W911PT24Q0102 SAM.pdf

SEE ADDENDUM

( No Col lect Cal ls )

W911PT24Q0102 05-Sep-2024

b. TELEPHONE NUMBER

5182665757

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 16 Sep 2024

5. SOLICITATION NUM BER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

( SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t . Use Only)

23.

CODE 10. TH IS ACQUISI TION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W911PT9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAM E

KATJA FOX

2. CONTRACT NO. 3 . AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLI CI TATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52. 212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRI ATION DATA

1. REQUISITION NUMBER

20.

ADDI TIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52. 212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDI NG ANY ADDITI ONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO I TEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THI S DOCUMENT AND RETURN

% FOR:SET ASI DE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ARMY CONTRACTING COMMAND-WVA

ATTN: CCTA-HDW /BLDG 10

1 BUFFINGTON STREET

WATERVLIET NY 12189-4050

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-C9

CODE15. DELIVER TO CODE W16H1F 16. ADMINISTERED BY

12. DI SCOUNT TERMS11. DELIVERY FOR FOB DESTI NA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLIC ITATION

RFQ IFB RFPX

STOCK RECORD OFFICER

JJ ESM ELLARIN

WATERVLIET ARSENAL TAWV-CQL-S/BLDG 35 RECEIVI

WATERVLIET NY 12189- 4000

TEL: 518-266-4656 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

332117

X

OFFER DATED

29. AW ARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWI SE IDENTIFI ED ABOVE AND ON ANY

COPI ES TO ISSUI NG OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN- OWNED

SM ALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF82

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEI VED INSPECTED

32b. SIGNATURE OF AUTHORI ZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATI VE

32e. MAILI NG ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORI ZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FI NALPARTIALCOMPLETE

36. PAY MENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHI P NUMBER

PARTI AL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAY MENT

41b. SIGNATURE AND TITLE OF CERTIFYI NG OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC 'D (YY/ MM/DD) 42d. TOTAL CONTAI NERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W911PT24Q0102

Section SF 30 - BLOCK 14 CONTINUATION PAGE

COMMERCIAL NARRATIVES

NOTE: This acquisition will be conducted as a sole source procurement in accordance with FAR 13.501(a), 41 USC 1901, with Solvus Global of Worcester, MA. All responsible sources may submit a capability statement, proposal, or quotation, which shall be considered by the agency.

C.__ REQUEST FOR QUOTE RESPONSES

ALL RESPONSES MUST BE ELECTRONIC. YOU MUST SUBMIT YOUR QUOTE

RESPONSES USING THE FOLLOWING METHODS:

(a) Email to: katja.fox.civ@army.mil

(b) Request for Quotes must be filled out completely and sent in its entirety to be considered responsive.

C.__ ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES

(a) The contractor and all associated subcontractors’ employees shall comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures (provided by the Government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office. The contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9 “Personal Identity Verification of Contractor Personnel”) as directed by DoD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

(b) For contractors requiring Common Access Card (CAC). Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05, The contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of six (6) months or more. At the discretion of the sponsoring activity, an initial CAC may be issued on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personal Management.

(c) For contractors that do not require CAC, but require access to a DoD facility or installation.

Contractor and all associated sub-contractors employees shall comply with adjudication standards, and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190- 13), applicable installation, facility and area commander installation/facility access and local security policies and procedures elsewhere in Section C; Non-disclosure Statement; for OCONUS locations, refer to the Status of Forces Agreement and other theater regulations.

A.__ NOTICE OF WATERVLIET ARSENAL INFORMATION/REQUIREMENTS

(a) IMPORTANT DELIVERY/QUALITY REQUIREMENTS:

(1) ALL OFFERORS MUST CAREFULLY REVIEW THE DELIVERY

REQUIREMENT IN THE REQUEST FOR QUOTE OR SOLICITATION. WHEN

SUBMITTING AN OFFER/BID, PLEASE ENSURE THAT YOU CAN MEET THE

DELIVERY SCHEDULE.

