20Q0262 Solicition.docx

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HVAC System Repair Federal contract opportunity
Solicitation number
N6893620Q0262
Issued by
Department of the Navy Naval Air Systems Command Naval Air Warfare Center

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N6893620Q0262

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

TO BE COMPLETED AT AWARD

QUOTE #__________ DATED__________

Partial Shipment/Partial Payment is ACCEPTABLE by complete line item only.

Partial shipment/Partial payment is NOT ACCEPTABLE.

Payment IS AUTHORIZED at the beginning of the period of performance. The invoice may not be submitted before the period of performance begins.

EARLY DELIVERY IS ACCEPTED AND AUTHORIZED AT NO ADDITIONAL COST TO THE GOVERNMENT.

Vendor Contact:

Name: ____________________________________ Phone: ____________________________________ Fax: ____________________________________ Email: ____________________________________

Technical Contact:

Name: ___________________________________ Phone: ___________________________________ Email: ___________________________________

SHIPPING FEES ARE LOCATED IN SECTION B OF THIS DOCUMENT CALLED OUT AS TAC AMOUNT'.

SHIPPING INSTRUCTIONS ARE LOCATED IN SECTION F OF THIS DOCUMENT.

Invoicing instructions are located in Section G of this document.

WAWF INVOICING HELP & INSTRUCTIONS:

Visit the website at https://wawf.eb.mil/ and you can find help via the link "Vendors Getting Started " under the Getting Started Help area at the bottom of the website.

This vendor IS/IS NOT a small business under NAICS ________________.

This order is a purchase order with the Federal Government and is tax exempt.

Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies, analyses, and related information, and computer software executable code and source code. Per this definition there will not be any technical information provided, as such clause 252.204-7012 would not be in effect.

FOR YOUR INFORMATION:

The following addresses and points of contact are provided:

Name:Virginia Dennison
Phone:(760) 793-3307

Email address: virginia.dennison@navy.mil

Section B - Supplies or Services and Prices

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Lite

Repair HVAC System

FFP

See Statement of Work in Section C and Front End Specs in Section J.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

PURCHASE REQUEST NUMBER: 1300867775

PSC CD: Z2AZ

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK

PROVIDE HEATING AND COOLING FOR

OFFICE/CONFERENCE SPACES PM531

02/12/20

1. PID-PR Purpose The purpose of this project is to provide heating and cooling to office and conference spaces due to failure of equipment that provides HVAC to those areas. It is the intent of this statement of work to outline the requirements to install a new HVAC system for the range communications building office and conference rooms.

Project Location Naval Air Warfare Center Weapons Division (NAWCWD) building 531 is located at Point Mugu Naval Base Ventura County.

1.1 Supervision

The Contractor Superintendent must have a minimum of 5 years of experience as a Superintendent on previous projects of similar size and complexity. The Superintendent may serve as the Site Safety and Health Officer. Provide a Superintendent Resume for the proposed on-site Project Superintendent describing experience with references and qualifications to the Contracting Officer for approval. The Contracting Officer reserves the right to interview the proposed on-site Project Superintendent at any time in order to verify the submitted qualifications.

1.2 Contractor Furnished Property and Submittals

The Contractor shall furnish all labor, materials, equipment, supervision, and transportation necessary for the successful completion of the work described in this contract.

1.3 Changes

No oral statement by any person other than the Contracting Officer, as provided in the Federal Acquisition Regulation (FAR) clause 52.243-5 entitled, "CHANGES AND CHANGED CONDITIONS," will in any manner or degree modify or otherwise affect the terms of this contract.

1.3.1 Transportation permits: Transportation permits are the responsibility of the contractor.

1.3 Utilities

1.3.1 Power: Contractor to connect

1.4 Use of Utilities

Contractor may use electric, water and sanitary facilities at the project area.

