CELL, FUEL, AIRCRAFT,

expired opportunity(Expired)
From: Federal Government(Federal)
SPE4A7-22-R-0498

Basic Details

started - 20 May, 2022 (22 months ago)

Start Date

20 May, 2022 (22 months ago)
due - 20 Jun, 2022 (21 months ago)

Due Date

20 Jun, 2022 (21 months ago)
Bid Notification

Type

Bid Notification
SPE4A7-22-R-0498

Identifier

SPE4A7-22-R-0498
Department of Defense

Customer / Agency

Department of Defense
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10. FOR INFORMATION CALL: 13. DISCOUNT FOR PROMPT PAYMENT (See Section I, Clause No. 52.232-8) SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER UNDER DPAS (15 CFR 700) DO-C9 RATING 2. CONTRACT No. SPE4A7-22-R-0498 3. SOLICITATION No. 4. TYPE OF SOLICITATION SEALED BID (IFB) NEGOTIATED (RFP)X 2022 MAY 20 5. DATE ISSUED 0093789004 6. REQUISITION/PURCHASE No. 7. ISSUED BY 8. ADDRESS OFFER TO NOTE : In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder". 9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in local time CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation. 11. TABLE OF CONTENTS DESCRIPTION 25. PAYMENT WILL BE MADE BY CODE SOLICITATION until (Hour) (Date) AUTHORIZED
FOR LOCAL REPRODUCTION PREVIOUS EDITION NOT USABLE STANDARD FORM 33 (Rev.9-97) Prescribed by GSA FAR (48 CFR) 53.214 (c) OFFER (Must be fully completed by offeror ) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period. AWARD (To be completed by Government) 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 14. ACKNOWLEDGMENT OF AMEND- MENTS (The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated): 12. In compliance with the above, the undersigned agrees, if this offer is accepted within period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule. CONTRACT ADMINISTRATION DATA L INSTRS., CONDS., AND NOTICES TO OFFERORS SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice. (X) PAGE(S) SEC. DESCRIPTION PAGE(S) SUPPLIES OR SERVICES AND PRICES/COSTS PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH. PART I - THE SCHEDULE PART II - CONTRACT CLAUSES I CONTRACT CLAUSESSOLICITATION/CONTRACT FORM DESCRIPTION/SPECS./WORK STATEMENT J LIST OF ATTACHMENTS INSPECTION AND ACCEPTANCE PACKAGING AND MARKING PART IV - REPRESENTATIONS AND INSTRUCTIONS DELIVERIES OR PERFORMANCE K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS AMENDMENT NO. DATEAMENDMENT NO. DATE G H SEC. B A C E D F (X) FACILITY CODE 15C. CHECK IF REMITTANCE ADDRESS IS DIFFERENT FROM ABOVE - ENTER SUCH ADDRESS IN SCHEDULE 17. SIGNATURE 19. ACCEPTED AS TO ITEMS NUMBERED 23. SUBMIT INVOICES TO ADDRESS SHOWN IN22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 24. ADMINISTERED BY (If other than item 7) CODE CODE 27. UNITED STATES OF AMERICA (Signature of Contracting Officer ) 26. NAME OF CONTRACTING OFFICER (Type or print) calendar days (60 calendar days unless a different 15A. NAME AND ADDRESS OF OFFER- OR 10 U.S.C. 2304 (c) ( 41 U.S.C. 253 (c) () ) DLA AVIATION ASC SUPPLIER OPER AE AND AF DIV 8000 JEFFERSON DAVIS HWY RICHMOND VA 23297 USA See Continuation Sheet 1 Mail Room, Bldg. 210 3:00PM 2022-Jun-20 Aaron Miles DAM0202 A. NAME Phone: (804) 279-2271 B. PHONE/FAX (NO COLLECT CALLS) Aaron.Miles@dla.mil C. EMAIL ADDRESS X 1 X 2 X 9 X 9 X 11 X 14 X 15 X 36 X 43 X 44 15B. TELEPHONE NUMBER 18. OFFER DATE 28. AWARD DATE 20. AMOUNT 10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) CALENDAR DAYS (%)30 CALENDAR DAYS (%) 21. ACCOUNTING AND APPROPRIATION ITEM SPE4A7 EXT.NUMBERAREA CODE (4 copies unless otherwise specified) PAGE 1 OF 45 CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: CONTINUED ON NEXT PAGE PAGE 2 OF 45 PAGES SPE4A7-22-R-0498 Contractor POC: Name ____________________; email ___________________________________ Phone number ________________________ OFFER IS AS A DEALER FOR CAGE ____________ OR MANUFACTURER _____________________ Minimum bid acceptance period is 120 days unless a different period is inserted by the offeror. This completed solicitation is necessary for evaluation of your offer. INSPECTION AND ACCEPTANCE: ORIGIN FOB: ORIGIN REQUESTED DELIVERY: FIRST ARTICLE 250 DAYS ARO, PRODUCTION 250 DAYS AFAA CONTRACTOR DELIVERY: FIRST ARTICLE__________DAYS ARO, PRODUCTION ________ DAYS AFAA HIGHER LEVEL QUALITY SYSTEM (ISO 9001, 9002 ETC) ____________________ *********************************************************** The following DLA Aviation Notices are incorporated by reference. The full-text of the notices can be found at: http://www.dla.mil/Aviation/Business/IndustryResources/DLAResourcesforSuppliers/DAANs.asp "E09 Contractor First Article Testing (FAT) (Apr 2020) Delivery Schedule Information Contractor First Article Test (FAT) Report 1 EACH = 1 FAT Report Number of units to be tested:1 Disposition of FAT units: 04 DELIVER PART OF PROD QTY For Testing: Inspection: Origin Acceptance: Destination FOB: Destination Ship To: Procuring Contracting Officer (PCO) listed on the “Issued By” block of this award. Provide an information copy to the Administering Contracting Officer if different than the PCO. Delivery Schedule: 250 Days ARO: Submit Test Report 90 Days: Government Review and Notification to Contractor 250 Days: Completion & Shipment of Production Units ____________________ 590 Total Days ARO DAAN-09-08 Instructions for Submitting Contractor First Article and Contractor Production Lot Test Reports (March 2021)" ******************************************* DAAN-15-01 Evaluation and Award for Acquisitions Above the Simplified Acquisition Threshold (March 2018) (a) AWARD. The Government intends to evaluate proposals and, if necessary, conduct discussions with all responsible offerors within the competitive range. The award will be made to the offeror whose proposal conforms to the terms and conditions of the solicitation and represents the best value to the Government. Therefore, award may be made to other than the lowest priced or the highest technically rated offer. (b) RELATIVE IMPORTANCE AND TRADE-OFFS. The Government will base the determination of best value on a comparative assessment of the offerors' prices, past performance, and the other evaluation factors identified elsewhere in this solicitation. The determination of best value also considers the relative importance of the evaluation factors. All evaluation factors, when combined, are: [ ] significantly more important than cost or price. As other evaluation factors become more equal, the evaluated cost or price becomes more important. [X] approximately equal to cost or price; or [ ] significantly less important than cost or price. As the evaluated cost/price becomes more equal, relative importance of all other evaluation factors becomes more significant. The final award decision may involve a trade-off among cost or price and the non-price factors. Factors that may be considered in the trade-off process include, but are not limited to: •Item criticality and weapons system application •Current inventory status •Historical delivery or quality problems •Concerns over limited supply sources and industrial base •Benefits from obtaining new sources CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: CONTINUED ON NEXT PAGE PAGE 3 OF 45 PAGES SPE4A7-22-R-0498 (c) COST OR PRICE. The Government will evaluate the offered cost or price. The Government will add any other cost or price evaluation factors identified elsewhere in this solicitation (e.g., Buy American Act or FOB Origin transportation costs) to arrive at the offeror's evaluated cost or price. The evaluated cost or price will be used in conjunction with the other non-price factors to determine the best value to the Government. (d) PAST PERFORMANCE. Past performance includes, but is not limited to, the offeror's record of conforming to contract requirements and standards of good workmanship; adherence to contract schedules, including the administrative aspects of performance; the offeror's reputation for reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the offeror's business-like concern for the customer's interest. (i) The Supplier Performance Risk System (SPRS) is the current term for past performance that is formerly known as Past Performance Information Retrieval System – Statistical Reporting (PPIRS-SR), as applicable, will be used to evaluate quality and past performance on DLA awards (refer to Procurement Note L08). (ii) In addition, offerors may submit with their offer information on past and current Federal (non-DLA Aviation), State and local government and private sector contracts performed by the offeror at the proposed performance location within the last three years that are similar in nature to this acquisition. Offerors electing to submit this data must furnish at least the following information: name and address of the contracting entity; the contract number; award and completion dates; the dollar value; the contract type; the items or services provided; two references, with title and phone number; and any problems encountered and the corrective action taken by the offeror. (iii) By submitting past performance information, the offeror agrees to permit the Government's representatives to contact the listed references and inquire of the offeror's performance. If more than three contracts are identified, the Government reserves the right to randomly select and limit its review to three contracts. In addition to the information provided, the Government may consider information obtained from other sources when evaluating the offeror's past performance. Offerors will be given the opportunity to discuss negative past performance information obtained from references if the offeror has not had a previous opportunity to comment on that information. (iv) Offerors with no past performance history (whether internal or external to the Federal government) will not be evaluated favorably nor unfavorably. (e) PAST PERFORMANCE EVALUATION FACTORS. The Government will use the past performance evaluation factors marked below in addition to cost or price and other evaluation factors specified in the solicitation. Unless indicated otherwise, past performance is significantly more important than other non-price factors. Within the past performance subfactors, SPRS assessments (as applicable) will be weighed most heavily. Historical quality history and delivery schedule compliance (not captured in SPRS) will be weighed more heavily than the remaining past performance subfactors. All other non-price evaluation factors specified in this solicitation weigh equally, unless otherwise indicated. [ ] SPRS Assessments (i.e., quality and