Solicitation Amendment - W9114F26QA0020001 Conformed.pdf

WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

calls)

Solicitation/Contract Form Continuation

Dry Ice Deliveries for the Landstuhl Regional Medical Center (LRMC)

Product Service Code: 6835

W9114F26QA0020001

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

Dry Ice Nuggets (Solid-State CO2) Dry ice with a diameter of 3 mm to 16 mm in the form of pellets or nuggets.

See Addendum to 52.212-1 for Instructions to Offerors.

Funds are not presently available for this acquisition.

Generic Name Description: Dry Ice Nuggets Product Service Code: 6835 Pricing Arrangement: Firm Fixed Price

41,600 Kilogram

Additional Descriptive Data:

Provide weekly dry ice deliveries of 800 kg (net weight) in reusable hard-shell containers.

Preferred delivery day/time is Monday 0900, excluding German and US holidays, which then fall on the next working day.

Maximum size per shipping container is 300 kg (net weight).

Delivered dry ice shall be independently unloaded at the delivery address below.

All unloading equipment, personnel and delivery note shall be provided by supplier.

Commercial shipment included at no additional cost to the following location:

Landstuhl Regional Medical Center (LRMC) Department of Pathology and Area Laboratory Services (DPALS)

BLDG 3711

66849 Landstuhl, Germany Delivery Period: 1 October 2025 - 30 September 2026

Option Line Item

Dry Ice Nuggets (Solid-State CO2) Dry ice with a diameter of 3 mm to 16 mm in the form of pellets or nuggets.

Generic Name Description: Dry Ice Nuggets Product Service Code: 6835 Pricing Arrangement: Firm Fixed Price

41,600 Kilogram

Additional Descriptive Data:

Provide weekly dry ice deliveries of 800 kg (net weight) in reusable hard-shell containers.

Preferred delivery day/time is Monday 0900, excluding German and US holidays, which then fall on the next working day.

Maximum size per shipping container is 300 kg (net weight).

Delivered dry ice shall be independently unloaded at the delivery address below.

All unloading equipment, personnel and delivery note shall be provided by supplier.

Commercial shipment included at no additional cost to the following location:

Landstuhl Regional Medical Center (LRMC) Department of Pathology and Area Laboratory Services (DPALS)

BLDG 3711

66849 Landstuhl, Germany Delivery Period: 1 October 2026 - 30 September 2027

Option Line Item

Dry Ice Nuggets (Solid-State CO2) Dry ice with a diameter of 3 mm to 16 mm in the form of pellets or nuggets.

Generic Name Description: Dry Ice Nuggets Product Service Code: 6835 Pricing Arrangement: Firm Fixed Price

41,600 Kilogram

Additional Descriptive Data:

Provide weekly dry ice deliveries of 800 kg (net weight) in reusable hard-shell containers.

Preferred delivery day/time is Monday 0900, excluding German and US holidays, which then fall on the next working day.

Maximum size per shipping container is 300 kg (net weight).

Delivered dry ice shall be independently unloaded at the delivery address below.

All unloading equipment, personnel and delivery note shall be provided by supplier.

Commercial shipment included at no additional cost to the following location:

Landstuhl Regional Medical Center (LRMC) Department of Pathology and Area Laboratory Services (DPALS)

BLDG 3711

66849 Landstuhl, Germany Delivery Period: 1 October 2027 - 30 September 2028

Option Line Item

Dry Ice Nuggets (Solid-State CO2) Dry ice with a diameter of 3 mm to 16 mm in the form of pellets or nuggets.

Generic Name Description: Dry Ice Nuggets Product Service Code: 6835 Pricing Arrangement: Firm Fixed Price

41,600 Kilogram

Additional Descriptive Data:

Provide weekly dry ice deliveries of 800 kg (net weight) in reusable hard-shell containers.

Preferred delivery day/time is Monday 0900, excluding German and US holidays, which then fall on the next working day.

Maximum size per shipping container is 300 kg (net weight).

Delivered dry ice shall be independently unloaded at the delivery address below.

All unloading equipment, personnel and delivery note shall be provided by supplier.