(2) ON TIME DELIVERY IS VERY CRITICAL. THEREFORE, YOU MUST

ADHERE TO THE DELIVERY REQUIREMENTS INDICATED IN ANY

RESULTANT AWARD. FAILURE TO COMPLY WITH THE CONTRACTUAL

DELIVERY SCHEDULE, MAY RESULT IN TERMINATION OF THE ORDER OR

REQUIRE CONSIDERATION IF THE GOVERNMENT ELECTS TO EXTEND

DELIVERY. (NOTE: Non-availability of raw materials, subcontractor issues, scheduling conflicts, should be considered at the time you are submitting your offer/bid.

They are not acceptable excuses for failing to meet the delivery after award).

(3) PROVIDING QUALITY PRODUCTS THAT CONFORM TO THE CONTRACT

ARE JUST AS IMPORTANT AS MEETING THE REQUIRED DELIVERY.

DELIVERY OF NON-CONFORMING PRODUCTS RESULTS IN DELIVERY

DELAYS AND INCREASED COSTS TO THE ARSENAL.

(4) PAST PERFORMANCE FOR QUALITY AND DELIVERY MAY BE A MAJOR

CONSIDERATION IN MAKING DETERMINATIONS FOR FUTURE CONTRACT

AWARDS.

NOTICE: Throughout this document we may use the terms “we” and “you”, the term “we” means the government of the United States of America, and the term “you” means the contractor.

(b) WATERVLIET ARSENAL INFORMATION FOR CONTRACTORS:

“Watervliet Arsenal Information for Contractors” document is incorporated by reference in all solicitations and contracts. The full text version of the instructions is available at Internet address: http://www.wva.army.mil/Documents/Contracting/WAIC.pdf Upon request, the contracting officer will make its full text available.”

POC - CONTRACT SPECIALIST/BUYER: Katja Fox

TELEPHONE NUMBER: 518-266-5757

E-MAIL ADDRESS: katja.fox.civ@army.mil

CONTRACTOR DUNS NUMBER/CAGE CODE/FAX NUMBER:

Please provide the following information for your company.

VENDOR NAME: _________________________

VENDOR POC: __________________________

POC PHONE: ____________________________

E-MAIL ADDRESS (see note below): __________________________

DUNS NUMBER _______________________

CAGE CODE (if known) __________________

TAX ID NUMBER ________________________

VENDOR FAX NUMBER ________________

NOTE: Your e-mail address is required so that in the event you receive the resultant award, we can e-mail it to you. If we experience difficulties with e-mail, it will be data faxed.

(c) AWCF BULK FUND ___ DOES _X_ DOES NOT APPLY

(d) POSTERS:

(1) Contracts for Material, Supplies, Articles and Equipment Exceeding $15,000/Service Contract Labor Standards. Orders subject to these Acts require contractors to post WH Publication 1313, “Employee Rights on Government Contracts”.

(2) Construction Orders. Orders for construction require contractors to post WH Publication 1321, “Employee Rights under the Davis Bacon” and the Office of Federal Contract Compliance poster on “Equal Employment Opportunity is the Law.”

(3) These posters can be accessed electronically at http://www.dol.gov .

(4) Hard copies of the posters will be made available upon request to the contracting officer.

(e) PAYMENTS:

Any vendor that receives an award (except those paid by credit card or accommodation check) can view invoice payments made by DFAS at https://wawf.eb.mil/ using the “my invoice” system. You will be required to register in order to view payments. Payment information is maintained for 120 days from invoice payment. Vendors can find out when invoices have been paid by Electronic Funds Transfer (EFT), etc. This website can save valuable time and frustration over billing questions and it is a free service.