delivery) [X] PPIRS-RC (Past Performance Information Retrieval System - Report Card) [ ] Historical Quality (not captured in SPRS) [ ] Historical Delivery Schedule Compliance (not captured in SPRS) [ ] Other (specify): (End of Notice) DAAN-15-02 Offer Submission Method (October 2016) Offers in response to this solicitation may be submitted by the following method(s) as indicated below, in accordance with FAR 15.208, Submission, Modification, Revision, and Withdrawal of Proposals: _____ Mail to Bid Room: _____ DLA Aviation 8000 Jefferson Davis Highway, Building 33, E Bay, Room 124 Richmond, VA 23297-5100 _____ Hand-carry: _____ DLA Aviation 8000 Jefferson Davis Highway, Building 33, E Bay, Room 124 Richmond, VA 23297-5100 _____ Mail to Buyer: _____ Address located in Block 8 of Standard Form 33 Attention: ____(Insert Buyer Name)___________ _____ Address located in Block 9 of Standard Form 1449 Attention: ____(Insert Buyer Name)___________ _____ Upload Proposals on the DLA Internet Bid Board System (DIBBS) at: https://www.dibbs.bsm.dla.mil/default.aspx CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: CONTINUED ON NEXT PAGE PAGE 4 OF 45 PAGES SPE4A7-22-R-0498 _____ Facsimile: In accordance with FAR 15.203(d) _____ Aviation Bid Custodian: (804) 279-4165 _____ Buyer’s Facsimile: ___________________________________ _____ E-mail: _____ Aviation Bid Custodian: DSCR.Biddesk@dla.mil _____ Directly to buyer’s e-mail address located in Block 10C of Standard Form 33 __X___ Buyer’s e-mail address: Aaron.Miles@DLA.MIL E-mail proposals must not exceed 15 MB. Proposals greater than 15 MB must be submitted using multiple emails. _____ The Bulk Offer Entry Tool (OET): a)Use of the Bulk OET is mandatory for this solicitation. The current version of the Bulk OET does not replace the Bulk Fuels Offer Submission Package (OSP) in its entirety. Use of the Bulk OET will allow your offer to be imported directly into the Bulk Bid Evaluation Model (BEM). Additionally, you will still need to complete the OSP as part of your offer and attach it to your OET submission. NOTE: Please note that all attachments will be subject to a total restricted size of 10 MB. Please make sure that your attachment does not exceed 10 MB. b)The SF1449 must be signed and submitted through the OET Tool. c)In order to utilize the Bulk OET, you must first establish a Bulk OET account using the DLA Accounts Management and Provisioning System (AMPS). You can access AMPS at https://amps.dla.mil/oim where you can either create a new AMPS account or log in using your existing account (you will be asked to provide your CAGE code when creating a new AMPS account). Once you have established an account in AMPS, you will need to request the following role: “OET Prod – Vendor Offer Submission Role OET-105.” To select this role, you will first choose ‘Energy Applications’ then ‘Energy OET’ under the Browse Roles by Application tab. When applying for this role, please include your company name and the purchase programs you typically offer under in the notes or comments section of the application. Also, when applying for Bulk OET – you MUST include every CAGE code you intend to use to submit offers in the ‘notes’ section of the initial role request. Once your role has been approved, you will be provided with a user name and password that can be used to log into the Bulk Fuels OET at: https://offerwizard.dla.mil/bulkoet/bulkoet.html. If you experience difficulty in establishing an account, you can contact the DLA Energy Bulk Technical Team at DESC.BTechTeam@dla.mil for assistance. _____ Additional Offer Submission Information: ____________________________________________________________ ____________________________________________________________ Note: Submission methods other than indicated above are not authorized at this time. (End of Notice) CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: CONTINUED ON NEXT PAGE PAGE 5 OF 45 PAGES SPE4A7-22-R-0498 SECTION B SUPPLIES/SERVICES: 1680-01-524-0830 ITEM DESCRIPTION: CELL, FUEL, AIRCRAFT(>,)> RQ032: EXPORT CONTROL OF TECHNICAL DATA This item has technical data some or all of which is subject to export-control of either the International Traffic in Arms regulations (ITAR) or the Export Administration Regulations (EAR), and cannot be exported without prior authorization from either the Department of State or the Department of Commerce. Export includes disclosure of technical data to foreign persons and nationals whether located in the United States or abroad. This requirement applies equally to foreign national employees and U.S. companies and their foreign subsidiaries. DFARS 252.225-7048 is applicable to this data. The Defense Logistics Agency (DLA) limits distribution of export-control technical data to DLA contractors that have an approved US/Canada Joint Certification Program (JCP) certification, have completed the Introduction to Proper Handling of DOD Export-Controlled Technical Data Training and the DLA Export-Controlled Technical Data Questionnaire (both are available at the web address given below), and have been approved by the DLA controlling authority to access the export-controlled data. Instructions for obtaining access to the export-controlled data can be found at: https://www.dla.mil/Logistics-Operations/Enhanced-Validation/ To be eligible for award, offerors and any sources of supply proposed for use are required to have an approved JCP certification and have been approved by the DLA controlling authority to access export-controlled data managed by DLA. DLA will not delay award in order for an offeror or its supplier to apply for and receive approval by the DLA controlling authority to access the export-controlled data. RA001: THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN 'R' OR AN 'I' NUMBER) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE WEB AT: http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS. RD002, COVERED DEFENSE INFORMATION APPLIES RP001: DLA PACKAGING REQUIREMENTS FOR PROCUREMENT RQ001: HIGHER LEVEL CONTRACT QUALITY REQUIREMENTS (MANUFACTURERS AND NON-MANUFACTURERS) RQ002: CONFIGURATION CHANGE MANAGEMENT - ENGINEERING CHANGE PROPOSAL REQUEST FOR VARIANCE (DEVIATION OR WAIVER) RQ009: INSPECTION AND ACCEPTANCE AT ORIGIN RQ011: REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED SUPPLIES Item Unique Identification is not required by request of the Service customer. DFARS 252.211-7003(c)(1)(i) applies. RT001: MEASURING AND TEST EQUIPMENT ACQUISITION OF THIS PART IS RESTRICTED TO THE SOURCE(S) SPECIFIED ON THE SOURCE CONTROL DRAWING. ALTERNATE OFFERS WILL NOT BE ACCEPTED. USE CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: CONTINUED ON NEXT PAGE PAGE 6 OF 45 PAGES SPE4A7-22-R-0498 SECTION B SUPPLY/SERVICE: 1680-01-524-0830 CONT'D PROCUREMENT NOTE L22. SAMPLING: THE SAMPLING METHOD SHALL BE IN ACCORDANCE WITH MIL-STD-1916 OR ASQ H1331, TABLE 1 OR A COMPARABLE ZERO BASED SAMPLING PLAN UNLESS OTHERWISE SPECIFIED BY THE CONTRACT. IF THE APPLICABLE DRAWING, SPECIFICATION, STANDARD, OR QUALITY ASSURANCE PROVISION (QAP) SPECIFIES CRITICAL, MAJOR AND/OR MINOR ATTRIBUTES, THEY SHALL BE ASSIGNED VERIFICAITON LEVELS OF VII, IV AND II OR AQLS OF 0.1, 1.0 AND 4.0 RESPECTIVELY. UNSPECIFIED ATTRIBUTES SHALL BE CONSIDERED AS MAJOR UNLESS SAMPLING PLANS ARE SPECIFIED IN APPLICABLE DOCUMENTS. FOR MIL-STD-1916, THE MANUFACTURER MAY USE THE ATTRIBUTE OR VARIABLE INSPECTION METHOD AT THEIR OPTION OR PER THE CONTRACT. MIL-STD-105/ASQ Z1.4 MAY BE USED TO SET SAMPLE LOT SIZE, BUT ACCEPTANCE WOULD BE ZERO NON-CONFORMANCES IN THE SAMPLE LOT UNLESS OTHERWISE SPECIFIED IN THE CONTRACT. MIL-STD-130N(1) DATED 16 NOV 2012. IDENTIFICATION MARKING OF U.S. MILITARY PROPERTY Contractor first article/preproduction approval testing required. Use DI-NDTI-80809B in preparation of the first article report. Current revision of MIL-HDBK-831 may also be used for report format guidance. First article testing shall be conducted IAW applicable drawings and drawing notes, specification, engineering instructions and specific requirements set forth in the contract. Additionally, 100% dimensional characteristics check shall be performed and results provided to the contracting officer. The first article offered must be manufactured at the facilities in which production quantities are procured under the contract. Contractor shall provide a statement along with objective evidence that test and production items meet the material and process requirements of the contract. If applicable, DD form 1423 documentation shall be provided as required. Unless F.A.T sample(s) is degraded or destroyed in testing or submitted for government fit, form, function verification (when specified by contract), the F.A.T. samples(s) may be deliverable with the last production run of the contract. Additional Wide Area Workkflow (WAWF) instructions for contractor first article test CLIN: The contractor shall code the receiving report for contractor first article test CLIN in WAWF as follows: A. Inspection at origin (source)- Enter the DCMA DODAAC listed on page 1 of the contract. B. Acceptance at destination- Enter the issue by office DODAAC listed C. Ship to code - Enter the issue by office DODAAC listed on page 1 of the contract. FAT REPORT SHALL BE SENT TO: Nathan Tenney 48110 SHAW RD BLDG 2187 Room 3390 Cube D2 Patuxent River MD 20670 Email: nathan.tenney@navy.mil RS058: Shelf life requirement RS001 for a TYPE 2 (CODE 6) item with a shelf life of 24 month (extendable) applies to this item. CRITICAL APPLICATION ITEM AMERICAN FUEL CELL AND COATED FABRICS 05476 P/N 62652-1 IAW BASIC DRAWING NR 97499 450-366-003 REVISION NR D DTD 11/07/2007 PART PIECE NUMBER: 450-366-003-001 IAW REFERENCE DRAWING NR 97499 450-366-003 REVISION NR B DTD 11/24/2003 PART PIECE NUMBER: IAW REFERENCE QAP 13873 CDRL-015240830-21066 REVISION NR DTD 03/07/2021 PART PIECE NUMBER: IAW REFERENCE QAP 13873 SQAP015240830CFAT REVISION NR DTD 03/08/2021 PART PIECE NUMBER: CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: CONTINUED ON NEXT PAGE PAGE 7 OF 45 PAGES SPE4A7-22-R-0498 SECTION B SUPPLY/SERVICE: 1680-01-524-0830 CONT'D ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT . 0001 1680-01-524-0830 54.000 EA $ ________________ $ ________________ CELL,FUEL ,AIRCRAFT, PRICING TERMS: Firm Fixed Price QTY VARIANCE: PLUS 0% MINUS 0% INSPECTION POINT: ORIGIN ACCEPTANCE POINT: ORIGIN FOB: ORIGIN DELIVERY DATE: 250 DAYS ADO PREP FOR DELIVERY: PKGING DATA - MIL-STD-2073-1D, 15 DEC 1999 QUP:001 PRES MTHD:10 CLNG/DRY:1 PRESV MAT:00 WRAP MAT:00 CUSH/DUNN MAT:AD CUSH/DUNN THKNESS:F UNIT CONT:FO OPI:M PACK CODE:U MARKING SHALL BE IN ACCORDANCE WITH MIL-STD-129. SPECIAL MARKING CODE:ZZ -ZZ Special Requirements PALLETIZATION SHALL BE IN ACCORDANCE WITH RP001: DLA PACKAGING REQUIREMENTS FOR PROCUREMENT SPECIAL MARKING CODE ZZ: DO NOT REMOVE FROM ORIGINAL PACKAGING/CONTAINER PARCEL POST ADDRESS: SW3113 DLA DISTRIBUTION CHERRY POINT PHANTOM RD BLDG 147 BAY A CHERRY POINT NC 28533-5040 US FOR TRANSPORTATION SEE DLAD DLAD PROC NOTE C19. FOR FIRST DESTINATION TRANSPORTATION SEE DLAD PROC NOTE C20 AND CONTRACT FREIGHT SHIPPING ADDRESS: SW3113 DLA DISTRIBUTION CHERRY POINT PHANTOM RD BLDG 147 BAY A CHERRY POINT NC 28533-5040 US Contractor First Article Test Contractor First Article Test – The number of units shown signifies the test requirement. See FAR clause 52.209-3 for the actual quantity required to be tested. ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT . 0002 0001 - S00000053 1.000 EA $ ________________ $ ________________ PRICING TERMS: Firm Fixed Price FOB: DELIVERY DATE: 250 DAYS ADO CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: CONTINUED ON NEXT PAGE PAGE 8 OF 45 PAGES SPE4A7-22-R-0498 SECTION B SUPPLY/SERVICE: 0001-S00000053 CONT'D PREP FOR DELIVERY: Not Applicable GOVT USE External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date . 0001 0093789004 0001 N/A N/A N/A 12/11/2024 0002 N/A N/A N/A N/A N/A N/A * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 45 PAGES CONTINUED ON NEXT PAGE SPE4A7-22-R-0498 SECTION A - SOLICITATION/CONTRACT FORM TECHNICAL REQUIREMENTS THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN `R' OR AN `I' NUMBER IN SECTION B) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE WEB AT: http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW- ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS. 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (AUG 2020) FAR SECTION C - SPECIFICATIONS/SOW/SOO/ORD C03 CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY DOCUMENTATION (JUN 2020) SECTION D - PACKAGING AND MARKING 252.211-7006 PASSIVE RADIO FREQUENCY IDENTIFICATION (DEC 2019) DFARS (a) Definitions. As used in this clause -- “Advance shipment notice” means an electronic notification used to list the contents of a shipment of goods as well as additional information relating to the shipment, such as passive radio frequency identification (RFID) or item unique identification (IUID) information, order information, product description, physical characteristics, type of packaging, marking, carrier information, and configuration of goods within the transportation equipment. “Bulk commodities” means the following commodities, when shipped in rail tank cars, tanker trucks, trailers, other bulk wheeled conveyances, or pipelines: (1) Sand. (2) Gravel. (3) Bulk liquids (water, chemicals, or petroleum products). (4) Ready-mix concrete or similar construction materials. (5) Coal or combustibles such as firewood. (6) Agricultural products such as seeds, grains, or animal feed. “Case” means either a MIL-STD-129 defined exterior container within a palletized unit load or a MIL-STD-129 defined individual shipping container. “Electronic Product Code™ (EPC)” means an identification scheme for universally identifying physical objects via RFID tags and other means. The standardized EPC data consists of an EPC (or EPC identifier) that uniquely identifies an individual object, as well as an optional filter value when judged to be necessary to enable effective and efficient reading of the EPC tags. In addition to this standardized data, certain classes of EPC tags will allow user-defined data. The EPC Tag Data Standards will define the length and position of this data, without defining its content. “EPCglobal®” means a subscriber-driven organization comprised of industry leaders and organizations focused on creating global standards for the adoption of passive RFID technology. “Exterior container” means a MIL-STD-129 defined container, bundle, or assembly that is sufficient by reason of material, design, and construction to protect unit packs and intermediate containers and their contents during shipment and storage. It can be a unit pack or a container with a combination of unit packs or intermediate containers. An exterior container may or may not be used as a shipping container. “Palletized unit load” means a MIL-STD-129 defined quantity of items, packed or unpacked, arranged on a pallet in a specified manner and secured, strapped, or fastened on the pallet so that the whole palletized load is handled as a single unit. A palletized or skidded load is not considered to be a shipping container. A loaded 463L System pallet is not considered to be a palletized unit load. Refer to the Defense Transportation Regulation, DoD 4500.9-R, Part II, Chapter 203, for marking of 463L System pallets. “Passive RFID tag” means a tag that reflects energy from the reader/interrogator or that receives and temporarily stores a small amount of energy from the reader/interrogator signal in order to generate the tag response. The only acceptable tags are EPC Class 1 passive RFID tags that meet the EPCglobal™ Class 1 Generation 2 standard. CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 10 OF 45 PAGES CONTINUED ON NEXT PAGE SPE4A7-22-R-0498 SECTION D - PACKAGING AND MARKING (CONTINUED) “Radio frequency identification (RFID)” means an automatic identification and data capture technology comprising one or more reader/ interrogators and one or more radio frequency transponders in which data transfer is achieved by means of suitably modulated inductive or radiating electromagnetic carriers. “Shipping container” means a MIL-STD-129 defined exterior container that meets carrier regulations and is of sufficient strength, by reason of material, design, and construction, to be shipped safely without further packing (e.g., wooden boxes or crates, fiber and metal drums, and corrugated and solid fiberboard boxes). (b)(1) Except as provided in paragraph (b)(2) of this clause, the Contractor shall affix passive RFID tags, at the case- and palletized-unit- load packaging levels, for shipments of items that -- (i) Are in any of the following classes of supply, as defined in DoD Manual 4140.01, Volume 6, DoD Supply Chain Materiel Management Procedures: Materiel Returns, Retention, and Disposition: (A) Subclass of Class I - Packaged operational rations. (B) Class II - Clothing, individual equipment, tentage, organizational tool kits, hand tools, and administrative and housekeeping supplies and equipment. (C) Class IIIP - Packaged petroleum, lubricants, oils, preservatives, chemicals, and additives. (D) Class IV - Construction and barrier materials. (E) Class VI - Personal demand items (non-military sales items). (F) Subclass of Class VIII - Medical materials (excluding pharmaceuticals, biologicals, and reagents - suppliers should limit the mixing of excluded and non-excluded materials). (G) Class IX - Repair parts and components including kits, assemblies and subassemblies, reparable and consumable items required for maintenance support of all equipment, excluding medical-peculiar repair parts; and (ii) Are being shipped to one of the locations listed at https://www.acq.osd.mil/log/sci/RFID_ship-to-locations.html or to -- (A) A location outside the contiguous United States when the shipment has been assigned Transportation Priority 1, or to -- (B) The following location(s) deemed necessary by the requiring activity: Contract Line, Subline, or Exhibit Line Item Number Location Name City State DoDAAC (2) The following are excluded from the requirements of paragraph (b)(1) of this clause: (i) Shipments of bulk commodities. (ii) Shipments to locations other than Defense Distribution Depots when the contract includes the clause at FAR 52.213-1, Fast Payment Procedures. (c) The Contractor shall -- (1) Ensure that the data encoded on each passive RFID tag are globally unique (i.e., the tag ID is never repeated across two or more RFID tags and conforms to the requirements in paragraph (d) of this clause; (2) Use passive tags that are readable; and (3) Ensure that the passive tag is affixed at the appropriate location on the specific level of packaging, in accordance with MIL-STD-129 (Section 4.9.2) tag placement specifications. (d) Data syntax and standards. The Contractor shall encode an approved RFID tag using the instructions provided in the EPC™ Tag Data Standards in effect at the time of contract award. The EPC™ Tag Data Standards are available at http://www.gs1.org/epc-rfid. (1) If the Contractor is an EPCglobal™ subscriber and possesses a unique EPC™ company prefix, the Contractor may use any of the identifiers and encoding instructions described in the most recent EPC™ Tag Data Standards document to encode tags. (2) If the Contractor chooses to employ the DoD identifier, the Contractor shall use its previously assigned Commercial and Government Entity (CAGE) code and shall encode the tags in accordance with the tag identifier details located in the DoD Suppliers' Passive RFID Information Guide at http://www.acq.osd.mil/log/sci/ait.html. If the Contractor uses a third-party packaging house to encode its tags, the CAGE code of the third-party packaging house is acceptable. (3) Regardless of the selected encoding scheme, the Contractor with which the Department holds the contract is responsible for ensuring that the tag ID encoded on each passive RFID tag is globally unique, per the requirements in paragraph (c)(1). (e) Advance shipment notice. The Contractor shall use Wide Area WorkFlow (WAWF), as required by DFARS 252.232-7003, Electronic Submission of Payment Requests, to electronically submit advance shipment notice(s) with the RFID tag ID(s) (specified in paragraph (d) of this clause) in advance of the shipment in accordance with the procedures at https://wawf.eb.mil/. (End of clause) https://www.acq.osd.mil/log/sci/RFID_ship-to-locations.html http://www.gs1.org/epc-rfid http://www.acq.osd.mil/log/sci/ait.html https://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm https://wawf.eb.mil/ CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 11 OF 45 PAGES CONTINUED ON NEXT PAGE SPE4A7-22-R-0498 SECTION D - PACKAGING AND MARKING (CONTINUED) SECTION E - INSPECTION AND ACCEPTANCE E08 FIRST ARTICLE TESTING REQUIREMENTS (MAY 2020) (1) If there is not a separate contract line item number (CLIN) for FAT, the offeror shall include all costs and risk associated with completion of the FAT requirement in the production CLIN price. (2) If there is a separate FAT CLIN, the offeror