1.5 Operations and Maintenance Information (OMSI)

Furnish two (2) hard copies and 2 (2) electronics (CD format) for all O&M informationas-built products, materials, and equipment, including data sheets, test reports, warranties, certificates, list of spare parts suppliers for all pieces of equipment, and approved construction submittals. This information shall include manufacture’s data of equipment and materials used for this project. Include manufacturer’s data for maintenance scheduling, repair parts list, and maintenance procedures. The data shall be provided in Adobe ™ Acrobat document format, latest version. Maintenance procedures shall include step-by-step written instructions with illustrations and photographs as required to accurately perform all preventative maintenance.

1.6 Protection of Existing Improvements

The Contractor shall be responsible for repairing any damage to improvements

1.9 Statement of Work:

Provide Lock Out/Tag Out for existing HV Units, safe off electrical and disconnect power supply.

Disconnect gas piping, electrical, ducting, supports and all utilities, then demo and remove both Reznor HV Units.

Furnish and install 2-new 7.5 Ton Heat Pump Air Handler Units in mechanical room.

Furnish and install 2-new 7.5 Ton Heat Pump Condensing Units and set on the outside of mechanical room on the concrete and secure.

Fabricate and install all new 24-guage sheet metal return and supply duct fittings, make all modifications and connections to connect to existing duct.

Install all strut, supports and all related hardware per SMACNA.

Install all new properly sized ACR copper refrigerant lines from the new condenser units to the new air handlers, and properly insulate.

Provide all new electrical conduit, wire, breakers, stainless disconnects, fuses and all required fittings for new electrical service to all 4-locations.

Install 2-new 7 Day Programmable Thermostats, independent of DDC System, for both new systems with all related control wiring.

Run new copper condensate drain line to existing floor drain location in the mechanical room.

Start and test operation for proper operation and manufactures specifications.

Properly seal, secure, and support all newly installed equipment, ducting and piping with required supports and bracing as per government standards.

Liabilities insurances, Certified Payroll & Prevailing Wages, required documents, all required equipment and material submittals & manuals if needed and all manufacture’s warranties.

1.10 Government Safety Requirements

Contractor to develop and implement a safety program in accordance with UFGS 01 35

26.05 20 and EM-385-1-1, Safety and Health Requirements Manual.

2. Applicable Documents and Attachments:

In the event of a conflict between the text of this SOW and the applicable documents cited herein, the text of this SOW shall take precedence. Nothing in this SOW, however, shall supersede applicable laws and regulations unless exemption has been obtained.

2.1. Design Criteria

Equipment shall meet all applicable local, state, and federal codes.

2.2 Vicinity Map and Site Map(s)

See attachment

2.3 Close-out documents:

Standard Operating & Maintenance manuals including standard warranty information provided at the completion of the project.

3.0 Time for Completion

All work (including final clean-up) shall be completed within 90 calendar days from the issuance of the Notice to Proceed.

3.1 Warranty:

Warrant all materials and work for not less than one year after final acceptance of the work. If required to provide remedial repair of previously installed work due to latent defect or unacceptable work performance, warrant the repaired work for one year after the completion and acceptance of the repair. For warranted items, furnish the manufacturer’s original written warranty accompanied by a copy of the supplier's receipt showing place of purchase, telephone number of supplier, address, delivery order number if applicable, and ticket number.

3.2 Naval Technical Representative (NTR):

WILL BE PROVIDED IN

AWARD DOCUMENT

The contractor shall immediately notify the Contracts Office and NTR of any problems causing increased scope or cost, delay, or work stoppage. Work shall not proceed without authorization from the Contracting Officer. Final inspection and acceptance of the deliverables as well as disassembly and removal shall be performed by the NTR

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

52.246-12
Inspection of Construction
AUG 1996
E-TXT-04INSPECTION AND ACCEPTANCE (DESTINATION) (APR 2002)
Inspection and acceptance of the supplies or services to be furnished hereunder shall be made at destination by the receiving activity.