(f) RELEASE OF INFORMATION:

The contractor shall not release or authorize release of DoD specifications; acceptance test results; information involving critical military technology; or any other information in which the DoD maintains proprietary rights, or is otherwise confidential or classified. This restriction includes any endorsement by the Department of Army of a contractor. Release of information under the circumstances referenced above requires the prior written approval of the Contracting Officer responsible for this contract. It is the contractor’s responsibility to be familiar with, and comply with the requirements of Chapter 5, page 22, paragraph 5-48, of AR 360-1 may be found at http://www.usapa.army.mil/pdffiles/r360_1.pdf

F._1_ DELIVERY INFORMATION (DEC 2020) (ACC-WVA)

(a) Effective March 1, 2020, all commercial carriers must request an appointment for delivery to Watervliet Arsenal through the Carrier Appointment System (CAS). Carriers can register for CAS at https://eta.sddc.army.mil/. In the event that a carrier is either unable to register for CAS, or if CAS is down, carriers must call the transportation desk at 518-266-5858 to schedule an appointment

Note(s):

i. Late/early arrivals may be rescheduled to the next available appointment date.

ii. This will not apply to small package carriers such as FEDEX, UPS, or

DHL.

(b) Notice: Normal delivery hours for receipt of supplies at Watervliet Arsenal are as follows:

Monday through Thursday Business Hours: 6:30 A.M. EST to 3:30 P.M. EST

Friday Business Hours: Every other Friday from 6:30 A.M. EST to 2:00 P.M. EST

Fridays will be staggered with every other Friday being a closed business day. The first Friday of 2024 to be closed is January 12, 2024.

BASED ON THE ABOVE, CONTRACTORS SHOULD CALL THE

CONTRACT/PURCHASE ORDER ADMINISTRATOR IN ADVANCE IF DELIVERY IS

SCHEDULED FOR A FRIDAY TO FIND OUT IF THE ARSENAL WILL BE OPEN FOR

BUSINESS.

Also, when a federal holiday is normally observed on a Friday, the Arsenal may be closed on the preceding Thursday. In these instances, please contact the contract/purchase order administrator in advance of delivery if Thursday delivery is anticipated to determine if the arsenal will be open for business.

THE ABOVE INFORMATION SHOULD BE NOTED WHEN SCHEDULING DELIVERIES

AS WATERVLIET ARSENAL WILL NOT BE LIABLE FOR ANY STORAGE,

DEMURRAGE OR SHIPPER LABOR COSTS INCURRED AS A RESULT OF

CONTRACTOR ATTEMPTED DELIVERIES ARRIVING DURING NON-BUSINESS

HOURS.

(c) ITEM DESCRIPTION:

The material delivered hereon must be tagged or otherwise identified by placing the purchase order/contract number on the packing slip or it will be returned at the contractor’s expense. If more than one item is involved, material must be segregated by item and must be tagged or otherwise identified by item number. National stock number, when applicable, must be shown on all vendor’s documents, such as Bill of Lading, Notice of Shipment, delivery or packing slip, etc.

L.___ HQ-AMC LEVEL PROTEST PROCEDURES

Complete AMC Protest Procedures can be found at: http://www.amc.army.mil/Connect/Legal- Resources/

An agency protest may be filed with either the contracting officer or to HQAMC but not both following the procedures listed on the website above.

Disclosure of Unit Price Information (Jun 2004) (ACC-WRN (WVA))

This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23, 1987), of our intention to release unit prices of the awardee in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the contracting officer is notified of your objection to such release prior to submission of initial proposals.

Notice for AbilityOne Subcontracting Goal Credit

"Note: In accordance with Public Law 102-396, AbilityOne organizations will be afforded the maximum practical opportunity to participate as subcontractors and suppliers in the performance of this contract. As prescribed by 10 U.S.C. 2410d and Section 9077 of Public Law 102-396, and in accordance with DFARS 219.703, Eligibility requirements for participating in the program, offerors may receive credit towards the small business subcontracting goal for subcontracts placed with qualified nonprofit agencies participating in the AbilityOne program. AbilityOne organizations are qualified nonprofit agencies for the blind and other severely disabled that are approved by the Committee for Purchase from People Who Are Blind or Severely Disabled under the Javits-Wagner-O'Day Act (41 U.S.c. 46-48).

For additional information on AbilityOne's program and products see http://www.abilityone.gov/index.html. For additional information on DoD activities in support of AbilityOne see http://www.acq.osd.mil/dpap/cpic/cp/abilityone_program.html.