shall include all costs and risk associated with completion of the FAT requirement in the FAT CLIN price. The unit of issue for the FAT CLIN, EACH, is equal to one First Article Test (1EA=1FAT). To receive payment for any costs associated with FAT, the offeror shall propose costs associated with FAT on a separate CLIN. The offeror shall base the production CLIN price solely on all costs associated with completion of the production units and shall exclude all FAT-related costs. (3) The contracting officer will use the total award price in selecting the best value offer from among all eligible offerors. However, for an offeror to be eligible for award, the contracting officer must determine that the FAT CLIN price (unless FAT is waived) and the production CLIN price are fair and reasonable; and, if set-aside under FAR Part 19, a fair market price. The offeror shall not propose a FAT CLIN price that is materially unbalanced in relation to the production CLIN price. In the event an offeror receives a waiver of the FAT requirement, the contracting officer will deduct the FAT CLIN price for the waived source in determining the total award price. (4)(a) Notwithstanding the conditions for waiving first article, the contracting officer may order an additional first article sample, or portion thereof, in writing if there is a -- (i) Major change to the technical data; (ii) Lapse in production for a period in excess of 90 days; or (iii) Change in the place of performance (manufacturing facility), manufacturing process,material used, drawing, specification or source of supply. (b) When conditions in paragraphs (4)(a)(i), (ii), or (iii) occur, the contractor shall notify the contracting officer; who will determine whether to order an additional first article sample or portion thereof and provide instructions concerning the submission, inspection, and notification of results. The contractor shall bear the costs of the additional first article testing resulting from any of the causes in paragraphs (4)(a)(i)-(iii) instituted by the contractor and not due to changes directed by the Government. (5) Waivers. The offeror may submit a request for FAT waiver to the contracting officer, who may waive the FAT requirement when all of the following criteria apply: (a) The offeror requesting waiver has manufactured and delivered the item or a similar item within the last five (5) years, or within the last three (3) years for critical safety items. The offeror shall provide the following information and be prepared to provide documentary evidence upon the contracting officer's request: (i) Contract number(s), date(s), and issuing Government agency or agencies. (ii) Description of item previously furnished, identified by part number, type, model number and/or other identifying information. If the item previously furnished is similar but not identical to the item being acquired under the current buy, the offeror shall explain why manufacture of the item previously furnished is sufficient to demonstrate its ability to manufacture the item being acquired under the current buy without need for a first article test. (iii) Engineering control document/change number of item previously furnished. (b) There have been no changes to manufacturing processes, tooling, or place of performance. (c) There have been no changes to manufacturing data (e.g., drawing revisions that change materials, dimensions, processes, inspection or testing requirements; or subcontractors used to manufacture the items successfully in the past). (d) The offeror shall supply an item of the same design and manufactured by the same method at the same facilities as the item or similar item previously furnished and accepted under subparagraph (5)(a) (6) Contractor-Performed FAT. (a) The contractor shall test the quantities as outlined in paragraph (a) of FAR clause 52.209-3 as specified in the contract. The contractor shall submit reports in accordance with paragraph (b) of FAR clause 52.209-3, as supplemented in this procurement note. (b] For test report preparation and delivery of contractor FAT, the contractor shall -- (i) Use the data item description DI-NDTI-80809B report format. (ii)] Mark the test report with the following: “First article test report - Contract number:[ TBD ] and lot/item number: [ 0002 ]. (iii) Sign the FAT Report, accompanied by the system of record receiving report (i.e, WAWF or] DD Form 250) and contractor confirmation that the same process and facilities used to manufacture the first article units will be used to manufacture the production CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 12 OF 45 PAGES CONTINUED ON NEXT PAGE SPE4A7-22-R-0498 SECTION E - INSPECTION AND ACCEPTANCE (CONTINUED) units, to the contracting officer at the applicable address shown below: (A) For awards issued by DLA Aviation; or DLA Troop Support Clothing and Textile (C&T), Construction and Equipment, Medical Materiel, or Subsistence, submit the report to the procuring activity in Block 6 of the DD Form 1155, Block 7 of Standard Form (SF) 33, Block 5 of SF 26, or Block 9 of SF 1449 award. (B) For awards issued by DLA Land (SPE7L), submit the report to the following address: DLA Land - FLSEB ATTN: FAT Monitor P. O. Box 3990 Columbus, OH 43218-399, or email to: Land.FAT.Monitor@dla.mil. (C) For awards issued by DLA Maritime (SPE7M), submit the report to the following address: DLA Maritime - FMSE ATTN: FAT Monitor P. O. Box 3990 Columbus, OH 43218-3990, or email to: maritime.fat.monitor@dla.mil. (D) For awards issued by DLA Troop Support Industrial Hardware, submit the report to the following address: DLA Troop Support ATTN: First Article Testing Monitor Building 3, 700 Robbins Avenue Philadelphia, Pennsylvania 19111. Preferred electronic submissions: Hardware FAT Monitor at DLAHardwareFATMonitor@dla.mil. (7) The contractor shall -- (a) Provide and maintain an inspection system acceptable to the Government in accordance with FAR Clause 52.246-2 or 52.246-3; (b) Maintain and make available all records evidencing those details at the Government's request. (c) At least fourteen (14) calendar days (or as otherwise specified in the contract) prior to shipment to the Government, provide written notice to the contracting officer and to the cognizant DCMA Functional Specialist when full administration or Quality Support administration is delegated to DCMA. (8) Government-performed FAT. The contractor shall -- (a) For delivery of separately priced Government first article samples for Government performed FAT ship the units and system of record receiving report (i.e., WAWF or DD Form 250) to the test facility specified in paragraph (a) of FAR clause 52.209-4. (b) For delivery of Government first article samples that are not separately priced, ship the units with a commercial shipping document to the test facility. (c) Prepare the shipping container(s) by marking the external packages in bold letters, “First Article Exhibits - Do Not Post to Stock," adjacent to the MIL-STD-129 (latest revision) identification markings. (d) Use a hard copy of the system of record receiving report (i.e., WAWF DD Form 250), or commercial shipping document as a packing list, in accordance with DFARS Appendix F. (e) Mark the exterior of the shipping container in accordance with MIL-STD-129 (latest revision), paragraph 5.11. (f) In the interior package, include hard copies of the contract, test reports, material certifications/process operation sheets, drawings used to manufacture the units, and a pre-paid return label or shipping account for payment. (g) Send units by traceable means (e.g., certified or registered mail, United Parcel Service, Federal Express). (h) Send an email with subject titled “Notification of Test Exhibits [ DLAtesting@dla.mil ]” to the corresponding address in (i) or (ii) below and to the contracting officer specified in the contract. In the email, provide the shipment date, contract/purchase order number, National Stock Number, means of transportation, tracking number, and summary of container contents. Attach a copy of the system of record receiving report (i.e., WAWF or DD Form 250) documenting the Government has performed the contract quality assurance within the system or record. (i) DLA Land & Maritime - DSCCProdVerif@dla.mil (ii) DLA Aviation - DSCR.Test & EvaluationOffice@dla.mil (9) At its discretion, the Government may return FAT units to the contractor at no cost to the Government. The contractor shall submit the return address and pre-paid return label or shipping account for payment. (10) If the Government disapproves or conditionally approves Government-performed FAT units, the Government will take action in accordance with FAR 52.209-4. CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 13 OF 45 PAGES CONTINUED ON NEXT PAGE SPE4A7-22-R-0498 SECTION E - INSPECTION AND ACCEPTANCE (CONTINUED) E09 CONTRACTOR FIRST ARTICLE TEST (FAT) INFORMATION (MAY 2020) (1) For FAT requirements, the Government will conduct inspection at source and acceptance at destination. The FOB point is destination. Due to known systems limitations, solicitations may contain erroneous inspection, acceptance, and FOB points; and this procurement note takes precedence over any conflicting terms. (2) CONTRACTOR FAT DELIVERY SCHEDULE (a) Days: To Deliver FAT Report to the Government (b) Days: Government FAT Report Evaluation and Notification to Contractor (c) Days: To Deliver Final Production Quantity After Approval of FAT Report (d) Total Delivery Days (Sum of Paragraphs (2)(a) through (2)(c)) 52.246-2 INSPECTION OF SUPPLIES FIXED PRICE (AUG 1996) FAR 52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014) FAR (a) The Contractor shall comply with the higher-level quality standard(s) listed below. Title Number Date Tailoring ISO 9001:2015 or equivalent [Contracting Officer insert the title, number, date, and tailoring (if any) of the higher-level quality standards.] (b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in- (1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or (2) When the technical requirements of a subcontract require- (i) Control of such things as design, work operations, in-process control, testing, and inspection; or (ii) Attention to such factors as organization, planning, work instruction, documentation control, and advanced metrology. (End of Clause) 52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984) FAR E06 INSPECTION AND ACCEPTANCE AT SOURCE (JUN 2018) Inspection and acceptance are at source. The place of acceptance is the location where the Government