Commercial shipment included at no additional cost to the following location:

Landstuhl Regional Medical Center (LRMC) Department of Pathology and Area Laboratory Services (DPALS)

BLDG 3711

66849 Landstuhl, Germany Delivery Period: 1 October 2028 - 30 September 2029

Dry Ice Nuggets (Solid-State CO2) Dry ice with a diameter of 3 mm to 16 mm in the form of pellets or nuggets. 41,600 Kilogram

Option Line Item

Generic Name Description: Dry Ice Nuggets Product Service Code: 6835 Pricing Arrangement: Firm Fixed Price

Additional Descriptive Data:

Provide weekly dry ice deliveries of 800 kg (net weight) in reusable hard-shell containers.

Preferred delivery day/time is Monday 0900, excluding German and US holidays, which then fall on the next working day.

Maximum size per shipping container is 300 kg (net weight).

Delivered dry ice shall be independently unloaded at the delivery address below.

All unloading equipment, personnel and delivery note shall be provided by supplier.

Commercial shipment included at no additional cost to the following location:

Landstuhl Regional Medical Center (LRMC) Department of Pathology and Area Laboratory Services (DPALS)

BLDG 3711

66849 Landstuhl, Germany Delivery Period: 1 October 2029 - 30 September 2030

Continuation of Description

Requirements Weekly Dry Ice Deliveries for the Landstuhl Regional Medical Center (LRMC)

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: Weekly deliveries of Dry Ice to the Landstuhl Regional Medical Center.

Maximum size per shipping container is 300 kg (net weight).

Delivered dry ice shall be independently unloaded at the delivery address below.

All unloading equipment, personnel and delivery note shall be provided by supplier.

Commercial shipment included at no additional cost to the following location:

Landstuhl Regional Medical Center (LRMC) Department of Pathology and Area Laboratory Services (DPALS)

BLDG 3711

66849 Landstuhl, Germany

DoDAAC: HT0880

LANDSTUHL RMC - MM

KIRCHBERG KASERNE BLDG 3740, LANDSWEILER STRASSE

LANDSTUHL 66849

GERMANY

Ms. Shea Weidman Email: Shea.N.Weidman.civ@health.mil Telephone: +49 6371 9464 7487 or DSN (314) 590-7487

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Weekly deliveries of Dry Ice to the Landstuhl Regional Medical Center.

Maximum size per shipping container is 300 kg (net weight).

Delivered dry ice shall be independently unloaded at the delivery address below.

All unloading equipment, personnel and delivery note shall be provided by supplier.

Commercial shipment included at no additional cost to the following location:

Landstuhl Regional Medical Center (LRMC) Department of Pathology and Area Laboratory Services (DPALS)

BLDG 3711

66849 Landstuhl, Germany

DoDAAC: HT0880

LANDSTUHL RMC - MM

KIRCHBERG KASERNE BLDG 3740, LANDSWEILER STRASSE

LANDSTUHL 66849

GERMANY

Ms. Shea Weidman Email: Shea.N.Weidman.civ@health.mil Telephone: +49 6371 9464 7487 or DSN (314) 590-7487

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Weekly deliveries of Dry Ice to the Landstuhl Regional Medical Center.

Maximum size per shipping container is 300 kg (net weight).

Delivered dry ice shall be independently unloaded at the delivery address below.

All unloading equipment, personnel and delivery note shall be provided by supplier.

Commercial shipment included at no additional cost to the following location:

Landstuhl Regional Medical Center (LRMC) Department of Pathology and Area Laboratory Services (DPALS)

BLDG 3711

66849 Landstuhl, Germany

DoDAAC: HT0880

LANDSTUHL RMC - MM

KIRCHBERG KASERNE BLDG 3740, LANDSWEILER STRASSE

LANDSTUHL 66849

GERMANY

Ms. Shea Weidman Email: Shea.N.Weidman.civ@health.mil Telephone: +49 6371 9464 7487 or DSN (314) 590-7487

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Weekly deliveries of Dry Ice to the Landstuhl Regional Medical Center.

Maximum size per shipping container is 300 kg (net weight).

Delivered dry ice shall be independently unloaded at the delivery address below.

All unloading equipment, personnel and delivery note shall be provided by supplier.

Commercial shipment included at no additional cost to the following location:

Landstuhl Regional Medical Center (LRMC) Department of Pathology and Area Laboratory Services (DPALS)

BLDG 3711

66849 Landstuhl, Germany

DoDAAC: HT0880

LANDSTUHL RMC - MM

KIRCHBERG KASERNE BLDG 3740, LANDSWEILER STRASSE

LANDSTUHL 66849

GERMANY

Ms. Shea Weidman Email: Shea.N.Weidman.civ@health.mil Telephone: +49 6371 9464 7487 or DSN (314) 590-7487

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: Weekly deliveries of Dry Ice to the Landstuhl Regional Medical Center.

Maximum size per shipping container is 300 kg (net weight).

Delivered dry ice shall be independently unloaded at the delivery address below.

All unloading equipment, personnel and delivery note shall be provided by supplier.

Commercial shipment included at no additional cost to the following location:

Landstuhl Regional Medical Center (LRMC) Department of Pathology and Area Laboratory Services (DPALS)

BLDG 3711

66849 Landstuhl, Germany

DoDAAC: HT0880

LANDSTUHL RMC - MM

KIRCHBERG KASERNE BLDG 3740, LANDSWEILER STRASSE

LANDSTUHL 66849

GERMANY

Ms. Shea Weidman

Email: Shea.N.Weidman.civ@health.mil Telephone: +49 6371 9464 7487 or DSN (314) 590-7487

Continuation of Deliveries or Performance

Delivery Period Delivery Date 01 Oct 2025

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Line Item Delivery Schedule Quantity Address and POC Special Handling/Notes

Partial Delivery Schedule Delivery Period From 01 Oct 2025 to 30 Sep 2026 41,600 Kilogram

41,600 Kilogram

Ship To DoDAAC: HT0880

LANDSTUHL RMC - MM

KIRCHBERG KASERNE BLDG 3740,

LANDSWEILER STRASSE

LANDSTUHL 66849

GERMANY

Ms. Shea Weidman Email: Shea.N.Weidman.civ@health.mil Telephone: +49 6371 9464 7487 or DSN

(314) 590-7487

FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Option Line Item

Partial Delivery Schedule Delivery Period From 01 Oct 2026 to 30 Sep 2027 41,600 Kilogram

41,600 Kilogram

Ship To DoDAAC: HT0880

LANDSTUHL RMC - MM

KIRCHBERG KASERNE BLDG 3740,

LANDSWEILER STRASSE

LANDSTUHL 66849

GERMANY

Ms. Shea Weidman Email: Shea.N.Weidman.civ@health.mil Telephone: +49 6371 9464 7487 or DSN

(314) 590-7487

FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Option Line Item

Partial Delivery Schedule Delivery Period From 01 Oct 2027 to 30 Sep 2028 41,600 Kilogram

41,600 Kilogram

Ship To DoDAAC: HT0880

LANDSTUHL RMC - MM

KIRCHBERG KASERNE BLDG 3740,

LANDSWEILER STRASSE

LANDSTUHL 66849

GERMANY

Ms. Shea Weidman Email: Shea.N.Weidman.civ@health.mil Telephone: +49 6371 9464 7487 or DSN

(314) 590-7487

FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Option Line Item

Partial Delivery Schedule Delivery Period From 01 Oct 2028 to 30 Sep 2029 41,600 Kilogram

41,600 Kilogram

Ship To DoDAAC: HT0880

LANDSTUHL RMC - MM

KIRCHBERG KASERNE BLDG 3740,

LANDSWEILER STRASSE

LANDSTUHL 66849

GERMANY

Ms. Shea Weidman

FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Email: Shea.N.Weidman.civ@health.mil Telephone: +49 6371 9464 7487 or DSN

(314) 590-7487

Option Line Item

Partial Delivery Schedule Delivery Period From 01 Oct 2029 to 30 Sep 2030 41,600 Kilogram

41,600 Kilogram

Ship To DoDAAC: HT0880

LANDSTUHL RMC - MM

KIRCHBERG KASERNE BLDG 3740,

LANDSWEILER STRASSE

LANDSTUHL 66849

GERMANY

Ms. Shea Weidman Email: Shea.N.Weidman.civ@health.mil Telephone: +49 6371 9464 7487 or DSN

(314) 590-7487

FoB Details

Party to Pay Transportation Cost: Contractor

Point Type: Destination

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.229-12 Tax on Certain Foreign Procurements. Feb 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024

FAR Clauses Incorporated by Full Text

52.203-3 Gratuities. (Apr 1984)

GRATUITIES (APR 1984)

The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee (a) determines that the Contractor, its agent, or another representative-

Offered or gave a gratuity ( an entertainment or gift) to an officer, official, or employee of the Government; and(1) e.g., Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.(2)

The facts supporting this determination may be reviewed by any court having lawful jurisdiction.(b)

If this contract is terminated under paragraph (a) of this clause, the Government is entitled-(c)

To pursue the same remedies as in a breach of the contract; and(1)

In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the (2) Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This paragraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies (d) provided by law or under this contract.

(End of clause)

52.204-13 System for Award Management Maintenance. (Oct 2018)

SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2018)

Definitions. As used in this clause-(a) means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of Electronic Funds Transfer (EFT) indicator the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

means that-Registered in the System for Award Management (SAM)

The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the (1) Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;

The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in (2)

SAM;

The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal (3) Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

The Government has marked the record "Active".(4) means the primary Government repository for prospective Federal awardee and Federal awardee System for Award Management (SAM) information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes-

Data collected from prospective Federal awardees required for the conduct of business with the Government;(1)

Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and(2)

Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-(3) financial assistance and benefits.

means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.Unique entity identifier gov for the designated entity for establishing unique entity identifiers.

If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to (b) award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.

The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, (c) basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(d) (1) If a Contractor has legally changed its business name or "doing business as" name (whichever is shown on the contract), or has transferred (i) the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to-

Change the name in SAM;(A)

Comply with the requirements of subpart 42.12 of the FAR; and(B)

Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the (C) notification sufficient documentation to support the legally changed name.

If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(ii) (i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in SAM record to reflect an (2) assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the EFT clause of this contract.

The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the (3) unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.

Contractors may obtain additional information on registration and annual confirmation requirements at https://www.sam.gov.(e)

(End of clause)

52.204-18 Commercial and Government Entity Code Maintenance. (Aug 2020)

COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

As used in this clause-(a) Definition.

means-Commercial and Government Entity (CAGE) code

An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and (1) Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (2) (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Contractors shall ensure that the CAGE code is maintained throughout the life of the contract for each location of contract, including (b) subcontract, performance. For contractors registered in the System for Award Management (SAM), the DLA Commercial and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart 42.12.

The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA (c) Commercial and Government Entity (CAGE) Branch. Requests for changes shall be provided at https://cage.dla.mil. Change requests to the CAGE master file are accepted from the entity identified by the code.

Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National (d) Codification Bureau (points of contact available at http://www.nato.int/structur/AC/135/main/links/contacts.htm) or NSPA at https://eportal.nspa.nato.

int/AC135Public/scage/CageList.aspx to request CAGE changes.

Additional guidance for maintaining CAGE codes is available at https://cage.dla.mil.(e)

If the contract includes Federal Acquisition Regulation clause 52.204-2, Security Requirements, the contractor shall ensure that subcontractors (f) maintain their CAGE code(s) throughout the life of the contract.

(End of clause)

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. (Nov 2023)

CONTRACT TERMS AND CONDITIONS-COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) . The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Inspection/Acceptance Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) . The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, Assignment trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.

C. 3727). However, when a third party makes payment ( use of the Governmentwide commercial purchase card), the Contractor may not assign e.g., its rights to receive payment under this contract.

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

(d) . This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any Disputes request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

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

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

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause ( 52.232-33, Payment by e.g., Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

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

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at .5 CFR Part 1315

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

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

(2) . The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.3903) and prompt payment Prompt payment regulations at .5 CFR Part 1315

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

.(6) Interest All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date (i) due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

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

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

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

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

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

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

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

(A) The date fixed under this contract.

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

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

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

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

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

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

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

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

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

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

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

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

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

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

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

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

(r) The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use Compliance with laws unique to Government contracts.

of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) . Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:Order of precedence

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

Unauthorized Obligations.(u) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is (1) subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

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

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

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

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

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

(End of clause)

DFARS Clauses Incorporated by Full Text

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. (Sep 2011)

REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011)

(a) . "Covered DoD official," as used in this clause, means an individual that- Definition

(1) Leaves or left DoD service on or after January 28, 2008; and

(2)(i) Participated personally and substantially in an acquisition as defined in 41 U.S.C. 131 with a value in excess of $10 million, and serves or served-

(A) In an Executive Schedule position under subchapter II of chapter 53 of Title 5, United States Code;

(B) In a position in the Senior Executive Service under subchapter VIII of chapter 53 of Title 5, United States Code; or

(C) In a general or flag officer position compensated at a rate of pay for grade O-7 or above under section 201 of Title 37, United States Code; or

(ii) Serves or served in DoD in one of the following positions: program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board, or chief of a financial or technical evaluation team for a contract in an amount in excess of $10 million.

