B.08 Solicitation - W91YTZ25QA033 (1).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

Hearing Aid Tester/Verifit VF-2

Product Service Code: 6515

W91YTZ25QA033

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Statement of Work

1.1 Overview

This document outlines the request to provide a replacement and additional hearing aid verification system. The current equipment (ECN:

047576) remains inoperable due to a required repair that cannot be performed due the equipment exceeding lifecycle and is past the production date the vendor will service. Therefore, the clinic currently has no way to deliver hearing aid prescription verification, which is standard of care. The second system will allow for hearing aid fittings in an additional examination room, so patient scheduling is no longer constrained by room availability, enabling more scheduling options for patients. NOAH software requested below has an ATO the DHA network. This software integrates government hearing aid vendor software with the verification hardware to display hearing aid output while the clinician conducts a hearing aid fitting. The following items are requested for purchase:

Verifit VF-2, Verifit VF-2 REM/HAT Analyzer 8531954 (Qty 2) Audioscan Noah module 8521199, ETY-VA-201-ADDTL (Qty 2)

Shipping delivery:

Womack Army Medical Center ATTN: Property Management Branch 4-2817 Rock Merritt Avenue Fort Bragg, NC 28310

1.2 Objective

Delivery and install two Verifit VF-2 Systems and NOAH software modules in two different hearing aid examination rooms to enable prescription verification of hearing aids that integrates with hearing aid fitting software to enable real-time verification of programming changes. The system will be installed on the DHA network computers, but also allows for standalone operation for hearing instrument testing.

1.3 Scope

The contractor will deliver and install hardware and software in collaboration with Womack Logistics, specifically Equipment Management and Medical Maintenance, and Womack Information Management. Installation will include verification of all system functions, including confirmation of interoperability with NOAH and calibration. The vendor will furnish the following:

Verifit VF-2 display unit with built-in speakers Verifit VF-2 test box 2cc and .4 cc couplers probe dock Audioscan NOAH module tests binaural and monoaural on-ear and test box speech mapping capabilities directional, noise reduction, feedback, and occlusion measurements capabilities real ear-to-coupler difference (RECD) measurement capabilities Telecoil loop testing ANSI/IEC tests for hearing aids two probe microphones per unit test box coupler and reference microphones 16kHz width measurements wired real ear to coupler difference (WRECD) probe guide ambient noise level monitoring comparison input/output curse networking capability sensory loss simulator over the counter (OTC) test suite probe tubes (40/package) monitor headset battery pills Audioscan Noah module Installation in two different audiology examination rooms in Public Health at Womack Army Medical Center Shipping

1.4 Location

The equipment will be delivered to the following address: Womack Army Medical Center ATTN: Property Management Branch 4-2817 Rock Merritt Avenue Fort Bragg, NC 28310

The installation will occur in rooms 119 and 293, Building 1-2739 Hamilton St, Fort Bragg, NC.

1.5 Timeframe

Purchase of the equipment should be immediate. The current system is inoperable and replacement has not been addressed this FY due to delays related to the continuing resolution. Installation should not take more than three business days.

1.6 Schedule

Delivery should occur no later than two weeks after purchase. Installation shall occur within 30 days from purchase and delivery due to enable maximum useable time prior to the calibration expiring, and because the section has been without a system for over six months. The Ft Bragg Hearing Program is open 0700-1530 M-F with the exception of federal holidays.

1.7 Deliverables

Deliverables shall be two calibrated Verfit V-2, installed to the network and with all components functional, as listed in 1.3 Scope.

1.8 Standards

The Verifit system shall meet ANSI/ASA S3.22 specification for assessing hearing instruments and ANSI/ASA S1.4 for sound level meters.

1.9 Workforce requirements

The software installation will require support from WAMC IMD, the hardware installation will require assistance from medical maintenance for in-processing the equipment onto the hand receipt and verifying the equipment contains all components prior to installation, and oversight on the days of installation. The four audiologists assigned to the Ft Bragg Hearing Program will operate this system as part of routine hearing aid fitting and reprogramming appointments.

1.10 Payment Terms

Womack- DEFENSE FINANCE AND ACCOUNTING SVC Payment will be made after receiving equipment and invoice acceptance through WAWF.