conducts the last inspection before shipment, unless the contractor indicated a different physical location for acceptance below. The contractor shall indicate the location where supplies will be inspected, if different from the production location: Commercial and Government Entity (CAGE) code: Address: Applicable to contract line item numbers(s) (CLIN(s)): The contractor shall indicate the location where packaging will be inspected, if different from the production location: [ ] Same as for supplies OR CAGE code: Address: Applicable to CLIN(s): The contractor shall indicate the location where supplies will be accepted, if different from the inspection location: Commercial and Government Entity (CAGE) code: Address: Applicable to contract line item numbers(s) (CLIN(s)): CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 14 OF 45 PAGES CONTINUED ON NEXT PAGE SPE4A7-22-R-0498 SECTION E - INSPECTION AND ACCEPTANCE (CONTINUED) SECTION F - DELIVERIES OR PERFORMANCE 52.211-9 DESIRED AND REQUIRED TIME OF DELIVERY (JUN 1997) FAR (a) The Government desires delivery to be made according to the following schedule: Desired Delivery Schedule Item No. Quantity Within Days After Date of Contract 0001 54 250 0002 1 test 250 If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer, propose a delivery schedule below. However, the offeror's proposed delivery schedule must not extend the delivery period beyond the time for delivery in the Government's required delivery schedule as follows: Required Delivery Schedule Item No. Quantity Within Days After Date of Contract Offers that propose delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. If the offeror proposes no other delivery schedule, the desired delivery schedule above will apply. Offeror's Proposed Delivery Schedule Item No. Quantity Within Days After Date of Contract (b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acce ptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day the award is dated. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected. (End of clause) 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR 52.242-15 STOP-WORK ORDER (AUG 1989) FAR 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR 52.247-58 LOADING, BLOCKING, AND BRACING OF FREIGHT CAR SHIPMENTS (APR 1984) FAR 52.247-59 F.O.B. ORIGIN - CARLOAD AND TRUCKLOAD SHIPMENTS (APR 1984) FAR 52.247-60 GUARANTEED SHIPPING CHARACTERISTICS (JAN 2017) FAR (a) The offeror is requested to complete paragraph (a)(1) of this clause, for each part or component which is packed or packaged separately. CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 15 OF 45 PAGES CONTINUED ON NEXT PAGE SPE4A7-22-R-0498 SECTION F - DELIVERIES OR PERFORMANCE (CONTINUED) This information will be used to determine transportation costs for evaluation purposes. If the offeror does not furnish sufficient data in paragraph (a)(1) of this clause, to permit determination by the Government of the item shipping costs, evaluation will be based on the shipping characteristics submitted by the offeror whose offer produces the highest transportation costs or in the absence thereof, by the Contracting Officer's best estimate of the actual transportation costs. If the item shipping costs, based on the actual shipping characteristics, exceed the item shipping costs used for evaluation purposes, the Contractor agrees that the contract price shall be reduced by an amount equal to the difference between the transportation costs actually incurred, and the costs which would have been incurred if the evaluated shipping characteristics had been accurate. (1) To be completed by the offeror: (i) Type of container: Wood Box [ ] Fiber Box [ ], Barrel [ ], Reel [ ], Drum [ ], Other (Specify) ; (ii) Shipping configuration: Knocked-down [ ], Set-up [ ], Nested [ ], Other (specify) ; (iii) Size of container: ” (Length), × ” (Width), × ” (Height) = Cubic Ft; (iv) Number of items per container each; (v) Gross weight of container and contents Lbs; (vi) Palletized/skidded [ ] Yes [ ] No; (vii) Number of containers per pallet/skid ; (viii) Weight of empty pallet bottom/skid and sides Lbs; (ix) Size of pallet/skid and contents Lbs Cube ; (x) Number of containers or pallets/skids per railcar * (A) Size of railcar (B) Type of railcar (xi) Number of containers or pallets/skids per trailer * (A) Size of trailer Ft (B) Type of trailer * Number of complete units (line item) to be shipped in carrier's equipment. (2) To be completed by the Government after evaluation but before contract award: (i) Rate used in evaluation ; (ii) Tender/Tariff ; (iii) Item . (b) The guaranteed shipping characteristics requested in paragraph (a)(1) of this clause do not establish actual transportation requirements, which are specified elsewhere in this solicitation. The guaranteed shipping characteristics will be used only for the purpose of evaluating offers and establishing any liability of the successful offeror for increased transportation costs resulting from actual shipping characteristics which differ from those used for evaluation in accordance with paragraph (a) of this clause. (End of clause) SECTION I - CONTRACT CLAUSES 52.202-1 DEFINITIONS (JUN 2020) FAR 52.203-3 GRATUITIES (APR 1984) FAR 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014) FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020) FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020), ALT I (NOV 2021) FAR 52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020) FAR 52.203-8 CANCELLATION, RECISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) FAR CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 16 OF 45 PAGES CONTINUED ON NEXT PAGE SPE4A7-22-R-0498 SECTION I - CONTRACT CLAUSES (CONTINUED) 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014) FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020) FAR 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020) FAR 52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS-REPRESENTATION (JAN 2017) FAR 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017) FAR 252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) DFARS 252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT-RELATED FELONIES (DEC 2008) DFARS 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011) FAR 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) FAR 52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016) FAR 52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (OCT 2016) FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020) FAR 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR 52.204-20 PREDECESSOR OF OFFEROR (AUG 2020) FAR (a) Definitions. As used in this provision -- Commercial and Government Entity (CAGE) code means -- (1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or (2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (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. Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor. Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. (b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years. (c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order): Predecessor CAGE code: (or mark “Unknown”). CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 17 OF 45 PAGES CONTINUED ON NEXT PAGE SPE4A7-22-R-0498 SECTION I - CONTRACT CLAUSES (CONTINUED) Predecessor legal name: . (Do not use a “doing business as” name). 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (NOV 2021) FAR (a) Definitions. As used in this clause -- Covered article means any hardware, software, or service that -- (1) Is developed or provided by a covered entity; (2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or (3) Contains components using any hardware or software developed in whole or in part by a covered entity. Covered entity means -- (1) Kaspersky Lab; (2) Any successor entity to Kaspersky Lab; (3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or (4) Any entity of which Kaspersky Lab has a majority ownership. (b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from -- (1) Providing any covered article that the Government will use on or after October 1, 2018; and (2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract. (c) Reporting requirement. (1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil. (2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause: (i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles. (d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), including in all subcontracts for the acquisition of commercial products or commercial services. (End of clause) 252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016) DFARS 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS 252.204-7004 LEVEL I ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS (FEB 2019) DFARS 252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT INFORMATION (OCT 2016) DFARS 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (DEC 2019) DFARS 52.209-1 QUALIFICATION REQUIREMENTS (FEB 1995) FAR (a) Definition. “Qualification requirement,” as used in this clause, means a Government requirement for testing or other quality assurance demonstration that must be completed before award. https://dibnet.dod.mil https://dibnet.dod.mil CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 18 OF 45 PAGES CONTINUED ON NEXT PAGE SPE4A7-22-R-0498 SECTION I - CONTRACT CLAUSES (CONTINUED) (b) One or more qualification requirements apply to the supplies or services covered by this contract. For those supplies or services requiring qualification, whether the covered product or service is an end item under this contract or simply a component of an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award of this contract. The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products list, qualified manufacturers list, or qualified bidders list. Offerors should contact the agency activity designated below to obtain all requirements that they or their products or services, or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for qualification. http://quicksearch.dla.mil/qsSearch.aspx (c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant information noted below should be provided. Offeror's Name: Manufacturer's Name: Source's Name: Item Name: Service Identification: Test Number: (to the extent known) (d) Even though a product or service subject to a qualification requirement is not itself an end item under this contract, the product, manufacturer, or source must nevertheless be qualified at the time of award of this contract. This is necessary whether the