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COMBINED SYNOPSIS/SOLICITATION

Recovery and Transport of Equipment

This is a combined synopsis/solicitation for commercial items prepared in accordance with the

format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional

information included in this notice. This announcement constitutes the only solicitation; proposals

are being requested and a written solicitation will not be issued.

The combined synopsis/solicitation number is W912D023Q0010 and is issue as a Request for Proposal

(RFP) to establish a Firm Fixed Price (FFP) service contract for the Recovery and Transport of

Equipment along the Alaska Highway 3 then extends to Alaska Highway 2 and terminates at Eielson Air

Force Base Exit .

The combined synopsis/solicitation document and incorporated provisions and clauses are those in

effect through Federal Acquisition Circular (FAC) 2021-04, effective 19 January 2021. The DFARS

provisions and clauses are those in effect 15 January 2021.

This requirement is solicited on a 100% Small Business basis.

The associated North American Industrial Classification System (NAICS) code for this procurement is

488410 – Motor Vehicle Towing. The NAICS Code was identified through a review of the U.S. Census

Bureau’s website where Motor Vehicle Towing was listed as a corresponding index category. The small

business size standard is $8 million.

DESCRIPTION OF REQUIREMENT:

The contractor shall provide a complete vehicle recovery and hauling service. The service shall

include a flat rate for recovering catastrophically damaged military vehicles along Alaska’s

Highway System to Joint Base Elmendorf-Richardson (JBER) or Fort Wainwright (FWA) upon request. In

accordance with support and services the contractor shall support users who require non-tactical

vehicle support for tactical vehicle recovery. The contractor shall provide the capability to

remove/transport up to 3 damaged pieces of equipment per day. The equipment to be recovered will

not exceed 74,000lbs and 110in L x 126in H x 100in W. from the side of a highway and transport it

to Joint Base Elmendorf-Richardson and/or Fort Wainwright. Contractor should be prepared to recover

up to 75 vehicles during the period of 20MAR23 - 15APR23. The contractor will be required to begin

recovery at the recovery site within eight hours after notification that a recovery is needed.

Coverage will extend from the JBER exit on AK HWY 1 to the junction with the southernmost portion

of AK HWY 3. The route covers all of AK HWY 3 then extends to AK HWY 2 and terminates at the

Eielson Air Force Base Exit. Contractors will have access to both bases to drop off damaged

equipment at the requested areas.

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PLACE OF PERFORMANCE:

The route covers all of AK HWY 3 then extends to AK HWY 2 and terminates at the Eielson Air Force

Base Exit

PERIOD OF PERFORMANCE:

The period of performance (POP) shall be for a period of 20 March 2023 to 15 April 2023..

PROPOSAL INFORMATION:

Offerors shall include in their proposals the following:

▪ Description

▪ Price Breakdown for the items listed for the 20 March 2023 thru 15 April 2023

▪ Include in the cost for roll overs recovery fees, towing, that is capable of recovering

equipment up to 74,000 lbs with on call service with a 8 hour response time to the jobsite.

The Government will evaluate this information to determine which proposal will receive the

contract. Offerors who fail to provide this information will be considered non- responsive and will

not be further evaluated.

QUESTIONS:

Any questions concerning this combined synopsis/solicitation shall be submitted electronically via

email to richard.f.smith3.civ@mail.mil no later than 15 March 2023 at 1:00 PM (AKST).

SUBMISSION:

Proposals shall be submitted electronically and no other method of proposal submission will be

accepted. Adobe (.pdf), Microsoft Word (.doc) and Microsoft Excel (.xlsx) are acceptable formats

for submitting proposals.

Proposals shall be electronically submitted and received no later than Thursday, March 16, 2023 at

1:00 PM (AKST). All proposals shall be emailed to richard.f.smith3.civ@mail.mil.

If you are having issues submitting your proposal, please contact Richard Smith as soon as

possible.

BASIS OF CONTRACT AWARD:

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This is a competitive action in which award shall be made to the vendor with the lowest price

capable of meeting the requirements of the attached PWS and conforms to this combined

synopsis/solicitation.

Only vendors who are registered with the System for Award Management (SAM) under the assigned

NAICS, have no active exclusions, and have completed the FAR & DFARS Representations and

Certifications will be considered. Vendors must register at https://www.sam.gov.