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC / CAGE
0001
POP 01-OCT-2020 TO

01-JAN-2021

N/A
SEE F-TXT

SHIPPING INSTRUCTIONS

FOR DELIVERIES TO NAWCWD CA

FOB: Destination N68936

52.242-15
Stop-Work Order
AUG 1989
52.247-34
F.O.B. Destination
NOV 1991

F-TXT-08 SHIPPING INSTRUCTIONS (POINT MUGU) (MAY 2018)

SHIP TO:NAVAL BASE VENTURA COUNTY (NBVC)
Attn: TPOC, N68936XXXXXX, Code:XXXXXX Phone:(805) 989-XXXX
625 Laguna Road, Bldg. 65
Point Mugu, CA 93042-5033

Failure to mark each shipping label and packing list as indicated above may result in return of shipment at your expense, or will cause a delay in processing your invoice for payment.

DOCK HOURS are from 0800 TO 1530, MONDAY THROUGH THURSDAY EXCLUDING HOLIDAYS WHEN THE RECEIVING DOCK WILL BE CLOSED.

Section G - Contract Administration Data

5252.201-9501DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE (COR) (NAVAIR)(SEP 2012)
(a) The Contracting Officer has designated [insert name, mailing address, code, and telephone number] as the authorized Contracting Officer's Representative (COR) to perform the following functions, duties, and/or responsibilities:[Insert functions, duties, and/or responsibilities of the COR].
(b) The effective period of the COR designation is [insert "the period of performance of this contract" OR "from _______ to ________."]
5252.242-9511CONTRACT ADMINISTRATION DATA (NAVAIR)(NOV 2017)
(a) Contract Administration Office.
(1) Contract administration functions (see FAR 42.302(a) and DFARS 242.302(a)) are assigned to: See the ADMINISTERED BY Block on the face page of the contract, modification, or order.
(b) Special Instructions (see FAR 42.202(b) and (c)):
(1) The following contract administration functions are retained (see FAR 42.302(a) and DFARS 242.302(a)):
Functions Retained
Retained for Performance By:
[Insert function from FAR 42.302(a) or DFARS 242.302(a)]
[Insert PCO, COR, Requiring Activity, or TPOC for each function.]

[Repeat as necessary.]

(2) The following additional contract administration functions are assigned (see FAR 42.302(b)):
Additional Functions
Retained for Performance By:
[Insert function from FAR 42.302(b) or other function identified as necessary for administration of the contract.]
[Insert "See the ADMINISTERED BY Block on the face page of the contract, modification or order.”.]

[Repeat as necessary.]

(c) Inquiries regarding payment should be referred to: MyInvoice through the Wide Area Workflow eBusiness Suite: https://wawf.eb.mil.

252.232-7006WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(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 Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.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 must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s): COMBO

**If a "Combo" document type is identified but not supportable by the Contractor's business systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer: N68936
(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 WAWFData to be entered in WAWF
Pay Official DoDAAC:N64141
Issue By DoDAAC:N68936
Admin DoDAAC:N68936
Inspect By DoDAAC:"Leave Blank"
Ship To Code:N68936
Ship From Code:"Leave Blank"
Mark For Code:"Leave Blank"
Service Approver (DoDAAC):"Leave Blank"
Service Acceptor (DoDAAC):"Leave Blank"
Accept at Other DoDAAC:"Leave Blank"
LPO DoDAAC:"Leave Blank"
DCAA Auditor DoDAAC:"Leave Blank"
Other DoDAAC(s):"Leave Blank"
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system.