Contractor or a subcontractor will ultimately provide the product or service in question. If, after award, the Contracting Officer discovers that an applicable qualification requirement was not in fact met at the time of award, the Contracting Officer may either terminate this contract for default or allow performance to continue if adequate consideration is offered and the action is determined to be otherwise in the Government's best interests. (e) If an offeror, manufacturer, source, product or service has met the qualification requireme nt but is not yet on a qualified products list, qualified manufacturers list, or qualified bidders list, the offeror must submit evidence of qualification prior to award of this contract. Unless determined to be in the Government's interest, award of this contract shall not be delayed to permit an offeror to submit evidence of qualification. (f) Any change in location or ownership of the plant where a previously qualified product or service was manufactured or performed requires reevaluation of the qualification. Similarly, any change in location or ownership of a previously qualified manufacturer or source requires reevaluation of the qualification. The reevaluation must be accomplished before the date of award. (End of clause) 52.209-3 FIRST ARTICLE APPROVAL - CONTRACTOR TESTING (SEP 1989) FAR As prescribed in 9.308-1(a) and (b), insert the following clause: [Contracting Officer shall insert details] (a) The Contractor shall test 1 unit(s) of Lot/Item 0002 as specified in this contract. At least 14 calendar days before the beginning of first article tests, the Contractor shall notify the Contracting Officer, in writing, of the time and location of the testing so that the Government may witness the tests. (b) The Contractor shall submit the first article test report within 250 calendar days from the date of this contract to DLAtesting@dla.mil [insert address of the Government activity to receive the report] marked “First Article Test Report: Contract No. TBD , Lot/Item No. TBD ” Within 90 calendar days after the Government receives the test report, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval. (c) If the first article is disapproved, the Contractor, upon Government request, shall repeat any or all first article tests. After each request for https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%209_3.html CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 19 OF 45 PAGES CONTINUED ON NEXT PAGE SPE4A7-22-R-0498 SECTION I - CONTRACT CLAUSES (CONTINUED) additional tests, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall then conduct the tests and deliver another report to the Government under the terms and conditions and within the time specified by the Government. The Government shall take action on this report within the time specified in paragraph (b) of this subsection. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule, or for any additional costs to the Government related to these tests. (d) If the Contractor fails to deliver any first article report on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract. (e) Unless otherwise provided in the contract, and if the approved first article is not consumed or destroyed in testing, the Contractor may deliver the approved first article as part of the contract quantity if it meets all contract requirements for acceptance. (f) If the Government does not act within the time specified in paragraph (b) or (c) of this subsection, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay. (g) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government. (h) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the offeror/contractor and have been accepted by the Government. The offeror/contractor may request a waiver. (End of clause) 52.209-3 FIRST ARTICLE APPROVAL - CONTRACTOR TESTING (SEP 1989), ALT I (JAN 1997) FAR 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (NOV 2021) FAR 252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM (MAY 2019) DFARS 52.211-5 MATERIAL REQUIREMENTS (AUG 2000) FAR 52.215-2 AUDIT AND RECORDS - NEGOTIATION (JUN 2020) FAR 52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997) FAR 52.215-14 INTEGRITY OF UNIT PRICES (NOV 2021) FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018) FAR 52.222-19 CHILD LABOR - COOPERATION WITH AUTHORITIES AND REMEDIES (DEVIATION 2020-O0019) (JAN 2022) FAR (a) Applicability. This clause does not apply to the extent that the Contractor is supplying end products mined, produced, or manufactured in -- (1) Israel, and the anticipated value of the acquisition is $50,000 or more; (2) Mexico, and the anticipated value of the acquisition is $92,319 or more; or CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 20 OF 45 PAGES CONTINUED ON NEXT PAGE SPE4A7-22-R-0498 SECTION I - CONTRACT CLAUSES (CONTINUED) (3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy, Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and the anticipated value of the acquisition is $183,000 or more. (b) Cooperation with Authorities. To enforce the laws prohibiting the manufacture or importation of products mined, produced, or manufactured by forced or indentured child labor, authorized officials may need to conduct investigations to determine whether forced or indentured child labor was used to mine, produce, or manufacture any product furnished under this contract. If the solicitation includes the provision 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, or the equivalent at 52.212-3(i), the Contractor agrees to cooperate fully with authorized officials of the contracting agency, the Departmenet of the Treasury, or the Department of Justice by providing reasonable access to records, documents, persons, or premises upon reasonable request by the authorized officials. (c) Violations. The Government may impose remedies set forth in paragraph (d) for the following violations: (1) The Contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor for listed end products. (2) The Contractor has failed to cooperate, if required, in accordance with paragraph (b) of this clause, with an investigation of the use of forced or indentured child labor by an Inspector General, Attorney General, or the Secretary of the Treasury. (3) The Contractor uses forced or indentured child labor in its mining, production, or manufacturing processes. (4) The Contractor has furnished under the contract end products or components that have been mined, produced, or manufactured wholly or in part by forced or indentured child labor. (The Government will not pursue remedies at paragraph (d)(2) or paragraph (d)(3) of this clause unless sufficient evidence indicates that the Contractor knew of the violation.) (d) Remedies. (1) The Contracting Officer may terminate the contract. (2) The suspending official may suspend the Contractor in accordance with procedures in FAR Subpart 9.4. (3) The debarring official may debar the Contractor for a period not to exceed 3 years in accordance with the procedures in FAR Subpart 9.4. (End of clause) 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015) FAR 52.222-26 EQUAL OPPORTUNITY (SEP 2016) FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020) FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020) FAR 52.222-37 EMPLOYMENT REPORTS ON VETERANS (JUN 2020) FAR 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 2010) FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021) FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS (OCT 2020), ALT I (MAR 2015) FAR (i)(A) The United States Government's policy prohibiting trafficking in persons described in paragraph (b) of this clause; and (B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indicated below: Document Title Document may be obtained from: Applies to performance in/ at: [Contracting Officer shall insert title of directive/notice; indicate the document is attached or provide source (such as website link) for obtaining document; and, indicate the contract performance location outside the United States. to which the document applies.] 52.222–62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2022) FAR CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 21 OF 45 PAGES CONTINUED ON NEXT PAGE SPE4A7-22-R-0498 SECTION I - CONTRACT CLAUSES (CONTINUED) 52.223-6 DRUG-FREE WORKPLACE (MAY 2001) FAR 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (JUN 2020) FAR 52.223-20 AEROSOLS (JUN 2016) FAR 52.223-21 FOAMS (JUN 2016) FAR 252.223-7004 DRUG-FREE WORK FORCE (SEP 1988) DFARS 252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013) DFARS 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008) FAR 252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM - BASIC (DEC 2017) DFARS 252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM—BASIC (DEC 2017), ALT I (DEC 2017) DFARS 252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 2017) DFARS 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017) DFARS (a) Definitions. As used in this clause -- “Component” means any item supplied to the Government as part of an end product or of another component. “End product” means supplies delivered under a line item of this contract. "Qualifying country" means a country with a reciprocal defense procurement memorandum of understanding or international agreement with the United States in which both countries agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country, and the memorandum or agreement complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457. Accordingly, the following are qualifying countries: Australia Austria Belgium Canada Czech Republic Denmark Egypt Estonia Finland France Germany Greece Israel Italy Japan Latvia Luxembourg Netherlands Norway CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 22 OF 45 PAGES CONTINUED ON NEXT PAGE SPE4A7-22-R-0498 SECTION I - CONTRACT CLAUSES (CONTINUED) Poland Portugal Slovenia Spain Sweden Switzerland Turkey United Kingdom of Great Britain and Northern Ireland. “Structural component of a tent” -- (i) Means a component that contributes to the form and stability of the tent (e.g., poles, frames, flooring, guy ropes, pegs); (ii) Does not include equipment such as heating, cooling, or lighting. “United States” means the 50 States, the District of Columbia, and outlying areas. “U.S.