Vendors must provide Section 889 representations, Part A and B, within their representations and

certifications. OCT 2020 versions for FAR 52.204-24, 52.204-26 and 52.212-3 are now available in

SAM. Ensure the update of SAM records and provide representations within the OCT 2020 provisions.

INVOICES:

The submission of invoices shall be in accordance with FAR clause 52.212-4(g). The contractor shall

submit ALL invoices electronically utilizing Wide Area Work Flow

(WAWF). Procedures for using WAWF are found in DFARS clause 252-232-7003, Electronic Submission of

Payment Requests and Receiving Reports.

FUNDING INFORMATION:

Funding is available for this requirement.

CONTRACTING OFFICE POINTS OF CONTACT:

Contracting Officer Jeffrey Morgan 907-353-2368

Jeffrey.p.morgan.civ@mail.mil

Primary Contract Specialist

Richard Smith 907-353-1066

Richard.f.smith3.civ@mail.mil

PROVISIONS INCORPORATED BY REFERENCE:

52.204-7 System for Award Management (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting (AUG 2020) 52.212-1

Instructions to Offerors – Commercial Items (JUN 2020)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction Under Any Federal Law (FEB 2016)

52.212-3 Offeror Representations and Certifications – Commercial Items (JAN 2021)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions relating to Iran – Representations and Certifications (JUN 2020)

252.203-7005 Representation Relating to Compensation of Former DoD Officials (NOV 2011)

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252.204-7016 Covered Defense Telecommunications Equipment or Services – Representations (DEC

2019)

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or

Services – Representation (DEC 2019)

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements (NOV 2020)

PROVISIONS INCORPORATED BY FULL TEXT:

52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or

Equipment (OCT 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the

Offeror has represented that it "does not provide covered telecommunications equipment or services

as a part of its offered products or services to the Government in the performance of any contract,

subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26,

Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the

provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror

shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has

represented that it "does not use covered telecommunications equipment or services, or any

equipment, system, or service that uses covered telecommunications equipment or services" in

paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at

52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection

arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings

provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and

Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year

2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from

procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment,

system, or service that uses covered telecommunications equipment or services as a substantial or

essential component of any system, or as critical technology as part of any system. Nothing in the

prohibition shall be construed to—

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(i) Prohibit the head of an executive agency from procuring with an entity to provide a service

that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection

arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot

permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year

2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from

entering into a contract or extending or renewing a contract with an entity that uses any

equipment, system, or service that uses covered telecommunications equipment or services as a

substantial or essential component of any system, or as critical technology as part of any system.

This prohibition applies to the use of covered telecommunications equipment or services, regardless

of whether that use is in performance of work under a Federal contract. Nothing in the prohibition

shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service

that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection

arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot

permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for

"covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It ☐ will, ☐ will not provide covered telecommunications equipment or services to the

Government in the performance of any contract, subcontract or other contractual instrument

resulting from this solicitation. The Offeror shall provide the additional disclosure information

required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of

this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror

represents that—

It ☐ does, ☐ does not use covered telecommunications equipment or services, or use any equipment,

system, or service that uses covered telecommunications equipment or services. The Offeror shall

provide the additional disclosure information required at paragraph (e)(2) of this section if the

Offeror responds "does" in paragraph (d)(2) of this section.

Page 5 of 23

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has

responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall

provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique

entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM)

or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number,

such as OEM number, manufacturer part number, or wholesaler number; and item description, as

applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors

relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1)

of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications

services offered (include on the item being maintained: Brand; model number, such as OEM number,

manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being

provided; and explanation of the proposed use of covered telecommunications services and any

factors relevant to determining if such use would be permissible under the prohibition in paragraph

(b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has

responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall

provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment

Page 6 of 23

(include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a

distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number,

such as OEM number, manufacturer part number, or wholesaler number; and item description, as

applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors

relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2)

of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications

services offered (include on the item being maintained: Brand; model number, such as OEM number,

manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of

the proposed use of covered telecommunications services and any factors relevant to determining if

such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of Provision)

52.204-26 Covered Telecommunications Equipment or Services – Representation (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and

"reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting

for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award

Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for

"covered telecommunications equipment or services".

