, or any equipment, system, or service that uses covered telecommunica�ons equipment or services.

(End of provision)

52.212-1 Instruc�ons to Offerors—Commercial Products and Commercial Services (Sep 2023)

(a) North American Industry Classifica�on System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisi�on appear elsewhere in the solicita�on. However, the small business size standard for a concern that submits an offer, other than on a construc�on or service acquisi�on, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for informa�on technology value-added resellers under NAICS code 541519, if the acquisi�on—

(1)Is set aside for small business and has a value above the simplified acquisi�on threshold;

(2)Uses the HUBZone price evalua�on preference regardless of dollar value, unless the offeror waives the price evalua�on preference; or

(3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicita�on at or before the exact �me specified in this solicita�on. Offers may be submited on the SF 1449, leterhead sta�onery, or as otherwise specified in the solicita�on. As a minimum, offers must show—

(1) The solicita�on number;

(2) The �me specified in the solicita�on for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical descrip�on of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicita�on. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representa�ons and cer�fica�ons at Federal Acquisi�on Regula�on (FAR) 52.212-3 (see FAR 52.212-3(b) for those representa�ons and cer�fica�ons that the offeror shall complete electronically);

(9) Acknowledgment of Solicita�on Amendments;

(10) Past performance informa�on, when included as an evalua�on factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant informa�on); and

(11) If the offer is not submited on the SF 1449, include a statement specifying the extent of agreement with all terms, condi�ons, and provisions included in the solicita�on. Offers that fail to furnish required representa�ons or informa�on, or reject the terms and condi�ons of the solicita�on may be excluded from considera�on.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another �me period is specified in an addendum to the solicita�on.

(d) Product samples. When required by the solicita�on, product samples shall be submited at or prior to the �me specified for receipt of offers. Unless otherwise specified in this solicita�on, these samples shall be submited at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward tes�ng.

(e) Mul�ple offers. Offerors are encouraged to submit mul�ple offers presen�ng alterna�ve terms and condi�ons, including alterna�ve line items (provided that the alterna�ve line items are consistent with FAR subpart 4.10), or alterna�ve commercial products or commercial services for sa�sfying the requirements of this solicita�on. Each offer submited will be evaluated separately.

(f) Late submissions, modifica�ons, revisions, and withdrawals of offers. (1) Offerors are responsible for submi�ng offers, and any modifica�ons, revisions, or withdrawals, so as to reach the Government office designated in the solicita�on by the �me specified in the solicita�on. If no �me is specified in the solicita�on, the �me for receipt is 4:30 p.m., local �me, for the designated Government office on the date that offers or revisions are due.

(2) (i) Any offer, modifica�on, revision, or withdrawal of an offer received at the Government office designated in the solicita�on a�er the exact �me specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contrac�ng Officer determines that accep�ng the late offer would not unduly delay the acquisi�on; and-

(A) If it was transmited through an electronic commerce method authorized by the solicita�on, it was received at the ini�al point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installa�on designated for receipt of offers and was under the Government’s control prior to the �me set for receipt of offers; or

(C) If this solicita�on is a request for proposals, it was the only proposal received.

(ii) However, a late modifica�on of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any �me it is received and may be accepted.

(3) Acceptable evidence to establish the �me of receipt at the Government installa�on includes the �me/date stamp of that installa�on on the offer wrapper, other documentary evidence of receipt maintained by the installa�on, or oral tes�mony or statements of Government personnel.

(4) If an emergency or unan�cipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact �me specified in the solicita�on, and urgent Government requirements preclude amendment of the solicita�on or other no�ce of an extension of the closing date, the �me specified for receipt of offers will be deemed to be extended to the same �me of day specified in the solicita�on on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by writen no�ce received at any �me before the exact �me set for receipt of offers. Oral offers in response to oral solicita�ons may be withdrawn orally. If the solicita�on authorizes facsimile offers, offers may be withdrawn via facsimile received at any �me before the exact �me set for receipt of offers, subject to the condi�ons specified in the solicita�on concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representa�ve if, before the exact �me set for receipt of offers, the iden�ty of the person reques�ng withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invita�on for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s ini�al offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contrac�ng Officer to be necessary. The Government may reject any or all offers if such ac�on is in the public interest; accept other than the lowest offer; and waive informali�es and minor irregulari�es in offers received.