POC:

ALT POC:

(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: N/A
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
G-TXT-01ATTENTION! E-MAIL ADDRESS REQUIRED FOR DISTRIBUTION
All Naval Air Warfare Center Weapons Division Contracts/ Purchase Orders and other related documents are now distributed by electronic mail.
Please provide the e-mail address to which distribution of contracts/purchase orders should be made.
E-Mail Address:___________________________________________________

Section I - Contract Clauses

52.204-9
Personal Identity Verification of Contractor Personnel
JAN 2011
52.204-10
Reporting Executive Compensation and First-Tier Subcontract Awards
JUN 2020
52.204-25
Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2020
52.209-6
Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
JUN 2020
52.209-10
Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.211-13
Time Extensions
SEP 2000
52.211-18
Variation in Estimated Quantity
APR 1984
52.212-4
Contract Terms and Conditions--Commercial Items
OCT 2018
52.213-1
Fast Payment Procedure
MAY 2006
52.222-1
Notice To The Government Of Labor Disputes
FEB 1997
52.222-3
Convict Labor
JUN 2003
52.222-6
Construction Wage Rate Requirements
AUG 2018
52.222-7
Withholding of Funds
MAY 2014
52.222-8
Payrolls and Basic Records
AUG 2018
52.222-9
Apprentices and Trainees
JUL 2005
52.222-10
Compliance with Copeland Act Requirements
FEB 1988
52.222-11
Subcontracts (Labor Standards)
MAY 2014
52.222-12
Contract Termination-Debarment
MAY 2014
52.222-13
Compliance With Construction Wage Rate Requirements and Related Regulations
MAY 2014
52.222-14
Disputes Concerning Labor Standards
FEB 1988
52.222-15
Certification of Eligibility
MAY 2014
52.222-19 (Dev)
Child Labor - Cooperation with Authorities and Remedies (DEVIATION 2020-O0019)
JUL 2020
52.222-20
Contracts for Materials, Supplies, Articles, and Equipment
JUN 2020
52.222-21
Prohibition Of Segregated Facilities
APR 2015
52.222-26
Equal Opportunity
SEP 2016
52.222-27
Affirmative Action Compliance Requirements for Construction
APR 2015
52.222-41
Service Contract Labor Standards
AUG 2018
52.222-50
Combating Trafficking in Persons
JAN 2019
52.223-5
Pollution Prevention and Right-to-Know Information
MAY 2011
52.223-18
Encouraging Contractor Policies To Ban Text Messaging While Driving
JUN 2020
52.225-13
Restrictions on Certain Foreign Purchases
JUN 2008
52.227-1
Authorization and Consent
JUN 2020
52.228-11
Pledges Of Assets
AUG 2018
52.228-15
Performance and Payment Bonds--Construction
JUN 2020
52.232-1
Payments
APR 1984
52.232-5
Payments under Fixed-Price Construction Contracts
MAY 2014
52.232-23 Alt I
Assignment of Claims (May 2014) - Alternate I
APR 1984
52.232-27
Prompt Payment for Construction Contracts
JAN 2017
52.232-33
Payment by Electronic Funds Transfer--System for Award Management
OCT 2018
52.233-3
Protest After Award
AUG 1996
52.236-2
Differing Site Conditions
APR 1984
52.236-3
Site Investigation and Conditions Affecting the Work
APR 1984
52.236-5
Material and Workmanship
APR 1984
52.236-6
Superintendence by the Contractor
APR 1984
52.236-7
Permits and Responsibilities
NOV 1991
52.236-8
Other Contracts
APR 1984
52.236-9
Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-10
Operations and Storage Areas
APR 1984
52.236-12
Cleaning Up
APR 1984
52.236-13
Accident Prevention
NOV 1991
52.236-13 Alt I
Accident Prevention (Nov 1991) - Alternate I
NOV 1991
52.236-14
Availability and Use of Utility Services
APR 1984
52.236-16
Quantity Surveys
APR 1984
52.236-17
Layout of Work
APR 1984
52.236-26
Preconstruction Conference
FEB 1995
52.237-2
Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
52.242-14
Suspension of Work
APR 1984
52.243-1
Changes--Fixed Price
AUG 1987
52.243-5
Changes and Changed Conditions
APR 1984
52.246-21
Warranty of Construction
MAR 1994
52.249-4
Termination For Convenience Of The Government (Services) (Short Form)
APR 1984
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
252.211-7008
Use of Government-Assigned Serial Numbers
SEP 2010
252.223-7006
Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials
SEP 2014
252.223-7008
Prohibition of Hexavalent Chromium
JUN 2013
252.225-7051
Prohibition on Acquisition of Certain Foreign Commercial Satellite Services.
DEC 2018
252.227-7003
Termination
AUG 1984
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
DEC 2018
252.232-7010
Levies on Contract Payments
DEC 2006
252.233-7001
Choice of Law (Overseas)
JUN 1997
252.236-7000
Modification Proposals-Price Breakdown
DEC 1991
252.236-7001
Contract Drawings, and Specifications
AUG 2000
252.243-7001
Pricing Of Contract Modifications
DEC 1991
252.244-7000
Subcontracts for Commercial Items
JUN 2013
252.246-7003
Notification of Potential Safety Issues
JUN 2013
252.246-7004
Safety of Facilities, Infrastructure, and Equipment for Military Operations
OCT 2010
52.203-19PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)
(a) Definitions. As used in this clause--
"Internal confidentiality agreement or statement" means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.
"Subcontract" means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.
"Subcontractor" means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.
(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).
(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.
(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(e) In accordance with 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) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.
52.204-19INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)
The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

(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), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of clause)

52.209-1QUALIFICATION REQUIREMENTS (FEB 1995)
(a) Definition: "Qualification requirement," as used in this provision, means a Government requirement for testing or other quality assurance demonstration that must be completed before award.
(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.
(Name)
(Address)
(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 in 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 the 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 requirement 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.
52.211-10COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
The Contractor shall be required to (a) commence work under this contract within 7 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 90 days. The time stated for completion shall include final cleanup of the premises.

*The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $ [Contracting Officer insert amount] for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-O0021) (AUG 2020)

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

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (OCT 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 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 $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

(viii) 52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (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 (Mar 2015) (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 Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Act 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 (DEC 2015).

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

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(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.

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (DEVIATION 2020-O0008) (MAR 2020)

(a) Definitions. As used in this clause— “HUBZone small business concern” means a small business concern, certified by the Small Business Administration (SBA), that appears on the List of Qualified HUBZone Small Business Concerns maintained by the SBA (13 CFR 126.103).

“Similarly situated entity” means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(b) Evaluation preference.

(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except—

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs (e) and (f) of this clause do not apply if the Offeror has waived the evaluation preference.

__ Offeror elects to waive the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, a HUBZone small business concern agrees that, in the case of a contract assigned a NAICS code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. Other direct costs are excluded to the extent they are not the principal purpose of the contract and cannot be obtained from small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count toward the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable requirements specified in paragraph (e) of this clause.

(g) Nonmanufacturer.

(1) Unless SBA has waived the requirements of paragraphs (g)(1)(i) through (iii) of this clause in accordance with 13 CFR 121.1204, a HUBZone small business concern that provides an end item it did not manufacture, process, or produce, shall—

(i) Provide an end item that a small business has manufactured, processed, or produced in the United States or its outlying areas;

(ii) Be primarily engaged in the retail or wholesale trade and normally sell the type of item being supplied; and

(iii) Take ownership or possession of the item(s) with its personnel, equipment, or facilities in a manner consistent with industry practice; for example, providing storage, transportation, or delivery.

(2) For contracts or orders for multiple end items, at least 50 percent of the total value of the contract or order shall be manufactured, processed, or produced in the United States or its outlying areas by small business concerns.

(3) Paragraphs (g)(1) through (2) of this clause do not apply—

(i) To construction or service contracts; or

(ii) When the Offeror waives the evaluation preference.

(h) Notice. The HUBZone small business Offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone Offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAY 2020)

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code assigned to contract number .

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.

[The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it…

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