(c)

(1) Representation. The Offeror represents that it ☐ does, ☐ does not provide covered

telecommunications equipment or services as a part of its offered

Page 7 of 23

products or services to the Government in the performance of any contract, subcontract, or other

contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror

represents that it ☐ does, ☐ does not use covered telecommunications equipment or services, or any

equipment, system, or service that uses covered telecommunications equipment or services.

(End of Provision)

52.212-1, Instructions to Offerors – Commercial Items (JUN 2020)

This provision is hereby incorporated by reference with the same force and effect as if it were

given in full text.

In addition to the following addendum, all terms and conditions of FAR provision 52.212- 1 remain

in effect. The following have been tailored to this procurement and are hereby added via addendum:

m) To assure timely and equitable evaluation of the proposal, the vendors must follow the

instructions contained herein. The proposal must be complete, self-sufficient, and respond directly

to the requirements of this solicitation.

n) The response shall consist of:

(1) Part I - Performance Capabilities.

(2) Part II - Price Structure: Submit one copy of the price structure (Attachment 2). Contractor

shall fill out the price structure in accordance with the instructions provided in Attachment 2.

The quantities stated within the price structure and the PWS are estimates only. Pricing shall

include labor, materials, equipment, tools, handling, transportation, deliver, management, market

conditions, lower than expected contract value, risk of doing business, and other pricing elements

that are not stated herein.

(3) Part III – Required Representations:

(i) FAR Provision 52.204-24 – Contractor shall complete and submit one copy of the provision

(Attachment 3).

(ii) FAR Provision 52.204-26 – Contractor shall complete and submit one copy of the provision

(Attachment 4).

(iii) Questionnaire – Contractor shall complete and submit one copy of the questionnaire

(Attachment 5).

Page 8 of 23

o) Award will be made to the vendor whose proposal is conforming to the solicitation and is

determined to be the lowest price technically acceptable.

52.212-2, Evaluation – Commercial Items (OCT 2014)

This provision has been tailored to this procurement and is provided in full text below:

(a) The Government will award a contract resulting from this solicitation to the responsible vendor

whose proposal conforming to the solicitation will be most advantageous to the Government.

(1) The Government intends to evaluate proposals and award without discussion. However, the

Government reserves the right to conduct discussions if later determined by the Contracting Officer

to be necessary. Proposals that fail to submit required representations or information, or reject

the terms and conditions of the solicitation may be excluded from consideration.

(2) In accordance with FAR 9.103, all contracts shall be awarded only to responsible contractors.

The Contracting Officer will make an affirmative determination of contractor responsibility in

accordance with the standards set forth in FAR 9.104. A prospective contractor that is or recently

has been seriously deficient, or that has received either a Termination for Cause or Termination

for Default within the last 12 months from the issuance date of the current solicitation, will be

presumed to be nonresponsible. Proposals that are submitted by contractors that are deemed

nonresponsible will be rejected. Award will be made to the lowest price technically acceptable upon

determination of contractor responsibility.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for

all options to the total price for the basic requirement. The Government may determine that an

offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options

shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the

successful offeror within the time for acceptance specified in the offer, shall result in a binding

contract without further action by either party. Before the offer’s specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after

its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

52.252-1, Solicitation Provisions Incorporated by Reference (February 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same

force and effect as if they were given in full text. Upon request, the Contracting

Page 9 of 23

Officer will make their full text available. The offeror is cautioned that the listed provisions

may include blocks that must be completed by the offeror and submitted with its quotation or offer.

In lieu of submitting the full text of those provisions, the offeror may identify the provision by

paragraph identifier and provide the appropriate information with its quotation or offer. Also, the

full text of a solicitation provision may be accessed electronically at this address:

https://www.acquisition.gov/.

(End of Provision)

CLAUSES INCORPORATED BY REFERENCE:

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-13

System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity

Cody Maintenance (AUG

2020)

52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)

52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018) 52.232-1 Payments

(APR 1984)

52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)

252.201-7000 Contracting Officer’s Representative (DEC 1991)

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

252.203-7002 Requirement to Inform Employees of Whistleblower Rights (SEP 2013)

252.204-7003 Control of Government Personnel Work Product (APR 1992) 252.204-7004 DoD

Antiterrorism Awareness Training for Contractors (FEB 2019) 252.204-7012 Safeguarding Covered

Defense Information and Cyber Incident

Reporting (DEC 2019)

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (MAY 2016)

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

Services (JAN 2020)