Item Supplies/Service Quantity Unit Unit Price Amount

Product Service Description: VERIFIT

VF-2

Manufacturer's Name: E3 Diagnostics Product Service Code: 6515 North American Industry Classification System (NAICS): 339112 Pricing Arrangement: Firm Fixed Price

2 Each

Product Service Description:

AUDIOSCAN NOAH MODULE

Manufacturer's Name: E-3 diagnostics Product Service Code: 6515 North American Industry Classification System (NAICS): 339112 Pricing Arrangement: Firm Fixed Price

2 Each

Product Service Description:

INSTALLATION FEE

Manufacturer's Name: E3 Diagnostic Product Service Code: 6515 North American Industry Classification System (NAICS): 339112 Pricing Arrangement: Firm Fixed Price

2 Each

Product Service Description:

SHIPPING

Manufacturer's Name: E3 Diagnostic Product Service Code: 6515

2 Each

North American Industry Classification System (NAICS): 339112 Pricing Arrangement: Firm Fixed Price

Continuation of Description

Salient Characteristics:

2 PRODUCT SPECIFICATIONS

REAL-EAR (REM) Per IEC 61669/ANSI S3.46 REM Speakers dual 5 x 9 cm w/ ducted ports Probe modules dual probe and ref. microphones Probe microphone tube silicone 1 mm diameter x 75 mm Analyzer frequency range 200 - 16000Hz Analyzer filter parameters tones, warble 1/12 octave speech, noise 1/3 octave Analyzer display range 200 - 12500 Hz Probe microphone noise floor (200 - 12500 Hz) Frequency accuracy 1% Measurement dynamic range 30 - 135 dB SPL (200 - 2500 Hz) 30 - 140 dB SPL (2500 - 12500 Hz) Speech-like stimuli calibrated speech (level and spectrum), ISTS, band-limited and s/sh for verifying frequency lowering, live speech Broadband noise stimuli tone burst, pseudo-pink noise Narrowband stimuli warble sawtooth modulated +/- 3% over 128 ms User supplied stimuli WAV file, auto level Stimulus level range 40 - 85 dB SPL in 5 dB steps Measurement accuracy at 1 kHz (CAL position) +/- 1 dB Measurement accuracy re 1 kHz 200 - 2000 Hz +/- 1.5 dB SPL 2000 - 8000 Hz +/- 2.5 dB SPL 8000 - 12500 Hz +/- 4 dB SPL Equalization modified pressure method - concurrent and stored

Distance of .5m in a quasi-free sound field, where the boundaries of the room exert a negligible effect.

GENERAL

TEST BOX (HIT) Per IEC 60118/ANSI S3.22 Test box speakers 1 front, 2 side, 30 mm independent Working space 28w x 12.7d x 3.8h cm3 Isolation @1kHz >25dB Analyzer frequency range 200 - 16000 Hz Analyzer filter parameters tones 1/12 octave speech, noise 1/3 octave Analyzer display range 200 - 12500 Hz Coupler microphone noise floor (200 - 12500 Hz) Frequency accuracy 1% Measurement dynamic range 30 - 135 dB SPL (200 - 2500 Hz) 30 - 140 dB SPL (2500 - 12500 Hz) Speech-like stimuli calibrated speech (level and spectrum), ISTS, band-limited and s/sh for verifying frequency lowering, live speech Broadband noise stimuli tone burst, pseudo-pink noise Narrowband stimuli pure tone User supplied stimuli WAV file, auto level Test stimulus levels 40 - 90 dB in 5 dB steps Test stimulus distortion (tone) Measurement accuracy at 1 kHz (CAL position) +/- 1 dB Measurement accuracy re 1 kHz 200 - 2000 Hz +/- 1.5 dB SPL 2000 - 8000 Hz +/- 2.5 dB SPL 8000 - 12500 Hz +/- 4 dB SPL Equalization modified pressure method - concurrent Harmonic distortion measurement 2nd and 3rd or 2nd plus 3rd Harmonic distortion range 200 - 4000 Hz Harmonic distortion accuracy +/- 1% Battery drain range (+/- .01 mA) 0 - 20 mA Battery drain accuracy +/- 5% Telecoil loop accuracy +/- 3 dB Telecoil stimulus 31.5 mA/m per ANSI S3.22

Temperature (storage) -20 to +60C Relative humidity (non-condensing) 5% to 95% Atmospheric pressure 810 - 1060 hPA Power source 100 - 240V, 47 - 63Hz, 1.35A Overall dimensions:

Display unit WxHxD 35.6 x 40.3 x 16.5 cm (14 x 16 x 6.5 in.)

Test box WxHxD 35.6 x 13.7 x 32.8 cm (14 x 5.4 x 12.9 in.)

Weight 6.5 kg (14.4 lbs) Display type LED backlit active color Display size 12.1 in. diagonal

Stereo headphone monitor amplifier 250 mW into 16 ohms, L/R Power amplifiers 2 @ 5 watts each Simultaneous stimulus channels 2 Simultaneous measurement channels 2 Connectors 1 - Ethernet (RJ45) 5 - USB

1 - HDMI

2 - External speakers (RCA)

1 - Display unit/Test box interconnection (HDMI style) 1 - Probe dock (Mini-din) 2 - Probe microphone (3.5 mm TRS) 1 - WRECD transducer (3.5 mm TRS) 1 - Tele test handset (3.5 mm

TRS)

1 - Binaural monitor headphone (6.3 mm TRS) 2 - Test box ref. mic. (3.5 mm TRS) 1 - Binaural coupler microphone (3.5 mm TRS) 1 - Battery substitute (3.5 mm TRS)

For detailed testing capabilities, see the Verifit2 user guide at https://audioscan.com/library audioscan.com | USA 800-265-2093 | INT'L +1 519-268-3313 | info@audioscan.com

Requirements The Medical Readiness Contracting Office- East (MRCO-E), Fort Liberty, NC intends to solicit, negotiate, and award a purchase order for Lowest Price Technically acceptable and brand name supply requirement for Hearing Aid Tester located at to the Womack Army Medical Center. This is a firm fixed price requirement. The delivery period for this requirement is 30 Days on or before date of award 1 June 2025. This is a synopsis for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: Delivery date on or before 7/1/2025

DoDAAC: W91YTZ

W40M MRCO EAST

MEDICAL READINESS CONTR OFFICE EAST, 9275 DOERR ROAD BLDG 1221

FORT BELVOIR, VA 22060-5580

UNITED STATES

Gorette Terry Email: gorette.m.terry2.civ@health.mil Telephone: 910-907-6952

Inspection and Acceptance Location

Both Destination Instructions: delivery 30 days on or before 7/1/2025

DoDAAC: W91YTZ

W40M MRCO EAST

MEDICAL READINESS CONTR OFFICE EAST, 9275 DOERR ROAD BLDG 1221

FORT BELVOIR, VA 22060-5580

UNITED STATES

Gorette Terry Email: gorette.m.terry2.civ@health.mil Telephone: 910-907-6952

Inspection and Acceptance Location

Both Destination Instructions: delivery 30 days on or before 7/1/2025

DoDAAC: W91YTZ

W40M MRCO EAST

MEDICAL READINESS CONTR OFFICE EAST, 9275 DOERR ROAD BLDG 1221

FORT BELVOIR, VA 22060-5580

UNITED STATES

Gorette Terry Email: gorette.m.terry2.civ@health.mil Telephone: 910-907-6952

Inspection and Acceptance Location

Both Destination Instructions: delivery 30 days on or before 7/1/2025

DoDAAC: W91YTZ

W40M MRCO EAST

MEDICAL READINESS CONTR OFFICE EAST, 9275 DOERR ROAD BLDG 1221

FORT BELVOIR, VA 22060-5580

UNITED STATES

Gorette Terry Email: gorette.m.terry2.civ@health.mil Telephone: 910-907-6952

Continuation of Deliveries or Performance

Delivery On Or Before Delivery Date 01 Jul 2025

Party to Pay Transportation Cost: Contractor

Point Type: Destination

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

Delivery On Or Before Delivery Date 01 Jul

2 Each Service Performance Site DoDAAC: HT0911

AMC BRAGG - MM

2817 REILLY ROAD, BLDG 4

FORT BRAGG, NC 28310

UNITED STATES

Gorette Terry Email: gorette.m.terry2.civ@health.

mil Telephone: 910-907-6952

FoB Details

Party to Pay Transportation Cost:

Contractor

Point Type: Destination

Delivery On Or Before Delivery Date 01 Jul

2 Each Service Performance Site DoDAAC: HT0911

AMC BRAGG - MM

2817 REILLY ROAD, BLDG 4

FORT BRAGG, NC 28310

UNITED STATES

Terry Gorette Email: gorette.m.terry2.civ@health.

mil Telephone: 910-907-6952

FoB Details

Party to Pay Transportation Cost:

Contractor

Point Type: Destination

Delivery On Or Before Delivery Date 01 Jul

2 Each Service Performance Site DoDAAC: HT0911

AMC BRAGG - MM

2817 REILLY ROAD, BLDG 4

FORT BRAGG, NC 28310

UNITED STATES

Gorette Terry Email: gorette.m.terry2.civ@health.

mil Telephone: 910-907-6952

FoB Details

Party to Pay Transportation Cost:

Contractor

Point Type: Destination

Delivery On Or Before Delivery Date 01 Jul

2 Each Service Performance Site DoDAAC: HT0911

AMC BRAGG - MM

2817 REILLY ROAD, BLDG 4

FORT BRAGG, NC 28310

UNITED STATES

Gorette Terry Email: gorette.m.terry2.civ@health.

mil Telephone: 910-907-6952

FoB Details

Party to Pay Transportation Cost:

Contractor

Point Type: Destination

Contract Clauses

FAR Clauses Incorporated by Full Text

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

As prescribed in , use the following clause:4.1105(b)

SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2018)

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

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

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

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

SAM;

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

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

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

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

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

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

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

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

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

Change the name in SAM;(A)

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

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

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

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

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

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

(End of clause)

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

As prescribed in , use the following clause:4.1804(c)

COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)

As used in this clause-(a) Definition.

means-Commercial and Government Entity (CAGE) code

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

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

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

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

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

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

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

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

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

(End of clause)

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

As prescribed in , insert the following clause:12.301(b)(3)

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

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

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

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

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

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

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

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

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

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

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

(i) Name and address of the Contractor;

(ii) Invoice date and number;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(D) Contractor point of contact.

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

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

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

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

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

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

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

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

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

(A) The date fixed under this contract.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) [Reserved]

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

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

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

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

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

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

(End of clause)

52.233-3 Protest after Award. (Aug 1996)

As prescribed in , insert the following clause:33.106(b)

PROTEST AFTER AWARD (AUG 1996)

Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting (a) Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stop-page.

Upon receipt of the final decision in the protest, the Contracting Officer shall either-

Cancel the stop-work order; or(1)

Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this (2) contract.

If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. (b) The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-

The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part (1) of this contract; and

The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage; , that if the Contracting (2) provided Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal at any time before final payment under this contract.

If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting (c) Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by (d) equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

The Government's rights to terminate this contract at any time are not affected by action taken under this clause.(e)

If, as the result of the Contractor's intentional or negligent misstatement, misrepresentation, or miscertification, a protest related to this contract (f) is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2) or 33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available, and pursuant to the requirements of subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government.

(End of clause)

DFARS Clauses Incorporated by Full Text

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

As prescribed in 203.171-4(a), use the following clause:

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

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

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

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

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

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

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

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

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

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

(End of clause)

252.211-7003 Item Unique Identification and Valuation. (Jan 2023)

As prescribed in 211.274-5(a), use the following clause:

ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)

(a) . As used in this clause- Definitions

"Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

"Concatenated unique item identifier" means-

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

"Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.

"Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

"DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at . https://www.acq.osd.mil/asda/dpc/ce/ds/unique-id.html

"DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

" Enterprise " means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

" Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing agency.

"Government's unit acquisition cost" means-

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.

"Issuing agency" means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

"Issuing agency code" means a code that designates the registration (or controlling) authority for the enterprise identifier.

"Item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

" Lot or batch number" means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

"Machine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

"Original part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

"Parent item" means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

"Serial number within the enterprise identifier" means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

"Serial number within the part, lot, or batch number" means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

"Serialization within the enterprise identifier" means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

"Serialization within the part, lot, or batch number" means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

"Type designation" means a combination of…