W91QVN-24-D-0120.pdf

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Attached to
MAINTENANCE OF OIL/WATER SEPARATOR, USAG-HUMPHREYS
Solicitation number
W91QVN-24-R-0034
Issued by

About this file

This document is a Standard Form 1449 Solicitation/Contract/Order for Commercial Items related to the maintenance of oil/water separators at the US Army Garrison Humphreys in South Korea. It is a fixed-price contract awarded to FINEECO on August 22, 2024 for a total of KRW115,000,000.00 (approximately $115,000 USD).

The contract has a base period of 1 year, with 4 option periods of 1 year each. The contractor will be responsible for picking up, transporting, and disposing of oil/water mixtures, POL-laden sand/soil, and water from oil/water separators and bay trench drains across various facilities at the USAG Humphreys. Emergency unscheduled work is also included, with a fixed-price task order issued for each incident. The contract is a small business set-aside with a NAICS code of 221320. The contracting activity is the 411th Contracting Support Brigade, Korea.

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SEE ADDENDUM

(No Collect Calls)

W91QVN24R0034 11-Apr-2024

b. TELEPHONE NUMBER

315-755-0644

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 17 May 2024

5. SOLICITATION NUMBER 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 ARE

X

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.010-2285-6118

W91QVN9. ISSUED BY

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

W91QVN24D0120 01-Sep-2024

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MS KIM, CHONG AE

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

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL 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

MR. MOSER, EMERY S. / CONTRACT SPECIALIST

KRW115,000,000.00

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE 256JF FACILITY

OFFEROR CODE

411TH CONTRACTING SUPPORT BRIGADE, KOREA

HUMPHREYS CONTRACTING DIVISION

UNIT 15289

APO AP 96271-5584

UNITED STATES

FINEECO

YI, CHONGSONG

168-11, HYEONGOK-GIL, CHEONGBUK-EUP

PYEONGTAEK-SI

KOREA, SOUTH

AFAS-K, 8TH ARMY G8

ATTN: ACCOUNTS PAYABLE BRANCH

UNIT# 15236

APO AP 96205-5236

UNITED STATES

18a. PAYMENT WILL BE MADE BY CODE W56GBU

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE

SEE ITEM 9

15. DELIVER TO CODE WT4KBR 16. ADMINISTERED BY

NET 30 DAYS

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

DIRECTORATE OF PUBLIC WORKS

MR. YI, SAM YONG

BLDG S-1644 DPW, USAG HUMPHREYS UNIT # 15228

APO AP 96271-5228

UNITED STATES

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$35,000,000

NAICS:

221320

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL: emery.s.moser.civ@army.mil

315-755-3403TEL:

31c. DATE SIGNED

21-Aug-2024

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

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

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.

W91QVN24D0120

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES ESTIMATED

QUANTITY

UNIT UNIT PRICE ESTIMATED AMOUNT

0001 200,000 Kilogram KRW300.00 KRW60,000,000.00

FROM OWS

FFP

Pick-Up, Transport, and Dispose of Oil/Water Mixture from OWS, IAW PWS Para 8.3.

FOB: Destination

PSC CD: Z1AZ

ESTIMATED

NET AMT

KRW60,000,000.00

UNIT UNIT PRICE ESTIMATED AMOUNT

0002 40,000 Kilogram KRW250.00 KRW10,000,000.00

FROM OIL/WATER SEPARATOR

FFP

Pick-Up, Transport, and Dispose POL-Laden Sand/Soil Mixture from Oil/Water Separator, IAW PWS Para 8.4.

KRW10,000,000.00

UNIT UNIT PRICE ESTIMATED AMOUNT

0003 400,000 Kilogram KRW60.00 KRW24,000,000.00

FROM OIL/WATER SEPARATOR

FFP

Pick-Up and Transport Water from Oil/Water Separator, IAW PWS Para 8.5.