PROMPT PAYMENT NOTICE TO FAR 52.212-4 (MAY 2013) (ACC-WRN(WVA))

In accordance with the prompt payment regulations at 5 CFR 1315 referenced in FAR 52.212-4 Contract Terms and Conditions – Commercial Items, specifically 5 CFR 1315-4(b)(1)(B), Government acceptance shall be deemed to have occurred constructively on the 30th day after the contractor delivered the supplies or performed the services.

ALL OR NONE – COMMERCIAL ITEM ACQUISITION

(a) This provision serves as an addendum that modifies paragraph (h) of FAR 52.212-1, entitled INSTRUCTION TO OFFERORS—COMMERCIAL ITEMS. Paragraph (h) is modified to say that you must offer to provide the total quantity of the items in this solicitation.

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

This solicitation is for the procurement of Cold Spray Powder and Powder Storage Unit per Statement Of Work (Attachment 0001). The Government intends to award one (1) Firm Fixed Price type contract based on the evaluation criteria below.

IMPORTANT! OFFERS WILL ONLY BE ACCEPTED USING THE FOLLOWING

METHODS:

(a) Email to: katja.fox.civ@army.mil

(b) Request for Quotes must be filled out completely and sent in their entirety to be considered responsive.

Instructions to Offerors:

Instructions for completing and submitting an offer are as follows:

Offerors are required to:

1. Sign the coverpage and complete all fill-ins in the solicitation document; and

2. Write the proposed price on CLIN 0001 and 0002; and

3. Provide any required technical documentation (see below) to determine the proposed items meet the requirements of the Statement of Work (Attachment 0001).

Required Technical Documentation with each response:

Benet Labs staff have requested a significant amount of technical information for this requirement, which each quote/proposal must include to be considered for award. Offerors are instructed to review the entire statement of work for the items proposed, and ensure all requested information is present with the quote/proposal submission.

OFFERORS ARE RESPONSIBLE FOR PROVIDING SUFFICENT PRODUCT

LITERATURE (BROCHURES, SPEC SHEETS, ITEMIZED QUOTES, ETC.) WITH THEIR

SUBMISSION SO THAT THE GOVERNMENT CAN PERFORM A TECHNICAL

EVALUATION. DECISION OF THE TECHNICAL ACCEPTABILITY IS AT THE SOLE

DISCRETION OF THE GOVERNMENT.

All information necessary for the review and evaluation of a proposed item(s) is to be contained in the offeror’s submission. Extreme care and attention should be given to ensure that all required items are included in the submission. Failure of any response to meet the minimum requirements of the statement of work may render that submission technically unacceptable. In addition, brochures, illustrations, narratives, drawings and sketches pertinent to the equipment being offered are permissible and are encouraged. Offerors are cautioned, however, to screen such materials carefully before submission to ensure that they will not introduce any of the deficiencies described in the request for technical proposals. Generalized information not pertinent to the item(s) being offered is not encouraged and will not be evaluated.

The Government will not assume the offeror possesses any capability, understanding, or commitment not specified in its submission. It is the offeror’s responsibility to submit well-written documentation, with adequately detailed information, which clearly demonstrates full understanding of and the ability to comply with the solicitation requirements. The Government will NOT assume the duty to search for data not found in the submission.

EVALUATION—COMMERCIAL ITEMS (APR 2009) (ACC-WRN (WVA))

(a) We will award a contract to the offeror that:

1. submits the lowest evaluated bid or offer, and

2. submits a bid or proposal that meets all the material requirements of this solicitation, and

3. meets all the responsibility criteria at FAR 9.104

(b) To make sure that you meet the responsibility criteria at FAR 9.104 we may:

1. arrange a visit to your plant and perform a preaward survey;

2. ask you to provide financial, technical, production, or managerial background information.

(c) Options. We will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. We may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate us to exercise the option(s).

