W912PB26QA07 Conform Copy.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

Food Waste Collection, Hohenfels, USAG BavariaInstrument Name:

Product Service Code : S205

SOLICITATION / AWARD INFORMATION AND INSTRUCTION

General Information

Regional Contracting Office POC

Contract Specialist: Evelyn Butter

COMM: 09641-70-526-8708

DSN: 526-8708

E-mail: evelyn.butter.ln@army.mil

Customer POC: (to be added at time of award)

NOTE to the Contractor: NEVER contact the Customer POC with problems, e.g., late deliveries, etc. as they are not authorized to approve that. ALWAYS contact the Contracting Office.

Short Description of Requirement: Disposal of Food Waste, Hohenfels, USAG Bavaria

PERIOD OF PERFORMANCE:

Base Year: 15 Nov 2026 through 14 Nov 2027

First Option Year: 15 Nov 2027 through 14 Nov 2028

Second Option Year: 15 Nov 2028 through 14 Nov 2029

Third Option Year: 15 Nov 2029 through 14 Nov 2030

Fourth Option Year: 15 Nov 2030 through 14 Nov 2031

W912PB26QA0760001

The PoP shown herein is tentative. The Government expects to make an award before that date, however, should an award be made after that date, there will be a change to the contractual document, and the award must be signed/accepted by the contractor.

This solicitation is a request for quotations (RFQ) and references contained herein to "offeror(s)" or "offer(s)" means "quoter(s)" or "quote(s)."

SAM AND WAWF INFO

1. SAM BACKGROUND

The System for Award Management (SAM) is a computer system accessed by the Internet managed by the U.S. Government.

In accordance with FAR 52.204-7, an offeror shall have an active Federal Government contracts registration in the System for Award Management (SAM) when submitting an offer or quotation in response to this solicitation and at the time of award.

2. WIDE AREA WORKFLOW (WAWF) BACKGROUND

WAWF (as part of PIEE - Procurement Integrated Enterprise Environment) is a convenient online solution that allows vendors to electronically submit invoices and receiving reports; allows the Government to perform inspection and acceptance of goods and services, and interfaces with payment systems to receive transactions electronically.

IMPORTANT NOTE:

Please see further instructions to offerors in the ADDENDA section

*** END OF NARRATIVE ***

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quanti ty

Unit Unit Price Amount

0001 Collection, pick-up and disposal of edible food waste at Hohenfels, USAG BAVARIA in accordance with Attachment 1 - Performance Work Statement (PWS) and Exhibit Line Item Sheet (ELINs) A001 through A006. Items described at ELINs A002, A003, and A005 are priced on a Firm-Fixed-Unit-Price (FFUP) basis and the following applies to such items: a. The contractor is only entitled to payment for the quantity of units performed and accepted by the Government at the stated unit price.

The contractor is not entitled to payment for units not performed and the contractor shall not tender for acceptance nor shall the contractor be entitled to payment for any units in excess of the quantity estimated for each ELIN in an order; b. The contractor shall notify the contracting officer in writing when the actual units performed for any ELIN under an order equals 80% of the quantity estimated in the order. The contractor is not obligated to perform services under this contract to the extent doing so would cause the contractor to perform in excess of a quantity estimated in the order

1 Job unless the contracting officer (i) notifies the contractor in writing that the quantity estimate has been increased, (ii) provides a revised quantity estimate for performing the order, and (iii) allots funding on the order for the revised quantity estimate; and c. Each unit price is fixed and not subject to any adjustment on the basis of the contractor's cost experience in performing the contract or in the event the actual quantity of services performed in an order varies from the quantity estimated.--- Base Year

Product Service Code: S205

North American Industry Classification System (NAICS):

562219

Pricing Arrangement: Firm Fixed Price

Option Line Item

Collection, pick-up and disposal of edible food waste at Hohenfels, USAG BAVARIA in accordance with Attachment 1 - Performance Work Statement (PWS) and Exhibit Line Item Sheet (ELINs) B001 through B006. Items described at ELINs B002, B003, and B005 are priced on a Firm-Fixed-Unit-Price (FFUP) basis and the following applies to such items: a. The contractor is only entitled to payment for the quantity of units