KRW24,000,000.00

UNIT UNIT PRICE ESTIMATED AMOUNT

0004 1,000 Kilogram KRW1,000.00 KRW1,000,000.00

FROM BAY TRENCH DRAINS

FFP

Pick-Up, Transport, and dispose Sand/Soil Mixture from Bay Trench Drains, IAW PWS Para 8.6.

KRW1,000,000.00

UNIT UNIT PRICE ESTIMATED AMOUNT

0005 100 Job KRW200,000.00 KRW20,000,000.00

EMERGENCY UNSCHEDULED WORK

FFP

The Contractor shall provide repair part, material, and labor cost for unscheduled maintenance. A FFP Task Order will be issued after completion of negotiation for each task order, IAW Para 8.12 of the PWS.

Total Estimated Amount is W20,000,000. The Contractor shall NOT submit a price or amount for this CLIN

KRW20,000,000.00

UNIT UNIT PRICE ESTIMATED AMOUNT

0006 1 Each NSP

WAR HAZARDOUS

FFP

Estimated War Hazard losses is ZERO (0)

UNIT UNIT PRICE ESTIMATED AMOUNT

1001 200,000 Kilogram KRW306.00 KRW61,200,000.00

OPTION FROM OWS

FFP

Pick-Up, Transport, and Dispose of Oil/Water Mixture from OWS, IAW PWS Para 8.3.

KRW61,200,000.00

UNIT UNIT PRICE ESTIMATED AMOUNT

1002 40,000 Kilogram KRW255.00 KRW10,200,000.00

OPTION FROM OIL/WATER SEPARATOR

FFP

Pick-Up, Transport, and Dispose POL-Laden Sand/Soil Mixture from Oil/Water Separator, IAW PWS Para 8.4.

KRW10,200,000.00

UNIT UNIT PRICE ESTIMATED AMOUNT

1003 400,000 Kilogram KRW61.00 KRW24,400,000.00

OPTION FROM OIL/WATER SEPARATOR

FFP

Pick-Up and Transport Water from Oil/Water Separator, IAW PWS Para 8.5.

KRW24,400,000.00

UNIT UNIT PRICE ESTIMATED AMOUNT

1004 1,000 Kilogram KRW1,020.00 KRW1,020,000.00

OPTION FROM BAY TRENCH DRAINS

FFP

Pick-Up, Transport, and dispose Sand/Soil Mixture from Bay Trench Drains, IAW PWS Para 8.6.

KRW1,020,000.00

UNIT UNIT PRICE ESTIMATED AMOUNT

1005 100 Job KRW200,000.00 KRW20,000,000.00

OPTION EMERGENCY UNSCHEDULED WORK

FFP

The Contractor shall provide repair part, material, and labor cost for unscheduled maintenance. A FFP Task Order will be issued after completion of negotiation for each task order, IAW Para 8.12 of the PWS.

Total Estimated Amount is W20,000,000. The Contractor shall NOT submit a price or amount for this CLIN

UNIT UNIT PRICE ESTIMATED AMOUNT

1006 1 Each NSP

OPTION WAR HAZARDOUS

FFP

Estimated War Hazard losses is ZERO (0)

UNIT UNIT PRICE ESTIMATED AMOUNT

2001 200,000 Kilogram KRW312.00 KRW62,400,000.00

OPTION FROM OWS

FFP

Pick-Up, Transport, and Dispose of Oil/Water Mixture from OWS, IAW PWS Para 8.3.

KRW62,400,000.00

UNIT UNIT PRICE ESTIMATED AMOUNT

2002 40,000 Kilogram KRW260.00 KRW10,400,000.00

OPTION FROM OIL/WATER SEPARATOR

FFP

Pick-Up, Transport, and Dispose POL-Laden Sand/Soil Mixture from Oil/Water Separator, IAW PWS Para 8.4.

KRW10,400,000.00

UNIT UNIT PRICE ESTIMATED AMOUNT

2003 400,000 Kilogram KRW62.00 KRW24,800,000.00

OPTION FROM OIL/WATER SEPARATOR

FFP

Pick-Up and Transport Water from Oil/Water Separator, IAW PWS Para 8.5.