(d) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, we may accept an offer (or part of an offer), regardless of whether there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

L. __ Army Contract Writing System (ACWS) Transition Information for Offerors

a. The Army Contracting Enterprise (ACE) is in the process of deploying new solicitation and contract writing software to Army contracting offices worldwide. Known as the Army Contract Writing System (ACWS), this modern software suite will soon replace most existing Army contract writing systems, including the system used to create and release this Solicitation.

b. During this transition period, Offerors are hereby advised:

1. The Contracting Office may use any combination of contract writing systems to create and release documents related to this solicitation (e.g. solicitation amendments and awards, if any). Due to this:

i. This solicitation may contain different offer submission instructions than other solicitations released by the same Contracting Office (e.g. requiring offer submission via the PIEE Solicitation Module vs. e-mail). Offerors should review all offer submission instructions contained in the solicitation documents and direct any questions or concerns to the Contract Specialist or Contracting Officer.

ii. If the Contracting Office switches contract writing systems prior to award, documents you receive from the Contracting Officer or view on SAM.gov or other forums may appear noticeably different than the initial solicitation or previous solicitations or awards from the same Contracting Office. This is normal and expected.

iii. A change between contract writing systems may cause important information concerning solicitation response (amendments) or accepted terms (awards) to take on different formatting or appear in different parts of later documents issued. Offerors shall review all documents carefully to locate this important information and direct any questions or concerns to the Contract Specialist or Contracting Officer.

2. The Government does not intend to use the transition between contract writing systems to effect any changes to solicitation or award terms and conditions without accompanying document narratives explicitly stating such changes are deliberate and desired. While the Contract Specialist and Contracting Officer will take care to minimize or eliminate any inadvertent changes when adapting to the new contract writing software, you, as the Offeror, may still be the first to spot such errors. Therefore, Offerors shall:

i. Notify the Contracting Officer immediately if any observed changes, removals, or additions affect your award eligibility, violate or alter existing quote/proposal terms, or could affect Contract performance post-award.

ii. Take special care to ensure all fill-in Clauses are populated and remain populated across documents received from the Contracting Office throughout the Solicitation and Award process.

iii. Contact the Contracting Officer listed on the first page of the solicitation or solicitation amendment for guidance if you notice or suspect any inadvertent change has occurred between document issuances.

3. The Contracting Officer will correct problems affecting award documents (if any) via bilateral modification, at no cost to the Contractor. Any such modification will reconcile the award with the latest version of this solicitation reflecting deliberate action by the Contracting Officer (e.g. the first issuance if no amendments, or the latest amendment with accompanying narratives), inclusive of any documented pre-award negotiations or accepted supplemental offer terms.

4. In the unlikely event a network disruption, contract writing system error, or financial system error threatens timely award of the requirement set forth in this solicitation, the Contracting Officer:

i. May elect to use alternative mechanisms to obligate funds and allow work or deliveries to legally begin to the benefit of, and with legal protection for, both parties.

ii. Will incorporate the latest version of this Solicitation into such mechanisms to serve as a framework for contract execution until any such system problems are resolved.

iii. Will ensure any action taken does not conflict with the stated offer evaluation and award methodology of this requirement.

iv. Will issue a complete, properly-formatted award accurately reflecting this requirement and all applicable terms and conditions once systems return to normal.

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) Definitions. As used in this clause—

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

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

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

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

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

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

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

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

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

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

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

(ii) For fixed price line items—

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

N/A

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice as 2-in-1 (Services Only)

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

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

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

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

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

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0490

Issue By DoDAAC W911PT

Admin DoDAAC** W911PT

Inspect By DoDAAC W15BW9

Ship To Code W16H1F

Ship From Code ____

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”)

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

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

(g) WAWF point of contact.

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

Katja Fox email: katja.fox.civ@army.mil

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

(End of clause)

ATTACHMENT 0001

STATEMENT OF WORK (SOW)

for

Cold Spray Powder and Storage Unit

1.0 BACKGROUND

1.1 Cold Spray (CS) uses specialized, highly engineered powders with tight chemistry requirements in order to achieve a high-quality product with good repeatability and reliability.

1.2 There is a need to expand powder processing and storage capabilities in order to meet anticipated powder requirements in production without opening up the existing powder specification.

2.0 PURPOSE

2.1 This Statement of Work defines the requirements and deliverables to be used in order to enable a scale-up in powder processing and storage in order to meet anticipated powder requirements during production.