1 Job performed and accepted by the Government at the stated unit price.

The contractor is not entitled to payment for units not performed and the contractor shall not tender for acceptance nor shall the contractor be entitled to payment for any units in excess of the quantity estimated for each ELIN in an order; b. The contractor shall notify the contracting officer in writing when the actual units performed for any ELIN under an order equals 80% of the quantity estimated in the order. The contractor is not obligated to perform services under this contract to the extent doing so would cause the contractor to perform in excess of a quantity estimated in the order unless the contracting officer (i) notifies the contractor in writing that the quantity estimate has been increased, (ii) provides a revised quantity estimate for performing the order, and (iii) allots funding on the order for the revised quantity estimate; and c. Each unit price is fixed and not subject to any adjustment on the basis of the contractor's cost experience in performing the contract or in the event the actual quantity of services performed in an order varies from the quantity estimated. --- 1st Option Year

Product Service Code: S205

North American Industry Classification System (NAICS):

562219

Pricing Arrangement: Firm Fixed Price

Option Line Item

Collection, pick-up and disposal of edible food waste at Hohenfels, USAG BAVARIA in accordance with Attachment 1 - Performance Work Statement (PWS) and Exhibit Line Item Sheet (ELINs) C001 through C006. Items described at ELINs C002, C003, and C005 are priced on a Firm-Fixed-Unit-Price (FFUP) basis and the following applies to such items: a. The contractor is only entitled to payment for the quantity of units performed and accepted by the Government at the stated unit price.

The contractor is not entitled to payment for units not performed and the contractor shall not tender for acceptance nor shall the contractor be entitled to payment for any units in excess of the quantity estimated for each ELIN in an order; b. The contractor shall notify the contracting officer in writing when the actual units performed for any ELIN under an order equals 80% of the quantity estimated in the order. The contractor is not obligated to perform services under this contract to the extent doing so would cause the contractor to perform in excess

1 Job of a quantity estimated in the order notifies the contractor in writing that the quantity estimate has been increased, (ii) provides a revised quantity estimate for performing the order, and (iii) allots funding on the order for the revised quantity estimate; and c. Each unit price is fixed and not subject to any adjustment on the basis of the contractor's cost experience in performing the contract or in the event the actual quantity of services performed in an order varies from the quantity estimated.--- 2nd Option Year

Product Service Code: S205

North American Industry Classification System (NAICS):

562219

Pricing Arrangement: Firm Fixed Price

Option Line Item

Collection, pick-up and disposal of edible food waste at Hohenfels, USAG BAVARIA in accordance with Attachment 1 - Performance Work Statement (PWS) and Exhibit Line Item Sheet (ELINs) D001 through D006. Items described at ELINs D002, D003, and D005 are priced on a Firm-Fixed-Unit-Price (FFUP) basis and the following applies to such items: a. The contractor is only entitled to

1 Job payment for the quantity of units performed and accepted by the Government at the stated unit price.

The contractor is not entitled to payment for units not performed and the contractor shall not tender for acceptance nor shall the contractor be entitled to payment for any units in excess of the quantity estimated for each ELIN in an order; b. The contractor shall notify the contracting officer in writing when the actual units performed for any ELIN under an order equals 80% of the quantity estimated in the order. The contractor is not obligated to perform services under this contract to the extent doing so would cause the contractor to perform in excess of a quantity estimated in the order unless the contracting officer (i) notifies the contractor in writing that the quantity estimate has been increased, (ii) provides a revised quantity estimate for performing the order, and (iii) allots funding on the order for the revised quantity estimate; and c. Each unit price is fixed and not subject to any adjustment on the basis of the contractor's cost experience in performing the contract or in the event the actual quantity of services performed in an order varies from the quantity estimated.--- 3rd Option Year

Product Service Code: S205

North American Industry Classification System (NAICS):

562219

Pricing Arrangement: Firm Fixed Price

Option Line Item

Collection, pick-up and disposal of edible food waste at Hohenfels, USAG BAVARIA in accordance with Attachment 1 - Performance Work Statement (PWS) and Exhibit Line Item Sheet (ELINs) E001 through E006. Items described at ELINs E002, E003, and E005 are priced on a Firm-Fixed-Unit-Price (FFUP) basis and the following applies to such items: a. The contractor is only entitled to payment for the quantity of units performed and accepted by the Government at the stated unit price.