KRW24,800,000.00

UNIT UNIT PRICE ESTIMATED AMOUNT

2004 1,000 Kilogram KRW1,040.00 KRW1,040,000.00

OPTION FROM BAY TRENCH DRAINS

FFP

Pick-Up, Transport, and dispose Sand/Soil Mixture from Bay Trench Drains, IAW PWS Para 8.6.

KRW1,040,000.00

UNIT UNIT PRICE ESTIMATED AMOUNT

2005 100 Job KRW200,000.00 KRW20,000,000.00

OPTION EMERGENCY UNSCHEDULED WORK

FFP

The Contractor shall provide repair part, material, and labor cost for unscheduled maintenance. A FFP Task Order will be issued after completion of negotiation for each task order, IAW Para 8.12 of the PWS.

Total Estimated Amount is W20,000,000. The Contractor shall NOT submit a price or amount for this CLIN

UNIT UNIT PRICE ESTIMATED AMOUNT

2006 1 Each NSP

OPTION WAR HAZARDOUS

FFP

Estimated War Hazard losses is ZERO (0)

UNIT UNIT PRICE ESTIMATED AMOUNT

3001 200,000 Kilogram KRW318.00 KRW63,600,000.00

OPTION FROM OWS

FFP

Pick-Up, Transport, and Dispose of Oil/Water Mixture from OWS, IAW PWS Para 8.3.

KRW63,600,000.00

UNIT UNIT PRICE ESTIMATED AMOUNT

3002 40,000 Kilogram KRW265.00 KRW10,600,000.00

OPTION FROM OIL/WATER SEPARATOR

FFP

Pick-Up, Transport, and Dispose POL-Laden Sand/Soil Mixture from Oil/Water Separator, IAW PWS Para 8.4.

KRW10,600,000.00

UNIT UNIT PRICE ESTIMATED AMOUNT

3003 400,000 Kilogram KRW64.00 KRW25,600,000.00

OPTION FROM OIL/WATER SEPARATOR

FFP

Pick-Up and Transport Water from Oil/Water Separator, IAW PWS Para 8.5.

KRW25,600,000.00

UNIT UNIT PRICE ESTIMATED AMOUNT

3004 1,000 Kilogram KRW1,061.00 KRW1,061,000.00

OPTION FROM BAY TRENCH DRAINS

FFP

Pick-Up, Transport, and dispose Sand/Soil Mixture from Bay Trench Drains, IAW PWS Para 8.6.

KRW1,061,000.00

UNIT UNIT PRICE ESTIMATED AMOUNT

3005 100 Job KRW200,000.00 KRW20,000,000.00

OPTION EMERGENCY UNSCHEDULED WORK

FFP

The Contractor shall provide repair part, material, and labor cost for unscheduled maintenance. A FFP Task Order will be issued after completion of negotiation for each task order, IAW Para 8.12 of the PWS.

Total Estimated Amount is W20,000,000. The Contractor shall NOT submit a price or amount for this CLIN

UNIT UNIT PRICE ESTIMATED AMOUNT

3006 1 Each NSP

OPTION WAR HAZARDOUS

FFP

Estimated War Hazard losses is ZERO (0)

UNIT UNIT PRICE ESTIMATED AMOUNT

4001 200,000 Kilogram KRW325.00 KRW65,000,000.00

OPTION FROM OWS

FFP

Pick-Up, Transport, and Dispose of Oil/Water Mixture from OWS, IAW PWS Para 8.3.

KRW65,000,000.00

UNIT UNIT PRICE ESTIMATED AMOUNT

4002 40,000 Kilogram KRW271.00 KRW10,840,000.00

OPTION FROM OIL/WATER SEPARATOR

FFP

Pick-Up, Transport, and Dispose POL-Laden Sand/Soil Mixture from Oil/Water Separator, IAW PWS Para 8.4.

KRW10,840,000.00

UNIT UNIT PRICE ESTIMATED AMOUNT

4003 400,000 Kilogram KRW65.00 KRW26,000,000.00

OPTION FROM OIL/WATER SEPARATOR

FFP

Pick-Up and Transport Water from Oil/Water Separator, IAW PWS Para 8.5.