252.204-7020 NIST SP 800-171 DoD Assessment Requirements (NOV 2020) 252.223-7006 Prohibition

on Storage, Treatment, and Disposal of Toxic or

Hazardous Materials – Basic (SEP 2014) 252.223-7008 Prohibition of Hexavalent Chromium (JUN

2013) 252.225-7048 Export - Controlled Items (JUN 2013)

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018)

252.232-7010 Levies on Contract Payments (DEC 2006) 252-243-7001 Pricing of Modifications

(DEC 1991)

252.244-7000 Subcontracts for Commercial Items (OCT 2020)

Page 10 of 23

CLAUSES INCORPORATED BY FULL TEXT:

52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders –

Commercial Items (JAN 2021)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses,

which are incorporated in this contract by reference, to implement provisions of law or Executive

orders applicable to acquisitions of commercial items:

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

(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent

appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78

(19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting

Officer has indicated as being incorporated in this contract by reference to implement provisions

of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate

I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

Page 11 of 23

(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

☒ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020)

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

(5) [Reserved].

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L.

111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct

2016) (Pub. L. 111-117, section 743 of Div. C).

☒ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred,

Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct

2018) (41 U.S.C. 2313).

(10) [Reserved].

(11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

(ii) Alternate I (Mar 2020) of 52.219-3.

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15

U.S.C. 657a).

(ii) Alternate I (Mar 2020) of 52.219-4.

(13) [Reserved]

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

(ii) Alternate I (Mar 2020) of 52.219-6.

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

(ii) Alternate I (Mar 2020) of 52.219-7.

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(16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

(17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Jun 2020) of 52.219-9.

(v) Alternate IV (Jun 2020) of 52.219-9

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

(ii) Alternate I (Mar 2020) of 52.219-13.

(19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999)

(15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (Mar 2020)

(15 U.S.C. 657f).

☒ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (15 U.S.C.

632(a)(2)).

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

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Mar 2020)

(15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business

Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

(26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

☒ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

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(28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

☒ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

☒ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

(ii) Alternate I (Feb 1999) of 52.222-26.

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

(ii) Alternate I (Jul 2014) of 52.222-35.

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

(ii) Alternate I (Jul 2014) of 52.222-36.

(33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

☒ (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O.

13627).

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

13627).

(36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not

applicable to the acquisition of commercially available off-the- shelf items or certain other types

of commercial items as prescribed in 22.1803.)

(37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items

(May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially

available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not

applicable to the acquisition of commercially available off-the-shelf items.)

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons

(Jun 2016) (E.O. 13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (Jun 2016) (E.O. 13693).

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(40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423

and 13514).

(ii) Alternate I (Oct 2015) of 52.223-13.

(41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and

13514).

(ii) Alternate I (Jun2014) of 52.223-14.

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

(43) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

☒ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020)

(E.O. 13513).

(45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(46) 52.223-21, Foams (Jun2016) (E.O. 13693).

(47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

(ii) Alternate I (Jan 2017) of 52.224-3.

(48) 52.225-1, Buy American-Supplies (Jan 2021) (41 U.S.C. chapter 83).

(49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note,

19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-

286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

(ii) Alternate I (Jan 2021) of 52.225-3.

(iii) Alternate II (Jan 2021) of 52.225-3.

(iv) Alternate III (Jan 2021) of 52.225-3.

(50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq.,

19 U.S.C. 3301 note).

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☒ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and

statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10

U.S.C. 2302 Note).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42

U.S.C. 5150).

(55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

(56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505,

10 U.S.C. 2307(f)).

(57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

☒ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31

U.S.C. 3332).

☒ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul

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

☒ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

(63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46

U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

(ii) Alternate I (Apr 2003) of 52.247-64.

(iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to

commercial services, that the Contracting Officer has indicated as being incorporated in this

contract by reference to implement provisions of law or Executive orders applicable to acquisitions

of commercial items:

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[Contracting Officer check as appropriate.]

☒ (1) 52.222-41, Service Contract Labor Standards (Aug 2018)

(41 U.S.C. chapter67).

☒ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

☒ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment

(Multiple Year and Option Contracts) (Aug 2018)

(29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards- Price Adjustment

(May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts

for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C.

chapter 67).

(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts

for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

☒ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

☒ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O.

13706).

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

1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of

this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the

simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract,

and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the

Comptroller General, shall have access to and right to examine any of the Contractor’s directly

pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records,

materials, and other evidence for examination, audit, or reproduction, until 3 years after final

payment under this contract or for any shorter period

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specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract.