3.0 REQUIREMENTS

3.1 Course of Action (COA) #1A - The contractor shall purchase 1,100 lb. of raw, Cold Spray powder, shall perform the necessary in-house testing and evaluation in order to ensure that the powder meets all specified requirements, and shall inertly package at least 900 lb. of powder for the Gov’t within 14 months after contract award.

3.2 Course of Action (COA) #2A - The contractor shall increase the powder storage capacity to at least 2,000 lbs. at both the contractor facility and WVA within 12 months after contract award. This shall be done through the use of specialized flammable storage cabinets that meet all National Fire Protection Agency (NFPA) regulations.

4.0 DELIVERABLES

4.1 Kickoff meeting – Initial Program Plan Provided.

4.2 Package at least 900 lb. of CS powder within 14 months after contract award.

4.3 Provide powder storage capability of at least 2,000 lbs. at both the contractor facility and WVA within 12 months after contract award.

5.0 REPORTING REQUIREMENTS:

5.1. Certification documentation demonstrating that the powder meeting the requirements of drawing (#12528617) and the powder specification (V5c or later).(CDRL A003).

5.2 Certification documents from NFPA and/or other sources demonstrating that the storage capacity at both the contractor facility and WVA meets the requirements of Sect. 3.2. (CDRL A003).

5.3 Monthly progress reports shall be provided to DEVCOM AC Benet Labs for programmatic review. (CDRL A002).

5.4 Final reports delivered after COAs #1 and #2 have been completed.

(CDRL A001).

6.0 DELIVERY

6.1 Unless otherwise specified, the powder and safety storage cabinet/s shall be delivered to:

US Army DEVCOM-AC, Benet Labs 1 Buffington St.

Watervliet, NY 12189 United States

6.2 Freight shall be included.

7.0 TRAINING

7.1 The training site will be at WVA during and will be at least 1 day in duration.

7.2 The training will be provided for at least 2 personnel from both WVA and Benet Laboratories. Training to include, but not limited to, the use of the powder storage cabinet, safe handling of powder, proper handling and disposal of powders.

8.0 WARRANTY

8.1 The integrity of the powder must be certified for at least 24 months of storage.

8.2 The warranty starts from the signature of the final acceptance.

ATTACHMENT 0002

CONTRACT DATA REQUIREMENT LIST – DD Form 1423 Form Approval OMB No. 0704-0188 Public reporting burden for this collection of information is estimated to average 440 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302, and to the Office of Management and Budget, Paperwork Reduction Project (0704-0188), Washington, DC 20503. Please DO NOT RETURN your form to either these addresses. Send completed form to the Government Issuing Contracting Officer for the Contract/PR No. listed in Block E.

A. CONTRACT LINE ITEM NO.:0001 and 0002

B. EXHIBIT A

C. CATEGORY: General D. SYSTEM/ITEM: Cold Spray Powder and Storage Unit

E. CONTRACT/PR NO.: TBD

F. CONTRACTOR: TBD

1. DATA ITEM NO: A001

2. TITLE OF DATA ITEM: Contract Summary Report

3. SUBTITLE: Final Report

4. AUTHORITY: DI-ADMN-80447A

5. CONTRACT REFERENCE: SOW Para 5.4

6. REQUIRING OFFICE: FCDD-ACW-BA

7. DD250 REQUIRED: No

8. APP CODE:

9. DISTRIBUTION STATEMENT REQUIRED: D

10. FREQUENCY: Once

11. AS OF DATE: with Delivery

12. DATE OF FIRST SUBMISSION: with Delivery

13. DATE OF SUBSEQUENT SUBMISSIONS: N/A

14. DISTRIBUTION:

A. ADDRESSEES: Final Report is being provided electronically to the following government recipient:

Gregory Vigilante, Technical POC Email: gregory.n.vigilante.civ@army.mil

B. COPIES:

DRAFT: 0

FINAL: 1

15. TOTAL: 1

16. REMARKS:

Block 12: Final reports delivered after COAs #1 and #2 have been completed.

Data Item Description (DID) referenced in block 4 can be accessed at: https//everyspec.com. Instructions and general guidance on documentation of CDRL and General Quality Assurance Provisions can be found at Watervliet Arsenal’s home page on the web at: http://www.wva.army.mil under “Doing Business with Watervliet Arsenal”.