KRW26,000,000.00

UNIT UNIT PRICE ESTIMATED AMOUNT

4004 1,000 Kilogram KRW1,082.00 KRW1,082,000.00

OPTION FROM BAY TRENCH DRAINS

FFP

Pick-Up, Transport, and dispose Sand/Soil Mixture from Bay Trench Drains, IAW PWS Para 8.6.

KRW1,082,000.00

UNIT UNIT PRICE ESTIMATED AMOUNT

4005 100 Job KRW200,000.00 KRW20,000,000.00

OPTION EMERGENCY UNSCHEDULED WORK

FFP

The Contractor shall provide repair part, material, and labor cost for unscheduled maintenance. A FFP Task Order will be issued after completion of negotiation for each task order, IAW Para 8.12 of the PWS.

Total Estimated Amount is W20,000,000. The Contractor shall NOT submit a price or amount for this CLIN

UNIT UNIT PRICE ESTIMATED AMOUNT

4006 1 Each NSP

OPTION WAR HAZARDOUS

FFP

Estimated War Hazard losses is ZERO (0)

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-SEP-2024 TO

31-AUG-2025

N/A DIRECTORATE OF PUBLIC WORKS

MR. YI, SAM YONG

BLDG S-1644 DPW, USAG HUMPHREYS

UNIT # 15228

APO AP 96271-5228

UNITED STATES

756-3340

WT4KBR

0002 POP 01-SEP-2024 TO

31-AUG-2025

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-SEP-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-SEP-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-SEP-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 01-SEP-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-SEP-2025 TO

31-AUG-2026

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-SEP-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-SEP-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 01-SEP-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 01-SEP-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

1006 POP 01-SEP-2025 TO

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-SEP-2026 TO

31-AUG-2027

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-SEP-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-SEP-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 POP 01-SEP-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2005 POP 01-SEP-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

2006 POP 01-SEP-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-SEP-2027 TO

31-AUG-2028

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-SEP-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-SEP-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 POP 01-SEP-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3005 POP 01-SEP-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

3006 POP 01-SEP-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-SEP-2028 TO

31-AUG-2029

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-SEP-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 01-SEP-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 POP 01-SEP-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

4005 POP 01-SEP-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

4006 POP 01-SEP-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

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

NOV 2023

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications

NOV 2021

52.225-14 Inconsistency Between English Version And Translation Of Contract

FEB 2000

52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 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

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

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

JAN 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 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

252.216-7003 Economic Price Adjustment - Wage Rates or Material Prices Controlled by a Foreign Government

MAR 2012

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7041 Correspondence in English JUN 1997 252.232-7003 Electronic Submission of Payment Requests and

Receiving Reports

DEC 2018

252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

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

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (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)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C.

3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

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

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

[Contracting Officer check as appropriate.]

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

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

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

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

X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub.

L. 109-282) (31 U.S.C. 6101 note).

___ (6) [Reserved]

___ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

X (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

X (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

___ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders--Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).

___ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115-390, title II).

___ (ii) Alternate I (DEC 2023) of 52.204-30.

X (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

X (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (14) [Reserved]

____ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (17) [Reserved]

____ (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (20) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)).

____ (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (SEP 2023) of 52.219-9.

____ (22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

____ (26) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2023) (15 U.S.C.

632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

____ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

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

644(r)).

____ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

____ (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

____ (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (NOV 2023) (E.O. 13126).

____ (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

____ (34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

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

____ (ii) Alternate I (JUL 2014) of 52.222-35.

____ (36)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

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

____ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

X (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

____ (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

____ (44)(i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (45)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (47)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

X (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

____ (49) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (50) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (51)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (52) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

____ (ii) Alternate I (OCT 2022) of 52.225-1.

____ (53)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I [Reserved].

____ (iii) Alternate II (DEC 2022) of 52.225-3.

____ (iv) Alternate III (NOV 2023) of 52.225-3.

____ (v) Alternate IV (OCT 2022) of 52.225-3.

____ (54) 52.225-5, Trade Agreements (NOV 2023) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (55) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

____ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

____ (59) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services

(NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

____ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

X (62) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (63) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management

(JUL 2013) (31 U.S.C. 3332).

____ (64) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (65) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (66) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (67)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

_____ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

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

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C.

chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C.

1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L.

115-390, title II).

(B) Alternate I (DEC 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (SEP 2023) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xv) 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C. chapter 67).

(xvi) X (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O.

13627).

X (B) Alternate I (MAR 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67.)

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67)

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xxii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_62 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247- 64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.216-18 ORDERING. (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 1 August 2024 through 31 July 2029

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

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

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

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

(3) If sent electronically, the Government either--

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

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

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

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

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

(1) Any order for a single item in excess of $150,000.00;

(2) Any order for a combination of items in excess of $150,000.00; or

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

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

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within three (3) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

52.216-21 REQUIREMENTS (OCT 1995)

(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated'' or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.

(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.

(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.

(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 12 months after the end of the contract period.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within at anytime prior to the expiration date of contract.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days of contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

Funds are not presently available for performance under this contract beyond 30 September. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 30 September, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

The full text of FAR clauses and provisioins can be found at https://www.acqusition.gov

The full text of DFARS clauses and provisions can be found at https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html

(End of Clause)

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 https://www.acqusition.gov/ https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html https://www.sam.gov/

(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.

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(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.

(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for 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 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.] https://wawf.eb.mil/

(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 W56GBU

Issue By DoDAAC W91QVN

Admin DoDAAC** W91QVN

Inspect By DoDAAC WT4KBR

Ship To Code

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) WT4KBR

Service Acceptor (DoDAAC) WT4KBR

Accept at Other DoDAAC WT4KBR

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.

(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.

(Contracting Officer: Insert applicable information or “Not applicable.”)

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

ATTACHMENT #1

PERFORMANCE WORK STATEMENT

Maintenance of Oil/Water Separators at USAG-Humphreys

I. INTRODUCTION: This is a non-personal services contract to provide maintenance service of oil/water separators to pick-up, transport and dispose oil/water mixtures and contaminated sand/soil from various oil/water separators (OWS) in the US Army Garrison Humphreys. The Government will not exercise any supervision or control over the contract service providers. The Contractor shall perform to the standards specified in this Performance Work Statement (PWS). Contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1. Background: The USAG Humphreys is in need of providing reliable sanitary and industrial wastewater system that support tenants mission and promotes public health of installation. The United States Army Garrison (USAG) Humphreys is located in Pyeongtaek city, Gyeonggi Province, Korea, and consists of approximately 3,370 acres and 954 buildings. The population base consists of approximately 40,000 military, Government civilian, and Contactor personnel, as well as resident family members.

There are multiple facilities located throughout USAG-Humphreys and remote sites, belonging to the Area III to be serviced under this contract. The contractor shall maintain the Oil/water separators to ensure reliable sanitary and installation wastewater system as well as support tenant missions and promotes installation health.

1.2. Objectives:

1.2.1. The Contractor shall ensure all work accomplished in the performance of this PWS meets all applicable Federal and local laws, regulations, and directives to include, but not limited to, the publications in paragraph 7, Related Documents.

1.2.2. The Contractor shall compile historical data, prepare required reports, and submit all information as specified by the deliverables presented in the contract. The Contractor shall ensure all work in support of mission requirements tendered to the Government for acceptance conform to the measurable performance standards of quality, timeliness, and quantity specified in the PWS of this contract.

1.2.3. The intent is to establish work requirements that are performance-based and results-oriented.

The Contractor shall determine the best and most cost-effective ways to fulfill removal and disposal of oily water, oil/water mixtures and contaminated sand/soils from oil/water separator and wash rack facilities and their component needs, emphasizing innovation and commercial best practices.

1.3. Climatic Conditions: The average annual rainfall is 53 inches; with the wettest months being July - August. The average annual snowfall is 11 inches, with snowfall expected during the period of December - February.

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