The contractor is not entitled to payment for units not performed and the contractor shall not tender for acceptance nor shall the contractor be entitled to payment for any units in excess of the quantity estimated for each ELIN in an order; b. The contractor shall notify the contracting officer in writing when the actual units performed for any ELIN under an order equals 80% of the quantity estimated in the order. The contractor is not obligated to perform services under this contract to the extent doing so would cause the contractor to perform in excess

1 Job of a quantity estimated in the order notifies the contractor in writing that the quantity estimate has been increased, (ii) provides a revised quantity estimate for performing the order, and (iii) allots funding on the order for the revised quantity estimate; and c. Each unit price is fixed and not subject to any adjustment on the basis of the contractor's cost experience in performing the contract or in the event the actual quantity of services performed in an order varies from the quantity estimated.--- 4th Option Year

Product Service Code: S205

North American Industry Classification System (NAICS):

562219

Pricing Arrangement: Firm Fixed Price

Continuation of Description

Requirements Food Waste Collection, Hohenfels, USAG Bavaria

Continuation of Deliveries or Performance

0001 1 JobQuantity

Address and POC Service Performance Site DoDAAC: W9069J

Period of Performance From 15 Nov 2026 To 14 Nov 2027

Option Line Item

1 JobQuantity

Address and POC Service Performance Site DoDAAC: W9069J

Period of Performance From 15 Nov 2027 To 14 Nov 2028

Option Line Item

1 JobQuantity

Address and POC Service Performance Site DoDAAC: W9069J

Period of Performance

From 15 Nov 2028 To 14 Nov 2029

Option Line Item

1 JobQuantity

Address and POC Service Performance Site DoDAAC: W9069J

Period of Performance From 15 Nov 2029 To 14 Nov 2030

Option Line Item

1 JobQuantity

Address and POC Service Performance Site DoDAAC: W9069J

Period of Performance From 15 Nov 2030 To 14 Nov 2031

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.203-3 Gratuities. 1984-04

52.203-6 Restrictions on Subcontractor Sales to the Government.

(Alternate I)

2020-06 Alternate I 2021-11

52.203-6 Restrictions on Subcontractor Sales to the Government.

2020-06

52.204-13 System for Award Management- Maintenance. (Deviation 2026- O0038)

2026-02

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Deviation 2026- O0038)

2026-02

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.

(Deviation 2026-O0038)

2026-02

52.212-4 Terms and Conditions- Commercial Products and Commercial Services. (Deviation 2026-O0038)

2026-02

52.222-50 Combating Trafficking in 2026-02

Persons. (Deviation 2026-O0038)

52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving.

2024-05

52.229-12 Tax on Certain Foreign Procurements. (Deviation 2026- O0038)

2021-02

52.232-33 Payment by Electronic Funds Transfer-System for Award Management.

2018-10

52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

2023-03

52.233-3 Protest after Award. (Deviation 2026-O0038)

2026-02

52.233-4 Applicable Law for Breach of Contract Claim. (Deviation 2026- O0038)

2026-02

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials.

2011-09

252.203-7002 Requirement to Inform Employees of Whistleblower Rights.

2022-12

252.204-7004 Antiterrorism Awareness Training for Contractors.

2023-01

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.

2023-01

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

2023-01

252.204-7020 NIST SP 800-171 DoD Assessment Requirements.

2023-11

252.205-7000 Provision of Information to Cooperative Agreement Holders.

2024-10

252.225-7012 Preference for Certain Domestic Commodities.

2022-04

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime.

2023-01

252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region.

2023-06

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

2023-01

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports.

2018-12

252.232-7010 Levies on Contract Payments. 2006-12

252.243-7002 Requests for Equitable Adjustment.

2022-12

252.244-7000 Subcontracts for Commercial Products or Commercial Services.

2023-11

252.246-7008 Sources of Electronic Parts. 2023-01

252.247-7023 Transportation of Supplies by Sea.

2024-10

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.232-36 Payment by Third Party.

(Deviation 2026-O0038)

Payment by Third Party (Feb 2026) (Deviation 2026-O0038)

(a) General.

(1) Except as provided in paragraph (a)(2) of this clause, the Contractor agrees to accept payments due under this contract, through payment by a third party in lieu of payment directly from the Government, in accordance with the terms of this clause. The third party and, if applicable, the particular Governmentwide commercial purchase card to be used are identified elsewhere in this contract.

(2) The Governmentwide commercial purchase card is not authorized as a method of payment during any period the System for Award Management (SAM) indicates that the Contractor has delinquent debt that is subject to collection under the Treasury Offset Program (TOP).

Information on TOP is available at https://www.fiscal.treasury.gov/TOP/. If the SAM subsequently indicates that the Contractor no longer has delinquent debt, the Contractor may request the Contracting Officer to authorize payment by Governmentwide commercial purchase card.

(b) Contractor payment request.

(1) Except as provided in paragraph (b)(2) of this clause, the Contractor shall make payment requests through a charge to the Government account with the third party, at the time and for the amount due in accordance with those clauses of this contract that authorize the Contractor to submit invoices, contract financing requests, other payment requests, or as provided in other clauses providing for payment to the Contractor.

(2) When the Contracting Officer has notified the Contractor that the Governmentwide commercial purchase card is no longer an authorized method of payment, the Contractor shall make such payment requests in accordance with instructions provided by the Contracting Officer during the period when the purchase card is not authorized.

(c) Payment. The Contractor and the third party shall agree that payments due under this contract shall be made upon submittal of payment requests to the third party in accordance with the terms and conditions of an agreement between the Contractor, the Contractor's financial agent (if any), and the third party and its agents (if any). No payment shall be due the Contractor until such agreement is made. Payments made or due by the third party under this clause are not payments made by the Government and are not subject to the Prompt Payment Act or any implementation thereof in this contract.

(d) Documentation. Documentation of each charge against the Government's account shall be provided to the Contracting Officer upon request.

(e) Assignment of claims. Notwithstanding any other provision of this contract, if any payment is made under this clause, then no payment under this contract shall be assigned under the provisions of the assignment of claims terms of this contract or the Assignment of Claims Act of 1940, (31 U.S.C. 3727, 41 U.S.C. 6305).

(f) Other payment terms. The other payment terms of this contract shall govern the content and submission of payment requests. If any clause requires information or documents in or with the payment request, that is not provided in the third party agreement referenced in paragraph (c) of this clause, the Contractor shall obtain instructions from the Contracting Officer before submitting such a payment request.

(End of clause)

DFARS Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

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

2024-05

SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (MAY 2024)

(a) Definitions. As used in this clause-

"Adequate security" means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

"Compromise" means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

"Contractor attributional/proprietary information" means information that identifies the contractor (s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

"Controlled technical information" means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

"Covered contractor information system" means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

"Covered defense information" means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.

archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is-

(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or

(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.

"Cyber incident" means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.

"Forensic analysis" means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.

"Information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.

"Malicious software" means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.

"Media" means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.

''Operationally critical support'' means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

"Rapidly report" means within 72 hours of discovery of any cyber incident.

"Technical information" means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Other Than Commercial Products and Commercial Services, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:

(1) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government, the following security requirements apply:

(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract.

(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.

(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:

(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, "Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations" (available via the internet at https://csrc.nist.gov/publications/sp800) in effect at the time the solicitation is issued or as authorized by the Contracting Officer.

(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.

(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.

(C) If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.

(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/documents-templates/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.

(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability.

These measures may be addressed in a system security plan.

(c) Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, the Contractor shall-

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts.

This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and

(ii) Rapidly report cyber incidents to DoD at https://dibnet.dod.mil.