17. PRICE GROUP:

18. ESTIMATED TOTAL PRICE:

19. CCTA-HDW, FAX NUMBER:

G. PREPARED BY: Melissa Ryder H. DATE: 5 September 2024 I. APPROVED BY: Gregory Vigilante J. DATE: 5 September 2024

Form Approval OMB No. 0704-0188 Public reporting burden for this collection of information is estimated to average 440 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302, and to the Office of Management and Budget, Paperwork Reduction Project (0704-0188), Washington, DC 20503. Please DO NOT RETURN your form to either these addresses. Send completed form to the Government Issuing Contracting Officer for the Contract/PR No. listed in Block E.

A. CONTRACT LINE ITEM NO.:0001 and 0002

B. EXHIBIT A

C. CATEGORY: General D. SYSTEM/ITEM: Cold Spray Powder and Storage Unit

E. CONTRACT/PR NO.: TBD

F. CONTRACTOR: TBD

1. DATA ITEM NO: A002

2. TITLE OF DATA ITEM: Contractor’s Progress, Status and Management Report

3. SUBTITLE: Monthly Report

4. AUTHORITY: DI-MGMT-80368A

5. CONTRACT REFERENCE: SOW Para 5.3

6. REQUIRING OFFICE: FCDD-ACW-BA

7. DD250 REQUIRED: No

8. APP CODE:

9. DISTRIBUTION STATEMENT REQUIRED: D

10. FREQUENCY: Monthly

11. AS OF DATE: Award Date

12. DATE OF FIRST SUBMISSION: By end of month

13. DATE OF SUBSEQUENT SUBMISSIONS: N/A

14. DISTRIBUTION:

A. ADDRESSEES: Monthly Report is being provided electronically to the following government recipient:

Gregory Vigilante, Technical POC Email: gregory.n.vigilante.civ@army.mil

B. COPIES:

DRAFT: 0

FINAL: 1

15. TOTAL: 1

16. REMARKS:

Block 12: Monthly progress reports shall be provided to DEVCOM AC Benet Labs for programmatic review.

Data Item Description (DID) referenced in block 4 can be accessed at: https//everyspec.com. Instructions and general guidance on documentation of CDRL and General Quality Assurance Provisions can be found at Watervliet Arsenal’s home page on the web at: http://www.wva.army.mil under “Doing Business with Watervliet Arsenal”.

17. PRICE GROUP:

18. ESTIMATED TOTAL PRICE:

19. CCTA-HDW, FAX NUMBER:

G. PREPARED BY: Melissa Ryder H. DATE: 5 September 2024

Form Approval OMB No. 0704-0188 Public reporting burden for this collection of information is estimated to average 440 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302, and to the Office of Management and Budget, Paperwork Reduction Project (0704-0188), Washington, DC 20503. Please DO NOT RETURN your form to either these addresses. Send completed form to the Government Issuing Contracting Officer for the Contract/PR No. listed in Block E.

A. CONTRACT LINE ITEM NO.:0001 and 0002

B. EXHIBIT A

C. CATEGORY: General D. SYSTEM/ITEM: Cold Spray Powder and Storage Unit

E. CONTRACT/PR NO.: TBD

F. CONTRACTOR: TBD

1. DATA ITEM NO: A003

2. TITLE OF DATA ITEM: Certification Data Report

3. SUBTITLE: Certification Documentation

4. AUTHORITY: DI-MISC-80678

5. CONTRACT REFERENCE: SOW Para 5.1 &5.2

6. REQUIRING OFFICE: FCDD-ACW-BA

7. DD250 REQUIRED: No

8. APP CODE:

9. DISTRIBUTION STATEMENT REQUIRED: D

10. FREQUENCY: with delivery

11. AS OF DATE: Award Date

12. DATE OF FIRST SUBMISSION: with delivery

13. DATE OF SUBSEQUENT SUBMISSIONS: N/A

14. DISTRIBUTION:

A. ADDRESSEES: Certification Documentation is being provided electronically to the following government recipient:

Gregory Vigilante, Technical POC Email: gregory.n.vigilante.civ@army.mil

B. COPIES:

DRAFT: 0

FINAL: 1

15. TOTAL: 1

16. REMARKS:

Block 12: Certification documentation demonstrating that the powder meeting the requirements of drawing (#12528617) and the powder specification (V5c or later).