(b) The Contractor shall not knowingly provide compensation to a covered DoD official within 2 years after the official leaves DoD service, without first determining that the official has sought and received, or has not received after 30 days of seeking, a written opinion from the appropriate DoD ethics counselor regarding the applicability of post-employment restrictions to the activities that the official is expected to undertake on behalf of the Contractor.

(c) Failure by the Contractor to comply with paragraph (b) of this clause may subject the Contractor to rescission of this contract, suspension, or debarment in accordance with 41 U.S.C. 2105(c).

(End of clause)

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. (Dec 2022)

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(DEC 2022)

(a) The Contractor shall inform its employees in writing, in the predominant native language of the workforce, of contractor employee whistleblower rights and protections under 10 U.S.C. 4701, as described in subpart 203.9 of the Defense Federal Acquisition Regulation Supplement.

(b) The Contractor shall include the substance of this clause, including this paragraph (b), in all subcontracts.

(End of clause)

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

(Jan 2023)

PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2023)

(a) . As used in this clause- Definitions

"Covered defense telecommunications equipment or services" means-

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

(2) Telecommunications services provided by such entities or using such equipment; or

(3) Telecommunications equipment or services produced or provided by an entity that the Secretary of Defense reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

"Covered foreign country" means-

(1) The People's Republic of China; or

(2) The Russian Federation.

"Covered missions" means-

(1) The nuclear deterrence mission of DoD, including with respect to nuclear command, control, and communications, integrated tactical warning and attack assessment, and continuity of Government; or

(2) The homeland defense mission of DoD, including with respect to ballistic missile defense.

"Critical technology" means-

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

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

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

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

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

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

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

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

4817).

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

(b) . In accordance with section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91), the Prohibition contractor shall not provide to the Government any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless the covered defense telecommunication equipment or services are covered by a waiver described in Defense Federal Acquisition Regulation Supplement 204.2104.

(c) . The Contractor shall review the list of excluded parties in the System for Award Management (SAM) at Procedures https://www.sam.gov for entities that are excluded when providing any equipment, system, or service, to carry out covered missions, that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.

(d) . Reporting

(1) In the event the Contractor identifies covered defense telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, the Contractor shall report at https://dibnet.

the information in paragraph (d)(2) of this clause.dod.mil

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

(i) Within 3 business days from the date of such identification or notification: the contract number; the order number(s), if applicable;

supplier name; brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description;

and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 30 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered defense telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

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

(End of clause)

252.223-7008 Prohibition of Hexavalent Chromium. (Jan 2023)

PROHIBITION OF HEXAVALENT CHROMIUM (JAN 2023)

(a) . As used in this clause- Definitions

"Homogeneous material" means a material that cannot be mechanically disjointed into different materials and is of uniform composition throughout.

(1) Examples of homogeneous materials include individual types of plastics, ceramics, glass, metals, alloys, paper, board, resins, and surface coatings.

(2) Homogeneous material does not include conversion coatings that chemically modify the substrate.

"Mechanically disjointed" means that the materials can, in principle, be separated by mechanical actions such as unscrewing, cutting, crushing, grinding, and abrasive processes.

(b) . Prohibition

(1) Unless otherwise specified by the Contracting Officer, the Contractor shall not provide any deliverable or construction material under this contract that-

(i) Contains hexavalent chromium in a concentration greater than 0.1 percent by weight in any homogenous material; or

(ii) Requires the removal or reapplication of hexavalent chromium materials during subsequent sustainment phases of the deliverable or construction material.

(2) This prohibition does not apply to hexavalent chromium produced as a by-product of manufacturing processes.

(c) If authorization for incorporation of hexavalent chromium in a deliverable or construction material is required, the Contractor shall submit a request to the Contracting Officer.

(d) . The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts, including Subcontracts subcontracts for commercial products or commercial services, that are for supplies, maintenance and repair services, or construction materials.

252.225-7012 Preference for Certain Domestic Commodities. (Apr 2022)

PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (APR 2022)

(a) As used in this clause- Definitions.

"Component" means any item supplied to the Government as part of an end product or of another component.

"End product" means supplies delivered under a line item of this contract.

"Qualifying country" means a country with a reciprocal defense procurement memorandum of understanding or international agreement with the United States in which both countries agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country, and the memorandum or agreement complies, where applicable, with the requirements of…