If this contract is completely or partially terminated, the records relating to the work terminated

shall be made available for 3 years after any resulting final termination settlement. Records

relating to appeals under the disputes clause or to litigation or the settlement of claims arising

under or relating to this contract shall be made available until such appeals, litigation, or

claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices,

and other data, regardless of type and regardless of form. This does not require the Contractor to

create or maintain any record that the Contractor does not maintain in the ordinary course of

business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and

(d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in

this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the

extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

(Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent

appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018)

(15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.

If the subcontract (except subcontracts to small business concerns) exceeds the applicable

threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must

include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)

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

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O

13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts

for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C.

chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct

2016) (Section 862, as amended, of the National

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Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

1792). Flow down required in accordance with paragraph

(e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631). Flow down

required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a

minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.217-8, Option to Extend Services (November 1999).

The Government may require continued performance of any services within the limits and at the rates

specified in the contract. These rates may be adjusted only as a result of revisions to prevailing

labor rates provided by the Secretary of Labor. The option provision may be exercised more than

once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting

Officer may exercise the option by written notice to the Contractor within 30 days of the contract

expiration date.

(End of Clause)

52.252-2, Clauses Incorporated by Reference (February 1998).

This contract incorporates one or more clauses by reference, with the same force and effect as if

they were given in full text. Upon request, the Contracting Officer will make their full text

available. Also, the full text of a clause may be accessed electronically at this address:

https://www.acquisition.gov/.

(End of Clause)

252.232-7006, Wide Area Work Flow Payment Instructions

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely

identifies a unit, activity, or organization.

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Document Type means the type of payment request or receiving report available for creation in Wide

Area Work Flow (WAWF).

Local Processing Office (LPO) is the office responsible for payment certification when payment

certification is done external to the entitlement system.

Payment request and receiving report are defined in the clause at 252.232- 0003, Electronic

Submission of Payment Requests and Receiving Reports.

(b) Electronic Invoicing. The WAWF system provides the method to electronically process vendor

payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation

Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF Access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at

https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for

self-registration available at this web site.

(d) WAWF Training. The Contractor should follow the training instructions of the WAWF Web-Based

Training Course and use the Practice Training Site before submitting payment requests through WAWF.

Both can be accessed by selecting the Web Based Training link on the WAWF home page at

https://wawf.eb.mil/

(e) WAWF Methods of Document Submission. Document submissions may be via web entry, Electronic Data

Interchange, or File Transfer Protocol.

(f) WAWF Payment Instructions. The Contractor shall use the following information when submitting

payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document Type. The Contractor shall submit payment requests using the following document

type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by

the Contracting Officer.

FOB DESTINATION

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(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1,

which meets the requirements for the invoice and receiving report, or the applicable invoice and

receiving report, as specified by the Contracting Officer.

2-IN-1 INVOICE

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

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

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

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is

included in the contract.

[Note: The Contractor may use a WAWF combo document type to create some combinations of invoice and

receiving report in one step.]

(3) Document Routing. The Contractor shall use the information in the Routing Data Table below only

to fill in applicable fields in WAWF when creating payment requests and receiving reports in the

system.

Routing Data Table*

Field Name in WAWF Pay Official DoDAAC

Issue By DoDAAC Admin DoDAAC** Inspect By DoDAAC Ship To Code

Ship From Code Mark For Code

Service Approver (DoDAAC) Service Acceptor (DoDAAC) Accept at Other DoDAAC LPO DoDAAC

DCAA Auditor DoDAAC Other DoDAAC(s)

Data to be entered in WAWF HQ0490

W912D0 W912D0 W584FK

W584FK W584FK

(4) Payment Request. The Contractor shall ensure a payment request includes documentation

appropriate to the type of payment request in accordance with the payment clause, contract

financing clause, or Federal Acquisition Regulation 52.216- 7, Allowable Cost and Payment, as

applicable.

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(5) Receiving Report. The Contractor shall ensure a receiving report meets the requirements of

DFARS Appendix F.

(g) WAWF Point of Contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following

contracting activity s WAWF point of contact.

NAME: Zachary Bilskie PHONE #: (812) 618-5328

EMAIL: zachery.r.bilskie.mil@army.mil

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

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Attachments/Links