Certification documents from NFPA and/or other sources demonstrating that the storage capacity at both the contractor facility and WVA meets the requirements of Sect. 3.2.

Data Item Description (DID) referenced in block 4 can be accessed at: https//everyspec.com. Instructions and general guidance on documentation of CDRL and General Quality Assurance Provisions can be found at Watervliet Arsenal’s home page on the web at: http://www.wva.army.mil under “Doing Business with Watervliet Arsenal”.

17. PRICE GROUP:

18. ESTIMATED TOTAL PRICE:

19. CCTA-HDW, FAX NUMBER:

G. PREPARED BY: Melissa Ryder H. DATE: 5 September 2024

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Cold Spray Powder

FFP

Cold Spray Powder to include delivery and training per Statement of Work (Attachment 0001).

Contractor to include contract data prepared and delivered in accordance with CONTRACT DATA REQUIREMENTS LIST (DD FORM 1423) which is attached hereto as Attachment 0002 (NOT SEPERATELY PRICED).

PR: TBD

SRN: TBD

WBS: TBD

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

PSC CD: 5350

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Lot Powder Storage Unit

FFP

Cold Spray Powder Storage Unit to include delivery, installation and training per Statement of Work (Attachment 0001).

Contractor to include contract data prepared and delivered in accordance with CONTRACT DATA REQUIREMENTS LIST (DD FORM 1423) which is attached hereto as Attachment 0002 (NOT SEPERATELY PRICED).

PR: TBD

SRN: TBD

WBS: TBD

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

PSC CD: 5350

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 14 mths. ADC 1 STOCK RECORD OFFICER

JJ ESMELLARIN

WATERVLIET ARSENAL TAWV-CQL-

S/BLDG 35 RECEIVI

WATERVLIET NY 12189-4000

518-266-4656

W16H1F

0002 12 mths. ADC 1 (SAME AS PREVIOUS LOCATION)

W16H1F

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(JUN 2020) -- Alternate I

NOV 2021

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-17 Delivery of Excess Quantities SEP 1989 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.214-34 Submission Of Offers In The English Language APR 1991 52.214-35 Submission Of Offers In U.S. Currency APR 1991 52.219-9 Small Business Subcontracting Plan SEP 2023 52.219-16 Liquidated Damages-Subcontracting Plan SEP 2021 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2024 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.226-8 Encouraging Contractor Policies To Ban Text Messaging

While Driving

MAY 2024

52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.229-4 Federal, State, And Local Taxes (State and Local Adjustments)

FEB 2013

52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes--Fixed Price AUG 1987 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984 52.247-34 F.O.B. Destination JAN 1991 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7022 Expediting Contract Closeout MAY 2021 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

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

MAY 2019

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7013 Duty-Free Entry--Basic NOV 2023 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings JAN 2023 252.225-7021 Trade Agreements--Basic FEB 2024 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic

Enterprises, and Native Hawaiian Small Business Concerns

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)

(a) All actual and potential offerors are encouraged to provide feedback on the preaward and debriefing processes, as applicable. Feedback may be provided to agencies up to 45 days after award. The feedback is anonymous, unless the participant self-identifies in the survey. Actual and potential offerors can participate in the survey by selecting the following link: https://www.acquisition.gov/360.

(b) The Contracting Officer will not review the information provided until after contract award and will not consider it in the award decision. The survey is voluntary and does not convey any protections, rights, or grounds for protest.

It creates a way for actual and potential offerors to provide the Government constructive feedback about the preaward and debriefing processes, as applicable, used for a specific acquisition.

(End of provision)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 41 U.S.C. 4712 and Federal Acquisition Regulation (FAR) 3.900 through 3.905.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in FAR 3.900 through 3.905.

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

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

(a) Definition. As used in this provision-- Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203- 19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause-- Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of…