(h) Mul�ple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limita�ons. Unless otherwise provided in the Schedule, offers may not be submited for quan��es less than those specified. The Government reserves the right to make an award on any item for a quan�ty less than the quan�ty offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicita�on.

(1) (i) The GSA Index of Federal Specifica�ons, Standards and Commercial Item Descrip�ons, FPMR Part 101–29, and copies of Federal specifica�ons, standards, and product descrip�ons can be downloaded from the ASSIST website at htps://assist.dla.mil.

(ii) If the General Services Administra�on, Department of Agriculture, or Department of Veterans Affairs issued this solicita�on, a copy of specifica�ons, standards, and commercial item descrip�ons cited in this solicita�on may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifica�ons and standards may be downloaded from the ASSIST website at htps://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardiza�on Program Office by—

(i) Using the ASSIST feedback module ( htps://assist.dla.mil/feedback); or

(ii) Contac�ng the Defense Standardiza�on Program Office by telephone at 571–767–6688 or email at assisthelp@dla.mil.

(4) Nongovernment (voluntary) standards must be obtained from the organiza�on responsible for their prepara�on, publica�on, or maintenance.

(j) Unique en�ty iden�fier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicita�on requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annota�on "Unique En�ty Iden�fier" followed by the unique en�ty iden�fier that iden�fies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable.

The EFT indicator is a four-character suffix to the unique en�ty iden�fier. The suffix is assigned at the discre�on of the Offeror to establish addi�onal SAM records for iden�fying alterna�ve EFT accounts (see FAR subpart 32.11) for the same en�ty. If the Offeror does not have a unique en�ty iden�fier, it should contact the en�ty designated at www.sam.gov for unique en�ty iden�fier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contac�ng the en�ty designated at www.sam.gov for establishing the unique en�ty iden�fier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to reques�ng offerors, the Government shall disclose the following informa�on, if applicable:

(1) The agency’s evalua�on of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical ra�ng of the successful and the debriefed offeror and past performance informa�on on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selec�on.

(4) A summary of the ra�onale for award;

(5) For acquisi�ons of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant ques�ons posed by the debriefed offeror as to whether source-selec�on procedures set forth in the solicita�on, applicable regula�ons, and other applicable authori�es were followed by the agency.

(End of provision)

52.212-2 Evalua�on—Commercial Products and Commercial Services (Nov 2021)

(a) The Government will award a contract resul�ng from this solicita�on to the responsible offeror whose offer conforming to the solicita�on will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

SEE ADDENDUM TO FAR 52.212-2 FOR BASIS OF AWARD

Technical and past performance, when combined, are __________ [Contrac�ng Officer state, in accordance with FAR 15.304, the rela�ve importance of all other evalua�on factors, when combined, when compared to price.]

(b) Op�ons. The Government will evaluate offers for award purposes by adding the total price for all op�ons to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the op�on prices are significantly unbalanced. Evalua�on of op�ons shall not obligate the Government to exercise the op�on(s).

(c) A writen no�ce of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the �me for acceptance specified in the offer, shall result in a binding contract without further ac�on by either party. Before the offer’s specified expira�on �me, the Government may accept an offer (or part of an offer), whether or not there are nego�a�ons a�er its receipt, unless a writen no�ce of withdrawal is received before award.

(End of provision)

52.212-4 Contract Terms and Condi�ons—Commercial Products and Commercial Services (Nov 2023)

52.212-5 Contract Terms and Condi�ons Required To Implement Statutes or Execu�ve Orders—Commercial Products and Commercial Services (Nov 2024)

(a) The Contractor shall comply with the following Federal Acquisi�on Regula�on (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Execu�ve orders applicable to acquisi�ons of commercial products and commercial services:

(1) 52.203-19, Prohibi�on on Requiring Certain Internal Confiden�ality Agreements or Statements (Jan 2017) (sec�on 743 of Division E, Title VII, of the Consolidated and Further Con�nuing Appropria�ons Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropria�ons acts (and as extended in con�nuing resolu�ons)).

(2) 52.204-23, Prohibi�on on Contrac�ng for Hardware, So�ware, and Services Developed or Provided by Kaspersky Lab Covered En��es (Dec 2023) (Sec�on 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibi�on on Contrac�ng for Certain Telecommunica�ons and Video Surveillance Services or Equipment. (Nov 2021) (Sec�on 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibi�on on Contrac�ng with Inverted Domes�c Corpora�ons (Nov 2015).

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

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

(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contrac�ng Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Execu�ve orders applicable to acquisi�ons of commercial products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restric�ons on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

__ (3) 52.203-15, Whistleblower Protec�ons under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Sec�on 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

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

__ (5) 52.204-10, Repor�ng Execu�ve Compensa�on and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Repor�ng Requirements (Oct 2016) (Pub. L. 111-117, sec�on 743 of Div. C).

__ (8) 52.204-15, Service Contract Repor�ng Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, sec�on 743 of Div. C).

_X_ (9) 52.204-27, Prohibi�on on a ByteDance Covered Applica�on (Jun 2023) (Sec�on 102 of Division R of Pub. L. 117-328).

__ (10) 52.204-28, Federal Acquisi�on Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisi�on Contracts, and Mul�-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, �tle II).

__ (11) (i) 52.204-30, Federal Acquisi�on Supply Chain Security Act Orders—Prohibi�on. (Dec 2023) ( Pub. L. 115–390, �tle II).

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

__ (12) 52.209-6, Protec�ng the Government’s Interest When Subcontrac�ng with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

__ (13) 52.209-9, Updates of Publicly Available Informa�on Regarding Responsibility Maters (Oct 2018) ( 41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, No�ce of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C.

657a).

__ (16) 52.219-4, No�ce of Price Evalua�on Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

__ (17) [Reserved]

__ (18) (i) 52.219-6, No�ce of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (19) (i) 52.219-7, No�ce of Par�al Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (20) 52.219-8, U�liza�on of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontrac�ng Plan (Sep 2023) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2023) of 52.219-9.

__ (22) (i) 52.219-13, No�ce of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (23) 52.219-14, Limita�ons on Subcontrac�ng (Oct 2022) (15 U.S.C. 657s).

__ (24) 52.219-16, Liquidated Damages—Subcontrac�ng Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

__ (25) 52.219-27, No�ce of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran- Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).

__ (26) (i) 52.219-28, Post Award Small Business Program Rerepresenta�on (Feb 2024) (15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (27) 52.219-29, No�ce of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (28) 52.219-30, No�ce of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C.

644(r)).

__ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15 U.S.C. 637(a)(17)).

__ (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (32) 52.222-19, Child Labor-Coopera�on with Authori�es and Remedies (Feb 2024).

__ (33) 52.222-21, Prohibi�on of Segregated Facili�es (Apr 2015).

__ (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

__ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabili�es (Jun 2020) ( 29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

__ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212).

__ (38) 52.222-40, No�fica�on of Employee Rights Under the Na�onal Labor Rela�ons Act (Dec 2010) (E.O. 13496).

_X_ (39) (i) 52.222-50, Comba�ng Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (40) 52.222-54, Employment Eligibility Verifica�on (May 2022) (Execu�ve Order 12989). (Not applicable to the acquisi�on of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41) (i) 52.223-9, Es�mate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisi�on of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisi�on of commercially available off-the-shelf items.)

__ (42) 52.223-11, Ozone-Deple�ng Substances and High Global Warming Poten�al Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigera�on Equipment and Air Condi�oners (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (44) 52.223-20, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (45) 52.223-21, Foams (May 2024) ( 42 U.S.C. 7671, et seq.).

__ (46) 52.223-23, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) ( 5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C.

chapter 29 (sec�ons 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109- 53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (Feb 2024) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (51) 52.225-13, Restric�ons on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclama�ons, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Func�ons Outside the United States (Oct 2016) (Sec�on 862, as amended, of the Na�onal Defense Authoriza�on Act for Fiscal Year 2008; 10 U.S.C. Sub�tle A, Part V, Subpart G Note).

__ (53) 52.226-4, No�ce of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restric�ons on Subcontrac�ng Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_X_ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) ( E.O. 13513).

__ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a).

__ (63) 52.240-1, Prohibi�on on Unmanned Aircra� Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign En��es (Nov 2024) (Sec�ons 1821-1826, Pub. L.

118-31, 41 U.S.C. 3901 note prec.).

__ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Nov 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contrac�ng Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Execu�ve orders applicable to acquisi�ons of commercial products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Mul�ple Year and Op�on Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemp�on from Applica�on of the Service Contract Labor Standards to Contracts for Maintenance, Calibra�on, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemp�on from Applica�on of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41…