CONTAINER, ISU90KC, 4 DOOR, TAN 3 EA Freight to Moody AFB 1 EA Requirments: Must meet the cargo load dimensions of the following methods/airframes of transportation: semi-truck, C-130, and Boeing 747. Air-Mobile container for shipping and storage of equipment, spare parts, and high value cargo. A container that is adaptable to unique user requirements, which will improve mobilization capability for our unit. 108"W X 88"L X 91.35"H This is a brand name or equal requirement. Containers must have four doors and be comparable in size to the ISU90KC. FAR 52.232-18: Availability of Funds : Funds are not presently available for this contract. The Government's obligation under this contract 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 until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. WARRANTY INFORMATION IS REQUIRED WITH INFORMATION Include all discounts that may apply. Include CAGE code with quoting information. BASIS FOR ANY RESULTING AWARD : The Government will award a purchase order to the quoter whose price is judged to represent the best value to the government. Quotes will be evaluated on lowest price technically acceptable. All quoters must be System for Award Management (SAM) registered, www.sam.gov . QUOTERS MAY INCLUDE A COMPLETE COPY OF THE PROVISION AT FAR 52.212-3 QUOTER REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS WITH THEIR QUOTE, which can be downloaded from the internet or requested in writing via facsimile at 229-257-3547. Quoters that fail to furnish the required representation information via submission or ORCA registration, or reject the terms and conditions of the solicitation, may be excluded from consideration. The listed Federal Acquisition Regulation (FAR) clauses apply to this solicitation and are incorporated by reference. All FAR Clauses may be viewed in full text via the Internet at www.acquisition.gov . Provisions Incorporated by Reference 52.204-7 – System for Award Management (Oct 2018) 52.204-16 – Commercial and Government Entity Code Reporting (Jul 2016) 52.204-17 – Ownership or Control of Offeror (Jul 2016) 52.204-20 – Predecessor of Offeror (Jul 2016) 52.204-24 – Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Dec 2019) 52.209-2 – Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 2015) 52.212-1 – Instructions to Offerors – Commercial Items (Oct 2018) 52.212-3 – Offeror Representations and Certifications – Commercial Items (Dec 2019) 52.219-1 – Small Business Program Representations (Oct 2014) 52.219-1 – Small Business Program Representations Alternate I (Sept 2015) 52.222-22 – Previous Contracts and Compliance Reports (Feb 1999) 52.222-25 – Affirmative Action Compliance (Apr 1984) 52.225-25 – Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications (Aug 2018) Provisions Incorporated by Full Text 52.212-2 - Evaluation-Commercial Items (Oct 2014) (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Lowest Price Technically Acceptable (End of provision) Clauses Incorporated by Reference 52.204-10 - Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) 52.204-13 – System for Award Management Maintenance (Oct 2018) 52.204-18 – Commercial and Government Entity Code Maintenance (Jul 2016) 52.204-25 - Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) 52.209-6 - Protecting Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.209-10 - Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) 52.212-4 - Contract Terms and Conditions –Commercial Items (Oct 2018) 52.219-6 – Notice of Total Small Business Set-Aside (Nov 2011) 52.219-28 – Post-Award Small Business Program Representation (Jul 2013) 52.222-42 – Statement of Equivalent Rates for Federal Hires (May 2014) 52.222-50 – Combating Trafficking in Persons (Jan 2019) 52.223-18 - Encouraging contractor Policies To Ban Text Messaging While Driving (Aug 2011) 52.232-33 - Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) 52.232-39 - Unenforceability of Unauthorized Obligations (Jun 2013) 52.232-40 - Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) 52.233-1 - Disputes (May 2014) 252.203-7000 – Requirements Relating to Compensation of Former DOD Officials (Sep 2011) 252.203-7002 - Requirement to Inform Employees of Whistleblower Rights (Sep 2013) 252.203-7005 - Representation Relating to Compensation of Former DOD Officials (Nov 2011) 252.204-7012 - Safeguarding Covered Defense Information and cyber Incident Reporting (Oct 2016) 252.225-7001 - Buy American Act and Balance of Payments Program (Dec 2017) 252.247-7023 Transportation of Supplies by Sea (Apr 2014) Clauses Incorporated by Full Text 252.211-7003 - Item Unique Identification and Validation (Mar 2016) (a) Definitions . As used in this clause— “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 http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.