-flag vessel” means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States. (b) The Contractor shall deliver under this contract only such of the following items, either as end products or components, that have been grown, reprocessed, reused, or produced in the United States: (1) Food. (2) Clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing and the materials components thereof. Clothing includes items such as outerwear, headwear, underwear, nightwear. footwear, hosiery, handwear, belts, badges, and insignia. (3)(i) Tents and structural components of tents; (ii) Tarpaulins; or (iii) Covers. (4) Cotton and other natural fiber products. (5) Woven silk or woven silk blends. (6) Spun silk yarn for cartridge cloth. (7) Synthetic fabric, and coated synthetic fabric, including all textile fibers and yarns that are for use in such fabrics. (8) Canvas products. (9) Wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles). (10) Any item of individual equipment (Federal Supply Class 8465) manufactured from or containing fibers, yarns, fabrics, or materials listed in this paragraph (b). (c) This clause does not apply -- (1) To items listed in section 25.104(a) of the Federal Acquisition Regulation (FAR), or other items for which the Government has determined that a satisfactory quality and sufficient quantity cannot be acquired as and when needed at U.S. market prices; (2) To incidental amounts of cotton, other natural fibers, or wool incorporated in an end product, for which the estimated value of the cotton, other natural fibers, or wool -- (i) Is not more than 10 percent of the total price of the end product; and (ii) Does not exceed the simplified acquisition threshold in FAR Part 2; (3) To waste and byproducts of cotton or wool fiber for use in the production of propellants and explosives; (4) To foods, other than fish, shellfish, or seafood, that have been manufactured or processed in the United States, regardless of where the foods (and any component if applicable) were grown or produced. Fish, shellfish, or seafood manufactured or processed in the United States and fish, shellfish, or seafood contained in foods manufactured or processed in the United States shall be provided in accordance with paragraph (d) of this clause; (5) To chemical warfare protective clothing produced in a qualifying country; or (6) To fibers and yarns that are for use in synthetic fabric or coated synthetic fabric (but does apply to the synthetic or coated synthetic fabric itself), if -- (i) The fabric is to be used as a component of an end product that is not a textile product. Examples of textile products, made in whole or in part of fabric, include¾ (A) Draperies, floor coverings, furnishings, and bedding (Federal Supply Group 72, Household and Commercial Furnishings and Appliances); CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 23 OF 45 PAGES CONTINUED ON NEXT PAGE SPE4A7-22-R-0498 SECTION I - CONTRACT CLAUSES (CONTINUED) (B) Items made in whole or in part of fabric in Federal Supply Group 83, Textile/leather/furs/apparel/findings/tents/flags, or Federal Supply Group 84, Clothing, Individual Equipment and Insignia; (C) Upholstered seats (whether for household, office, or other use); and (D) Parachutes (Federal Supply Class 1670); or (ii) The fibers and yarns are para-aramid fibers and continuous filament para-aramid yarns manufactured in a qualifying country. (d)(1) Fish, shellfish, and seafood delivered under this contract, or contained in foods delivered under this contract -- (i) Shall be taken from the sea by U.S.-flag vessels; or (ii) If not taken from the sea, shall be obtained from fishing within the UnitedStates; and (2) Any processing or manufacturing of the fish, shellfish, or seafood shall be performed on a U.S.-flag vessel or in the United States. (End of clause) 252.225-7041 CORRESPONDENCE IN ENGLISH (JUN 1997) DFARS 252.225-7052 RESTRICTION ON THE ACQUISITION OF CERTAIN MAGNETS, TANTALUM, AND TUNGSTEN (OCT 2020) DFARS 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (SEP 2004) DFARS 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013) FAR 252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991) DFARS 52.232-1 PAYMENTS (APR 1984) FAR 52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002) FAR 52.232-11 EXTRAS (APR 1984) FAR 52.232-16 PROGRESS PAYMENTS (NOV 2021) FAR The Government will make progress payments to the Contractor when requested as work progresses, but not more frequently than monthly, in amounts of$2,500 or more approved by the Contracting Officer, under the following conditions: (a) Computation of amounts. (1) Unless the Contractor requests a smaller amount, the Government will compute each progress payment as 80 percent of the Contractor's total costs incurred under this contract whether or not actually paid, plus financing payments to subcontractors (see paragraph (j) of this clause), less the sum of all previous progress payments made by the Government under this contract. The Contracting Officer will consider cost of money that would be allowable under Federal Acquisition Regulation (FAR)31.205-10 as an incurred cost for progress payment purposes. (2) The amount of financing and other payments for supplies and services purchased directly for the contract are limited to the amounts that have been paid by cash, check, or other forms of payment, or that are determined due and will be paid to subcontractors -- (i) In accordance with the terms and conditions of a subcontract or invoice; and (ii) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government. (3) The Government will exclude accrued costs of Contractor contributions under employee pension plans until actually paid unless- (i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and (ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's total costs for progress payments until paid). (4) The Contractor shall not include the following in total costs for progress payment purposes in paragraph (a)(1) of this clause: (i) Costs that are not reasonable, allocable to this contract, and consistent with sound and generally accepted accounting principles and practices. (ii) Costs incurred by subcontractors or suppliers. (iii) Costs ordinarily capitalized and subject to depreciation or amortization except for the properly depreciated or amortized portion of CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 24 OF 45 PAGES CONTINUED ON NEXT PAGE SPE4A7-22-R-0498 SECTION I - CONTRACT CLAUSES (CONTINUED) such costs. (iv) Payments made or amounts payable to subcontractors or suppliers, except for- (A) Completed work, including partial deliveries, to which the Contractor has acquired title; and (B) Work under cost-reimbursement or time-and-material subcontracts to which the Contractor has acquired title. (5) The amount of unliquidated progress payments may exceed neither (i) the progress payments made against incomplete work (including allowable unliquidated progress payments to subcontractors) nor (ii) the value, for progress payment purposes, of the incomplete work. Incomplete work shall be considered to be the supplies and services required by this contract, for which delivery and invoicing by the Contractor and acceptance by the Government are incomplete. (6) The total amount of progress payments shall not exceed 90 percent of the total contract price. (7) If a progress payment or the unliquidated progress payments exceed the amounts permitted by subparagraphs (a)(4) or (a)(5) above, the Contractor shall repay the amount of such excess to the Government on demand. (8) Notwithstanding any other terms of the contract, the Contractor agrees not to request progress payments in dollar amounts of less than $2,500. The Contracting Officer may make exceptions. (9) The costs applicable to items delivered, invoiced, and accepted shall not include costs in excess of the contract price of the items. (b) Liquidation. Except as provided in the Termination for Convenience of the Government clause, all progress payments shall be liquidated by deducting from any payment under this contract, other than advance or progress payments, the unliquidated progress payments, or 90 percent of the amount invoiced, whichever is less. The Contractor shall repay to the Government any amounts required by a retroactive price reduction, after computing liquidations and payments on past invoices at the reduced prices and adjusting the unliquidated progress payments accordingly. The Government reserves the right to unilaterally change from the ordinary liquidation rate to an alternate rate when deemed appropriate for proper contract financing. (c) Reduction or suspension. The Contracting Officer may reduce or suspend progress payments, increase the rate of liquidation, or take a combination of these actions, after finding on substantial evidence any of the following conditions: (1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (f) and (g) below). (2) Performance of this contract is endangered by the Contractor's (i) failure to make progress or (ii) unsatisfactory financial condition. (3) Inventory allocated to this contract substantially exceeds reasonable requirements. (4) The Contractor is delinquent in payment of the costs of performing this contract in the ordinary course of business. (5) The fair value of the undelivered work is less than the amount of unliquidated progress payments for that work. (6) The Contractor is realizing less profit than that reflected in the establishment of any alternate liquidation rate in paragraph (b) above, and that rate is less than the progress payment rate stated in subparagraph (a)(1) above. (d) Title. (1) Title to the property described in this paragraph (d) shall vest in the Government. Vestiture shall be immediately upon the date of this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract. (2) Property, as used in this clause, includes all of the below-described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices. (i) Parts, materials, inventories, and work in process; (ii) Special tooling and special test equipment to which the Government is to acquire title; (iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment, and other similar manufacturing aids, title to which would not be obtained as special tooling under subparagraph (ii) above; and (iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract. (3) Although title to property is in the Government under this clause, other applicable clauses of this contract, e.g., the termination clauses, shall determine the handling and disposition of the property. (4) The Contractor may sell any scrap resulting from production under this contract without requesting the Contracting Officer's approval, but the proceeds shall be credited against the costs of performance. (5) To acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor must obtain the Contracting Officer's advance approval of the action and the terms. The Contractor shall (i) exclude the allocable costs of the property from the costs of contract performance, and (ii) repay to the Government any amount of unliquidated progress payments allocable to the property. Repayment may be by cash or credit memorandum. (6) When the Contractor completes all of the obligations under this contract, including liquidation of all progress payments, title shall vest in the Contractor for all property (or the proceeds thereof) not -- (i) Delivered to, and accepted by, the Government under this contract; or (ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 25 OF 45 PAGES CONTINUED ON NEXT PAGE SPE4A7-22-R-0498 SECTION I - CONTRACT CLAUSES (CONTINUED) Government under this clause. (7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause. (e) Risk of loss. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk. The Contractor shall repay the Government an amount equal to the unliquidated progress payments that are based on costs allocable to property that is lost (see 45.101). (f) Control of costs and property. The Contractor shall maintain an accounting system and controls adequate for the proper administration of this clause. (g) Reports, forms, and access to records. (1) The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information (including estimates to complete) reasonably requested by the Contracting Officer for the administration of this clause. Also, the Contractor shall give the Government reasonable opportunity to examine and verify the Contractor's books, records, and accounts. (2) The Contractor shall furnish estimates to complete that have been developed or updated within six months of the date of the progress payment request. The estimates to complete shall represent the Contractor's best estimate of total costs to complete all remaining contract work required under the contract. The estimates shall include sufficient detail to permit Government verification. (3) Each Contractor request for progress payment shall: (i) Be submitted on Standard Form 1443, Contractor's Request for Progress Payment, or the electronic equivalent as required by agency regulations, in accordance with the form instructions and the contract terms; and (ii) Include any additional supporting documentation requested by the Contracting Officer. (h) Special terms regarding default. If this contract is terminated under the Default clause, (i) the Contractor shall, on demand, repay to the Government the amount of unliquidated progress payments, and (ii) title shall vest in the Contractor, on full liquidation of progress payments, for all property for which the Government elects not to require delivery under the Default clause. The Government shall be liable for no payment except as provided by the Default clause. (i) Reservations of rights. (1) No payment or vesting of title under this clause shall (i) excuse the Contractor from performance of obligations under this contract or (ii) constitute a waiver of any of the rights or remedies of the parties under the contract. (2) The Government's rights and remedies under this clause (i) shall not be exclusive but rather shall be in addition to any other rights and remedies provided by law or this contract and (ii) shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government. (j) Financing payments to subcontractors. The financing payments to subcontractors mentioned in paragraphs (a)(1) and (a)(2) of this clause shall be all financing payments to subcontractors or divisions, if the following conditions are met: (1) The amounts included are limited to -- (i) The unliquidated remainder of financing payments made; plus (ii) Any unpaid subcontractor requests for financing payments. (2) The subcontract or interdivisional order is expected to involve a minimum of approximately 6 months between the beginning of work and the first delivery; or, if the subcontractor is a small business concern, 4 months. (3) If the financing payments are in the form of progress payments, the terms of the subcontract or interdivisional order concerning progress payments -- (i) Are substantially similar to the terms of this clause for any subcontractor that is a large business concern, or this clause with its Alternate I for any subcontractor that is a small business concern; (ii) Are at least as favorable to the Government as the terms of this clause; (iii) Are not more favorable to the subcontractor or division than the terms of this clause are to the Contractor; (iv) Are in conformance with the requirements of FAR 32.504(e); and (v) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of the property to the Government if -- (A) The Contractor defaults; or (B) The subcontractor becomes bankrupt or insolvent. (4) If the financing payments are in the form of performance-based payments, the terms of the subcontract or interdivisional order concerning payments -- (i) Are substantially similar to the Performance-Based Payments clause at FAR 52.232-32 and meet the criteria for, and definition of, performance-based payments in FAR Part 32; CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 26 OF 45 PAGES CONTINUED ON NEXT PAGE SPE4A7-22-R-0498 SECTION I - CONTRACT CLAUSES (CONTINUED) (ii) Are in conformance with the requirements of FAR 32.504(f); and (iii) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of the property to the Government if -- (A) The Contractor defaults; or (B) The subcontractor becomes bankrupt or insolvent. (5) If the financing payments are in the form of commercial product or commercial service financing payments, the terms of the subcontract or interdivisional order concerning payments - (i) Are constructed in accordance with FAR 32.206(c) and included in a subcontract for a commercial product or commercial service purchase that meets the definition and standards for acquisition of commercial products and commercial services in FAR parts 2 and 12; (ii) Are in conformance with the requirements of FAR 32.504(g); and (iii) Subordinate all subcontractor rights concerning property to which the Government has title under the subcontract to the Government's right to require delivery of the property to the Government if -- (A) The Contractor defaults; or (B) The subcontractor becomes bankrupt or insolvent. (6) If financing is in the form of progress payments, the progress payment rate in the subcontract is the customary rate used by the contracting agency, depending on whether the subcontractor is or is not a small business concern. (7) Concerning any proceeds received by the Government for property to which title has vested in the Government under the subcontract terms, the parties agree that the proceeds shall be applied to reducing any unliquidated financing payments by the Government to the Contractor under this contract. (8) If no unliquidated financing payments to the Contractor remain, but there are unliquidated financing payments that the Contractor has made to any subcontractor, the Contractor shall be subrogated to all the rights the Government obtained through the terms required by this clause to be in any subcontract, as if all such rights had been assigned and transferred to the Contractor. (9) To facilitate small business participation in subcontracting under this contract, the Contractor shall provide financing payments to small business concerns, in conformity with the standards for customary contract financing payments stated in FAR 32.113. The Contractor shall not consider the need for such financing payments as a handicap or adverse factor in the award of subcontracts. (k) Limitations on undefinitized contract actions. Notwithstanding any other progress payment provisions in this contract, progress payments may not exceed 80 percent of costs incurred on work accomplished under undefinitized contract actions. A contract action is any action resulting in a contract, as defined in subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes. This limitation shall apply to the costs incurred, as computed in accordance with paragraph (a) of this clause, and shall remain in effect until the contract action is definitized. Costs incurred which are subject to this limitation shall be segregated on Contractor progress payment requests and invoices from those costs eligible for higher progress payment rates. For purposes of progress payment liquidation, as described in paragraph (b) of this clause, progress payments for undefinitized contract actions shall be liquidated at 80 percent of the amount invoiced for work performed under the undefinitized contract action as long as the contract action remains undefinitized. The amount of unliquidated progress payments for undefinitized contract actions shall not exceed 80 percent of the maximum liability of the Government under the undefinitized contract action or such lower limit specified elsewhere in the contract. Separate limits may be specified for separate actions. (l) Due date. The designated payment office will make progress payments on the [Contracting Officer insert date as prescribed by agency head; if not prescribed, insert "30th"] day after the designated billing office receives a proper progress payment request. In the event that the Government requires an audit or other review of a specific progress payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date. Progress payments are considered contract financing and are not subject to the interest penalty provisions of the Prompt Payment Act. (m) Progress payments under indefinite-delivery contracts. The Contractor shall account for and submit progress payment requests under individual orders as if the order constituted a separate contract, unless otherwise specified in this contract. (End of clause) 52.232-17 INTEREST (MAY 2014) FAR 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014) FAR 52.232-25 PROMPT PAYMENT (JAN 2017) FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD MANAGEMENT (OCT 2018) FAR CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 27 OF 45 PAGES CONTINUED ON NEXT PAGE SPE4A7-22-R-0498 SECTION I - CONTRACT CLAUSES (CONTINUED) 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (NOV 2021) FAR 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (DEC 2018) DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018) DFARS (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. (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contr

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