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at https://dibnet.dod.mil.

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see https://public.cyber.mil/eca/.

(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer.

(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.

(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.

(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.

(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.

(i) Use and release of contractor attributional/proprietary information not created by or for DoD.

Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD-

(1) To entities with missions that may be affected by such information;

(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;

(3) To Government entities that conduct counterintelligence or law enforcement investigations;

(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or

(5) To a support services contractor ("recipient") that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

(j) Use and release of contractor attributional/proprietary information created by or for DoD.

Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government's use and release of such information.

(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.

(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S.

Government statutory or regulatory requirements.

(m) Subcontracts. The Contractor shall-

(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve covered defense information, including subcontracts for commercial products or commercial services, without alteration, except to identify the parties. The Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; and

(2) Require subcontractors to-

(i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and

(ii) Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable, when reporting a cyber incident to DoD as required in paragraph (c) of this clause.

252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the

2015-06

United States.

ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS

OUTSIDE THE UNITED STATES (JUN 2015)

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

(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall-

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

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

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

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

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

(1) A foreign government;

(2) A representative of a foreign government; or

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

(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from HQDA-AT; telephone (703) 693-9832.

(End of clause)

252.232-7006 Wide Area WorkFlow Payment Instructions.

2023-01

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"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) The WAWF system provides the method to electronically process Electronic invoicing.

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) To access WAWF, the Contractor shall- WAWF access.

(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) The Contractor should follow the training instructions of the WAWF WAWF training.

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) Document submissions may be via web WAWF methods of document submission.

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.

[ ] Invoice and Receiving Report (COMBO) (Supplies)

(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.

[xx] Invoice as 2 in 1 (Services)

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

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

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

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

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

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC

HQ0672

Issue By DoDAAC W912PB

Admin DoDAAC

W912PB

Inspect By DoDAAC N/A

Ship To Code N/A

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) W9069J

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC

N/A

Other DoDAAC(s) N/A

(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. The Contractor shall enter the e mail address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system.

Acceptor: TBD

Contract Specialist: Evelyn Butter, e-mail: evelyn.butter.ln@army.mil

(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.

N/A

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

Addendum to 52.212-4, Contract Terms and Conditions - Commercial Products and Commercial Services

Addendum to Clause 52.212-4 (Deviation):

Supplemental Instructions

(b) Inspection and Acceptance

Inspection and acceptance of all supplies and services shall be performed at the delivery destination specified within this contract.

(c) Assignment of Claims

The Federal Acquisition Regulation (FAR) clause 52.232-23, Assignment of Claims, is hereby superseded and replaced in its entirety by the Defense Federal Acquisition Regulation Supplement (DFARS) clause 252.232-7008, ASSIGNMENT OF CLAIMS (OVERSEAS) (JUN 2013).

DELIVERY REQUIREMENTS

The Government requires deliveries/services to commence within _ _ days after issuance of a 7 Task order. Performance Periods will be established on each Order issued under this contract.

DELIVERY/TASK ORDER PROCEDURES

a. Any Contracting Officer, assigned to Regional Contracting Office Bavaria, or any Ordering Officer, if appointed by the RCO-BV are authorized to issue Delivery/Task Orders under this contract. Written orders are considered "issued" for purposes of this contract, at the time the Government deposits the order in the (e)-mail.

b. Ordering Officers (appointed by the KO) are authorized to place oral calls under this contract for a total amount no greater than $25,000 per call. The KO will issue a written Task Order for any call greater than $25,000. All oral calls and confirming orders issued hereunder are subject to the terms and conditions of the contract. When placing an oral call, the person authorized to place a call will provide the contractor with,

(1) the contract number,

(2) the call number,

(3) the date ordered,

(4) the contract line item(s) being ordered,

(5) quantities to be ordered,

(6) desired delivery date, or period of performance

(7) point of contact,

(8) applicable addresses, and

(9) the amount of the order.

In the event of a conflict between an oral call and a confirming order, the confirming order shall control provided it does not conflict with the contract.

c. The quantities listed in this contract are estimated only, and are provided for general information, and shall not constitute a basis for a claim of price increase during performance of this contract.

d. In accordance with FAR Clause 52.216-21 (Deviation), "REQUIREMENTS" and FAR Clause 52.216-18 "ORDERING," paragraph (a), if the government issues a Task Order that requires performance past the end of the effective period of the contract, the pricing in effect at the end of the last effective ordering period will govern the entire Task Order.

e. Task Orders will not exceed 12 Months.

f. Ordering Officers must follow all requirements applicable to GPC account holders, and will:

1. Obtain a copy of the contract and any modifications, an invoice from the vendor, and written acknowledgement of government acceptance from the customer before authorizing payment.

2. Retain a copy of the contract, the invoice, and receiving documents in the GPC purchase file and promptly reconcile monthly statements.

3. Participate in monthly coordination with the KO to ensure all documents are received by all parties, verify continued funding levels, and validate contract performance periods.

INSTALLATION CLEARANCE REQUIREMENTS

a. Access to U.S. installations and controlled areas is limited to personnel who meet security criteria and are authorized by Host Nation law to work in that country. Failure to submit required information/data and obtain required documentation or clearances in accordance with AE Regulation 190-16, Installation Access Control, will be grounds for denying access to U.S.

installations and controlled areas. The Contractor is responsible to ensure that any Subcontractor used in performance of this contract complies with these requirements and that all employees, of both the Contractor and any Subcontractor utilized by the contractor, are made aware of and comply with these requirements.

b. The Contractor is responsible for being aware of and complying with the requirements associated with Installation Access Control. The Government is not liable for any costs associated with performance delays due solely to a firm's failure to comply with Installation Access Control (IAC) processing requirements.

c. The Contractor is responsible for returning installation passes to the issuing Installation Access Control Office (IACO) when the contract is completed or when a contractor employee no longer requires access.

d. AE Regulation 190-16 (and AE Regulation 190-16-G German translation) can be found on the following website:

https://www.aepubs.eur.army.mil/AE-Regulations/?smdsearch8659=AE%20Regulation%20190-16

Addendum to block 18a "Payment will be made by" of Standard Form 1449:

NOTE TO CONTRACTORS:

Contractors are required to submit their invoices through Wide Area Workflow (WAWF)

Payment inquiries can be submitted to dfas.rheinland-pfalz.jht.mbx.dgk-vendorpay@mail.mil

Payment status can be viewed within WAWF (PIEE)

*** END OF NARRATIVE ***

Addendum to Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate Deviation

Variation Effective Date

52.204-9 Personal Identity Verification of Contractor Personnel.

2011-01

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.

(Deviation 2026-O0038)

2026-02

52.228-3 Workers' Compensation Insurance (Defense Base Act).

2014-07

52.240-91 Security Prohibitions and Exclusions. (Deviation 2026- O0038)

2026-02

52.244-6 Subcontracts for Commercial Products and Commercial Services. (Deviation 2026-O0038)

2026-04

DFARS Clauses Incorporated by Reference

Date

Alternate Deviation

Variation Effective Date

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

2023-01

252.237-7010 Prohibition on Interrogation of 2023-01

Detainees by Contractor Personnel.

FAR Clauses Incorporated by Full Text

Date

Alternate Deviation

Variation Effective Date

52.216-18 Ordering. 2020-08

Ordering (Aug 2020)

Any supplies and services to be furnished under this contract shall be ordered by issuance (a) of delivery orders or task orders by the individuals or activities designated in the Schedule.

Such orders may be issued from Contract award date through the expiration date of the Contract.

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

A delivery order or task order is considered "issued" when-(c)

If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government (1) deposits the order in the mail;

If sent by fax, the Government transmits the order to the Contractor's fax number; or(2)

If sent electronically, the Government either-(3)

Posts a copy of the delivery order or task order to a Government document access system, (i) and notice is sent to the Contractor; or

Distributes the delivery order or task order via email to the Contractor's email address.(ii)

Orders may be issued by methods other than those enumerated in this clause only if (d) authorized in the contract.

(End of clause)

52.2…