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. “ Lotor 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 letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto. “Unique item identifier” means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent. “Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html. (b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item. (c) Unique item identifier. (1) The Contractor shall provide a unique item identifier for the following: (i) Delivered items for which the Government’s unit acquisition cost is $5,000 or more, except for the following line items: Contract Line, Subline, or Exhibit Line Item Number Item Description ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ (ii) Items for which the Government’s unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table: Contract Line, Subline, or Exhibit Line Item Number Item Description ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ (If items are identified in the Schedule, insert “See Schedule in this table.) (iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ____. (iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ____. (v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability. (2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor. (3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology – International symbology specification – Data matrix; ECC200 data matrix specification. (4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that— (i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor: (A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard. (B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard. (C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and (ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology – Transfer Syntax for High Capacity Automatic Data Capture Media. (5) Unique item identifier . (i) The Contractor shall— (A) Determine whether to— (1) Serialize within the enterprise identifier; (2) Serialize within the part, lot, or batch number; or (3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and (B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version; (C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and (D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version. (ii) The issuing agency code— (A) Shall not be placed on the item; and (B) Shall be derived from the data qualifier for the enterprise identifier. (d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information: (1) Unique item identifier. (2) Unique item identifier type. (3) Issuing agency code (if concatenated unique item identifier is used). (4) Enterprise identifier (if concatenated unique item identifier is used). (5) Original part number (if there is serialization within the original part number). (6) Lot or batch number (if there is serialization within the lot or batch number). (7) Current part number (optional and only if not the same as the original part number). (8) Current part number effective date (optional and only if current part number is used). (9) Serial number (if concatenated unique item identifier is used). (10) Government’s unit acquisition cost. (11) Unit of measure. (12) Type designation of the item as specified in the contract schedule, if any. (13) Whether the item is an item of Special Tooling or Special Test Equipment. (14) Whether the item is covered by a warranty. (e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information: (1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part. (2) Unique item identifier of the embedded subassembly, component, or part. (3) Unique item identifier type.** (4) Issuing agency code (if concatenated unique item identifier is used).** (5) Enterpriseidentifier (if concatenated unique item identifier is used).** (6) Original part number (if there is serialization within the original part number).** (7) Lot or batch number (if there is serialization within the lot or batch number).** (8) Current part number (optional and only if not the same as the original part number).** (9) Current part number effective date (optional and only if current part number is used).** (10) Serial number (if concatenated unique item identifier is used).** (11) Description. ** Once per item. (f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows: (1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/. (2) Embedded items shall be reported by one of the following methods— (i) Use of the embedded items capability in WAWF; (ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or (iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) ___, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423. (g) Subcontracts . If the Contractor acquires by subcontract, any item(s) for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial items. (End of clause) 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders (Aug 2019) (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 items: (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 and Other Covered Entities ( Jul 2018) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. ( Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations ( Nov 2015). (5) 52.233-3, Protest After Award ( Aug 1996) (31 U.S.C. 3553). (6) 52.233-4, Applicable Law for Breach of Contract Claim ( Oct 2004) (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 items: [ Contracting Officer check as appropriate .] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government ( Sept 2006), with Alternate I ( Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct ( Oct 2015) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 ( June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards ( Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5)[Reserved]. __ (6) 52.204-14, Service Contract Reporting Requirements ( Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts ( Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. ( Oct 2015) (31 U.S.C. 6101 note). __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters ( Oct 2018) (41 U.S.C. 2313). __ (10)[Reserved]. __ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( Nov 2011) (15 U.S.C.657a). __ (ii) Alternate I ( Nov 2011) of 52.219-3. __ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I ( Jan 2011) of 52.219-4. __ (13)[Reserved] __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside ( Nov 2011) (15 U.S.C.644). __ (ii) Alternate I ( Nov 2011). __ (iii) Alternate II ( Nov 2011). __ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside ( June 2003) (15 U.S.C. 644). __ (ii) Alternate I ( Oct 1995) of 52.219-7. __ (iii) Alternate II ( Mar 2004) of 52.219-7. __ (16) 52.219-8, Utilization of Small Business Concerns ( Oct 2018) (15 U.S.C. 637(d)(2) and (3)). __ (17) (i) 52.219-9, Small Business Subcontracting Plan ( Aug 2018) (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 ( Nov 2016) of 52.219-9. __ (v) Alternate IV (Aug 2018) of 52.219-9 __ (18) 52.219-13, Notice of Set-Aside of Orders ( Nov 2011) (15 U.S.C. 644(r)). __ (19) 52.219-14, Limitations on Subcontracting ( Jan 2017) (15 U.S.C.637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcontracting Plan ( Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside ( Oct 2019) (15 U.S.C. 657f). __ (22) 52.219-28, Post Award Small Business Program Rerepresentation ( Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns ( Dec 2015) (15 U.S.C. 637(m)). __ (24) 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 ( Dec 2015) (15 U.S.C. 637(m)). _X_ (25) 52.222-3, Convict Labor ( June 2003) (E.O.11755). _X_ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126). _X_ (27) 52.222-21, Prohibition of Segregated Facilities ( Apr 2015). _X_ (28) (i) 52.222-26, Equal Opportunity ( Sept 2016) (E.O.11246). __ (ii) Alternate I ( Feb 1999) of 52.222-26. __ (29) (i) 52.222-35, Equal Opportunity for Veterans ( Oct 2015) (38 U.S.C. 4212). __ (ii) Alternate I ( July 2014) of 52.222-35. _X_ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities ( Jul 2014) (29 U.S.C.793). __ (ii) Alternate I (July 2014) of 52.222-36. __ (31) 52.222-37, Employment Reports on Veterans ( Feb 2016 ) (38 U.S.C. 4212). __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act ( Dec 2010) (E.O. 13496). __ (33) (i) 52.222-50, Combating Trafficking in Persons ( Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I ( Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification ( Oct 2015 ). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (35) (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.) __ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons ( Jun 2016) (E.O. 13693). __ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners ( Jun 2016) (E.O. 13693). __ (38) (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. __ (39) (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. _X_ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products ( Dec 2007 ) (42 U.S.C. 8259b). __ (41) (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_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving ( Aug 2011 ) (E.O. 13513). __ (43) 52.223-20, Aerosols ( Jun 2016) (E.O. 13693). __ (44) 52.223-21, Foams ( Jun 2016) (E.O. 13693). __ (45) (i) 52.224-3 Privacy Training ( Jan 2017) (5 U.S.C. 552 a). __ (ii) Alternate I ( Jan 2017) of 52.224-3. __ (46) 52.225-1, Buy American-Supplies ( May 2014) (41 U.S.C. chapter 83). __ (47) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act ( May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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 ( May 2014) of 52.225-3. __ (iii) Alternate II ( May 2014) of 52.225-3. __ (iv) Alternate III ( May 2014) of 52.225-3. __ (48) 52.225-5, Trade Agreements ( Oct 2019 ) (19 U.S.C. 2501, et seq ., 19 U.S.C. 3301 note). _X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases ( June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (50) 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. 2302 Note). __ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside ( Nov 2007) (42 U.S.C. 5150). __ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area ( Nov 2007) (42 U.S.C. 5150). __ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items ( Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)). __ (54) 52.232-30, Installment Payments for Commercial Items ( Jan 2017) (41 U.S.C.4505, 10 U.S.C.2307(f)). _X_ (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management ( Oct 2018) (31 U.S.C. 3332). __ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management ( Jul 2013) (31 U.S.C.3332). __ (57) 52.232-36, Payment by Third Party ( May 2014) (31 U.S.C.3332). __ (58) 52.239-1, Privacy or Security Safeguards ( Aug 1996) (5 U.S.C. 552a). __ (59) 52.242-5, Payments to Small Business Subcontractors ( Jan 2017) (15 U.S.C. 637(d)(13)). __ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels ( Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I ( Apr 2003) of 52.247-64. __ (iii) Alternate II ( Feb 2006) 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 items: [ Contracting Officer check as appropriate. ] __ (1) 52.222-17, Nondisplacement of Qualified Workers ( May 2014)(E.O. 13495). __ (2) 52.222-41, Service Contract Labor Standards ( Aug 2018) (41 U.S.C. chapter 67). __ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires ( May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (4) 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). __ (5) 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). __ (6) 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). __ (7) 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). __ (8) 52.222-55, Minimum Wages Under Executive Order 13658 ( Dec 2015). __ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 ( Jan 2017) (E.O. 13706). __ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations ( May 2014) (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, 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 items. 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 ( Oct 2015) (41 U.S.C. 3509). (ii) 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)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232). (v) 52.219-8, Utilization of Small Business Concerns ( Oct 2018) (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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (vi) 52.222-17, Nondisplacement of Qualified Workers ( May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (vii) 52.222-21, Prohibition of Segregated Facilities ( Apr 2015). (viii) 52.222-26, Equal Opportunity ( Sept 2015) (E.O.11246). (ix) 52.222-35, Equal Opportunity for Veterans ( Oct 2015) (38 U.S.C.4212). (x) 52.222-36, Equal Opportunity for Workers with Disabilities ( Jul 2014) (29 U.S.C.793). (xi) 52.222-37, Employment Reports on Veterans ( Feb 2016) (38 U.S.C.4212) (xii) 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. (xiii) 52.222-41, Service Contract Labor Standards ( Aug 2018) (41 U.S.C. chapter 67). (xiv) (A) 52.222-50, Combating Trafficking in Persons ( Jan 2019) (22 U.S.C. chapter 78 and E.O 13627). (B) Alternate I ( Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627). (xv) 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). (xvi) 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). (xvii) 52.222-54, Employment Eligibility Verification ( Oct 2015 ) (E.O. 12989). (xviii) 52.222-55, Minimum Wages Under Executive Order 13658 ( Dec 2015). (xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 ( Jan 2017) (E.O. 13706). (xx) (A) 52.224-3, Privacy Training ( Jan 2017) (5 U.S.C. 552a). (B) Alternate I ( Jan 2017) of 52.224-3. (xxi) 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. 2302 Note). (xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations ( May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels ( Feb 2006) (46 U.S.C. Appx.1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of clause) 52.219-28 Post Award Small Business Program Rerepresentation (Jul 2013) (a) Definitions . As used in this clause- Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. (b)If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts- (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards. (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. (f)If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g)If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it ñ is, ñ is not a small business concern under NAICS Code ______________ assigned to contract number ______________. [ Contractor to sign and date and insert authorized signer’s name and title ]. (End of clause) 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): www.acquisition.gov (End of clause) 252.232-7006 - WAWF (Dec 2018) (a) Definitions. As used in this clause— “Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization. “Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). “Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system. “Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall— (1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/ (e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order: (1) Document type. The Contractor shall submit payment requests using the following document type(s): (i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher. (ii) For fixed price line items— (A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer. TBD (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. TBD (iii) For customary progress payments based on costs incurred, submit a progress payment request. (iv) For performance based payments, submit a performance based payment request. (v) For commercial item financing, submit a commercial item financing request. (2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract. (f) [Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.] (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC F87700 Issue By DoDAAC FA4830 Admin DoDAAC FA4830 Inspect By DoDAAC F3E610 Service Approver (DoDAAC) F3E610 Service Acceptor (DoDAAC) F3E610 (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. TBD (2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed. (End of clause) 5352.201-9101 Ombudsman (Jun 2016) "(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions). (c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman Lt Col Aaron D. Judge OL KC AFICA 129 Thompson St., Bldg 586, Rm 129 Langley AFB, VA 23665-2769 Phone Number: 757-764-5372, Fax: 757-764-4400 E-mail:
[email protected] Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer."