21Q0002 RFQ.docx

Naval Computer and Telecommunications Area Master Station, Atlantic Combined Synopsis and Solicitation Notice Information

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

2. The solicitation number is N7027221Q0002 and is being issued as a Request for Quotes (RFQ).

3. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2010-09 Effective 26 Oct 2020 and DFARS DPN 20200120 (Effective 01 Oct 2020) Edition located on https://www.acquisition.gov

4. The associated NAICS code is 238210 and the associated PSC code is J059 for this procurement:

|_| is not being set-aside for small businesses.

|X| is being set-aside for Small Business. The small business size standard is $16.5 Mil.

5. The SOW below lists the Contract items, quantities and units of measure, inclusive of any applicable options:

STATEMENT OF WORK

FOR

INSTALLATION OF A NEW DC POWER SUPPLY

AT

NAVAL SUPPORT ACTIVITY MILLINTON, TN

1.0 Purpose

The purpose of this Statement of Work (SOW) is to describe actions required to replace an existing DC Power Supply that is beyond its current service life. Furnish, and install a new DC Power Supply or Uninterrupted Power Supply (UPS) with batteries rated at 100 AH at the 8-hour rate in building 776 located on Naval Support Activity Millington, Tn. The project is for the Naval Computer and Telecommunications Station (NCTAMSLANT) Norfolk Base Communications Office (BCO) NSA Millington Tenn. The Contractor will furnish software, materials and/or equipment as described within the SOW providing a turnkey installation as described.

In order to assess the current configuration and provide an accurate cost estimate the government would like to propose that a site visit and or conference video chat be conducted. A site visit would require clearance as described in the SOW.

1.1 Mission Statement

The mission of NCTAMSLANT Millington is to provide Base Communications Services to Navy shore activities and authorized non-Navy activities near Millington TN.

1.2 Contractor’s Site Manager

The Contractor shall provide Project Site Manager’s contact information to the Base Communications Office (BCO). The Contractor Project Manager shall be the Contractor’s primary representative and has the Contractor’s full authority to act on matters pertaining to the installation under this contract.

The Contractor’s Project Manager shall make contact with the BCO and coordinate installation date, time and base access with the BCO.

1.3 Respond to Government Requests for Audit

The Government reserves the right to audit all Contractor operations, customer bills, customer records, logs, and other operational data at any time. The Contractor shall provide documentation upon request from the BCO.

a. All contractor personnel will require a picture ID to gain access to the NSA Millington Complex. Contract personnel shall have a company ID card with picture in plain view at all times when onboard the Complex.

b. All Contractor-owned or private transportation modes to and from the Complex may be subject to search every day, to gain access to the Complex.

c. All Contractor personnel shall sign in and out of in the logbook provided by the Government in the BCO.

2.2 Contractor Personnel and Security Requirements

The Contractor shall provide personnel who are qualified to perform the work described in this SOW. Contractor personnel shall be United States citizens, and shall be able to communicate effectively in English, both orally and in writing.

2.3 Physical Security

a. Some work areas are controlled access areas that require an escort of all Contractor personnel. Approved access shall be, controlled by station Point of Contact (POC) and NCTAMSLANT Security Officer. Prior contact will be required before access to Contractor personnel shall be, granted. A list of any/all Contractor personnel needed on each job shall be, submitted to NCTAMS LANT Security Officer, for validation and submission to station POC for approval, prior to start of work in a controlled access area.

b. All Contractor personnel shall be required to have a company ID card with picture in plain view at all times when onboard the Government facility.

c. All Contractor personnel shall be required to conform to all base regulations, to include; designated routes, parking regulations, base vehicle speed limits, automotive liability insurance, excavation permits, use of cellular, mobile, radio phones, photographing base facilities, infrastructure, restricted areas, and prohibited items.

d. All Contractor-owned or private transportation vehicles entering Government installations shall be subject to search at any time.

e. All Contractor personnel shall be required to sign in and out of the Visitor Logbook provided by the Government in the BCO and all switch area locations.

f. The Contractor shall comply with physical security standards for a Level 2 restricted areas per OPNAVINST 5530.14 and NCTAMSLANTINST 5530.14 (series) for the protection of the BCO and supporting structures and facilities. The contractor shall also comply with Homeland Security Presidential Directive 12 which states:

The implementation of Homeland Security Presidential Directive 12 (HSPD-12) has extended the basic investigative requirement to un-cleared contractors. These persons must, receive under HSPD-12, at least a National Agency Check with Inquiries (NACI) level investigation. Therefore, agency discretion with regard to the investigation of this population is limited.

g. The Contractor shall coordinate with the BCO for access badges and lock and key control for assigned spaces. The NSA Millington BCO maintains access, lock, and key control for all complex buildings. The Contractor shall sign for assigned keys as appropriate, with coordination provided by the BCO.

h. The Contractor shall comply with the host and NSA Millington regulations for obtaining personnel identification and vehicle passes. Certifications of need for access to the base and assigned buildings will be coordinated with the BCO.

i. All Contractor employees shall be, provided a security briefing for controlled site access procedures, key control, and prohibited items in restricted/controlled spaces, and action taken in the event of emergencies (fire, bomb threat, and active shooter) and antiterrorism.

j. During the on-going performance of the contract, if any Contractor personnel identified by the BCO as a potential threat to the health, safety, security, general well-being or operational mission of the installation and its population the Contractor shall take appropriate steps to remove and replace such personnel. The Contractor shall not be, reimbursed for costs associated with such removal, including the costs for replacement of personnel.

2.4 Physical Access

The Contractor shall coordinate with the BCO for access badges and lock and key control for assigned spaces. The NSA Millington maintains access, lock, and key control NCTAMSLANT BCO Millington Building 776. The Contractor shall sign for assigned keys as appropriate, with coordination provided by the BCO.

All Contractor personnel shall comply with NCTAMSLANT – BCO Millington End Office Switch Standard Operating Procedure (SOP) and requirements for restricted areas and scheduling any potential service affecting work during normal working hours:

Normal hours of operations are between 0730 and 1600 Monday through Friday, excluding federal holidays: New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Fourth of July, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, and Christmas Day. All Contractors and Government employees (military/civilian) shall schedule any potential service affecting work (i.e. trunks, switch, etc.) after normal working hours, 24 hours prior to requested service date.

If you do NOT have a DBID Card, the following is required to obtain a DBIDS credential:

· Present a letter or official document from my Government sponsoring organization that provides the purpose for your access.

· Present valid identification, such as a passport or Real ID Act-compliant state driver’s license.

· Present a completed copy of the SECNAV 5512/1 form to obtain your background check.

· Upon completion of the background check, the Visitor Control Center representative will complete the DBIDS enrollment process, which includes your photo, finger prints, base restrictions, and several other assessments; after all this is done, you will be provided with your new DBIDS credential.

· You may now proceed to work.

FOR ADDITIONAL QUESTIONS ABOUT OBTAINING A DBIDS CARD, CONTACT YOUR LOCAL BASE VISITOR CONTROL CENTER OR https://www.cnic.navy.mil/om/dbids.html.

2.6 Access to Federal Facilities

Homeland Security Presidential Directive (HSPD)-12; Policy for a Common Identification Standard for Federal Employees and Contractors, mandates Government-wide standard for secure and reliable forms of identification issued by the Federal Government to its employees and/or Contractors (including Contractor employees) for gaining physical access to Federally controlled facilities and logical access to Federally controlled information systems. HSPD-12 directs the Department of Commerce to develop Federal Information Processing Standards (FIPS) publications to define such a common identity credential. Under this clause, and its implementing directives, Contractor and Contractor employees working at a federally controlled base, facility, or activity performing under this contract shall meet HSPD-12 and FIPS credentialing standards for issuance of the DBIDS Personal Identity Verification (PIV) card.

When access to a base, facility, or activity is required, Contractor employees shall in process with the Navy Command Security Manager prior to start of contract and shall out-process prior to their departure at the completion of the individual’s performance under the contract. In-processing/Out-processing will be coordinated through the COR/ACOR.

To obtain a DBIDS credential and obtain base access; Contractor shall acquire DOD sponsorship via the BCO, have a thorough vetted identity check, to be and have a legitimate reason for base access. Identity checks require a passport or a Real ID Act-compliant state driver's license. Vetting occurs when the identified individual's background check/investigation compared against authoritative criminal justice databases for a favorable adjudicated, and the individual has a letter or official document (Sponsorship Letter or SECNAV Form 5512-1) from the sponsoring organization, which articulates the reason for access. When the above criteria is completed, DBIDs credentials is completed.

2.7 Contractor Suitability Background Investigation Requirements Visit authorization to BCO secure/restricted facilities by non-NCTAMS LANT personnel and equipment changes requires prior approval by the NCTAMS LANT N00SM Security offices.

a. If the government/contractor requestor holds a current security clearance, the visit request, may be submit to the Defense Information System for Security (DISS) to NCTAMS LANT Norfolk SMO #702725.

POC information will be delivered on contract award.

b. If JPAS is not available, the contractor shall submit a Visit Authorization Letter (VAL). The company Facility Security Officer (FSO) must submit a VAL to the government sponsor BCO on company letterhead. On the VAL, the company FSO must clearly identify themselves including name, position/title, contact numbers and email address. For each of the contractors who will actually visiting the BCO secure/restricted facilities the FSO must clearly state the individual(s) work for the company and include the following information:

Email the completed VAL to the BCO Manager to be identified at time of award.

2.9 Denial or Termination of Access

The potential consequences of any requirement under this clause including denial or termination of physical or system access in no way relieves the Contractor from the requirement to execute performance under the contract within the timeframes specified in the contract. Contractors shall plan in time for in processing their employees and Subcontractor employees. The Contractor shall insert this clause in all subcontracts when the Subcontractor is permitted to have unclassified access to a federally controlled facility, federally controlled information system/network and/or to Government information, meaning information not authorized for public release.

2.10 Access to DoD/DoN IT Systems

Access to Department of Defense (DoD)/Department of Navy (DoN) IT Systems is not required under the contract.

2.11 Contractor’s Security Representative

The Contractor shall designate an employee to serve as the Contractor’s Security Representative. Within three (3) workdays after contract award, the Contractor shall provide to the requiring Navy Command Security Manager and the Contracting Officer, in writing, the name, title, address and phone number for the Contractor’s Security Representative. The Contractor’s Security Representative shall be the primary point of contact on any security matter.

2.12 Military and Federal Government Regulations while on Base DOD, DON, U.S. Fleet Forces Command (FLTFORCOM), Naval Network Warfare Command (NAVNETWARCOM), Naval Network and Space Operations Command (NAVNETSPAOPSCOM), NCTAMSLANT, Federal government laws, regulations, and policies apply to Contractor employees while on the premises.

The Contractor shall comply with Federal, State, local and base regulations pertaining to the environment, including but not limited to, water, air, solid waste, and noise pollution.

3.2 OSHA

Compliance with Occupational Safety and Health Administration (OSHA) and other applicable laws and regulations for the protection of employees is exclusively the obligation of the Contractor. Further, the Government will assume no liability or responsibility for the Contractor’s compliance or noncompliance with such requirements, with the exception of the aforementioned responsibility to make corrections according to approved plans of abatement subject to base-wide priorities.

UPS startup must occur after normal working hours (M-F 0730-1600) excluding federal holidays. The BCO will schedule installation during a date and time that will not affect normal business hours operations.

4.2 Extent of Work

This specification covers the requirements to purchase and install in building 776 NSA Millington, a DC Power Supply with off the shelf hardware listed below (or suitable substitution). The project is for the Naval Computer and Telecommunications Station (NCTAMSLANT) Norfolk Base Communications Office (BCO) NSA Millington TN, Pensacola Division. The Contractor will furnish software, materials and/or equipment as described within the SOW providing a turnkey installation as described. The items listed below are suggested and can be substituted with suitable subs as long as the integrity of a turnkey system with the same input/output voltages and amperages are maintained.

· (1)150045748-New GE Infinity S -48VDC Power Plant, 8X Rectifier Positions (75A Maximum Per Slot, Each Slot is Individually Fed), 52 Selectable Distribution Positions. Included LVBD and 7FT Equipment Rack from the Factory. Model NES48-23-AC5H-PS8-DC2E-LVBD-7FTD Plant

· (3) CC109158878-50 A Rectifier, 95-145VAC Input, 48V, 22A Output (Max. 25A @ 40V), 145-175 Linear Output Increase From 22A to 50A, NEO50AC48ATEZ

· (5) CC109170668-Infinity Rectifier/Converter Slot Filler (Full Chassis)

· (1) CC848817635-50FT Alarm Cable for Pulsar Plus Controller

· (10) 407998202-30A Load Break

· (10) CC848808551-100A Load Break, Dual Pole-30A Load Break

· (3) CC109147501-J2008002L007: 100A Battery Disconnect Breaker Assembly Equipped with 10FT of 2 Gage Red and black Wire (Includes Terminal Lugs)

· (3) 850033993-GE 23” Battery Tray. Will Accommodate Up to 210AH VRLA Battery

· (3) CC109142980-QS873A Thermal Probe (A)

· (1) CC109157434-20FT wire Set, (B: Thermal probe to Controller)

· (2) 848719803-5FT Wire Set, (C: Thermal Probe to Thermal Probe)

· (1) 160023260A-Bus kit to add Battery Connections; 4-5/16” on 1” and 6-1/4”-20 on 5/8” connections. (Positive and Negative Buses Included)

· (20) 850021775-2-Pole Bus Adapter, 2X required for Each 2-Pole Breaker (load & Return). 3/8” X 1” lug Space

· (12) TEL12-210F- C&D 12VDC VRLA Batteries, 202AH to 1.75VDC at 8HR rate, High Temp

· (8) 240V, 20A, Power Circuits to Be Provided from Existing Panel board

· System Engineered to provide -48VDC, 100A for 4 Hours.

· New GE Infinity S -48VDC plant to be Installed Either Adjacent to Existing Avaya System or in the Center of the Existing Room to create new potential lineup

· New Plant and Batteries to be Brought Online Prior to Shutdown of Existing System

· All Existing Loads to be Transferred to New DC System Either Kept Online via H-Tap or Shutdown and Transferred to New System

· New DC System Will Require a Reference and Frame ground, Both of Which are Assumed to be Supplied Via H-Tap to Existing ground for Existing DC System

· Existing Avaya DC Power System to be Removed and Disposed

· All Work to Take Place After Normal Business Hours Monday – Friday 7:30 AM to 4:00 PM

· No work to the existing Raised Floors

· Attached Outline Drawing is for Visual Reference Only

· Lead Time of 3-6 Weeks

· Complete all electrical according to the latest edition of the N.E.C. N.F.P.A.-70

· Complete all work in a workmanlike manner.

Once the parts are received, the contractor will make every effort to install the system at the earliest possible date (30 days is requested). THE SHIP TO LOCATION DOES NOT HAVE A DOCK OR FORKLIFT FOR OFFLOADING SO IT IS THE CONTRACTORS RESPONSIBILITY TO MAKE SURE THE UNIT IS DELEVERIED TO THE BUILDING. The delivery personnel will contact the BCO POC at least two (2) workdays prior to delivery so that access to buildings can be arranged. The contractor will provide a minimum of a two-year warranty to cover full parts replacement and all shipping costs.

· Deliver, place and assemble new system in room.

· Install the new DC Power Supply System, including all assembly and interconnections of new equipment.

· Placement and Assembly of the DC Power Supply System in the room.

· Installation of conduit and cable from the closest electrical panel in the room to the input of the UPS as per manufacturer’s specifications.

· De-terminate, remove existing DC Power Supply module and batteries.

· Properly dispose of existing DC Power Supply and batteries.

· A mandatory walk through with BCO personnel is required prior to project kickoff.

· All areas necessary for technicians to complete work in a timely manner shall be accessible.

· The installation dates and times must be coordinated with the BCO. Any down time must be prior coordinated with the BCO.

1. Contractor will provide a start date and a completion date to the BCO in writing upon contract award.

1. The contractor shall complete work no later than 90 days after contract award barring inclement weather.

1. Contractor agrees to all terms and conditions herein, including payment terms and the timely return of Work Completion forms to the BCO after completion of above detailed work.

1. No changes to the above detailed work can occur without properly executed (signed and approved) change order first being in place.

1. Contractor is responsible for the registration in the DBIDS system. This will be required for contractors that do not have CAC cards that require access to the base.

4.2 Sanitation and Cleanliness

The Contractor shall maintain all of its assigned space in a neat, clean, orderly, and sanitary condition. The premises shall be, kept free at all times from accumulations of waste material or debris resulting from work performed under this contract. These areas will be subject to fire safety and health inspections by Government personnel. The Contractor shall be responsible for correcting any violation cited.

4.3 Removal of Materials

All materials deemed hazardous by OSHA, which encountered during Contractor modifications shall be, identified and referred to the BCO. All other materials removed during Contractor modifications shall be, removed by the Contractor and disposed of in accordance with base, state, and local Government statutes.

4.4 Security Police and Fire Protection

The Government will provide security police and fire protection services during the installation period.

5.0 Contractor-furnished Property

The Contractor shall be responsible for the maintenance, repair, and safekeeping of Contractor-owned supplies, materials, and equipment. The government is not responsible for the personal property of Contractor employees from loss, damage, or theft.

6.0 Contractor Requirements

· The contractor shall complete all work as specified in SOW each task order issued by the Government.

· The contractor shall complete work no later than 90 days after contract award barring inclement weather for base contract.

· Contractor shall provide a turnkey system that is operational.

· The Contractor shall complete site preparation as necessary for proper installation and operation of equipment as specified in the Government issued task order.

· The contractor shall provide on-site training to designated Government personnel in the proper use and operation under this contract.

· All Contractor personnel are required to conform to base regulations and concerns:

· Designated routes

· Parking regulations

· Base vehicle speed limits

· Automotive liability insurance

· On base cell phone use

· DBIDS Base Access

WAGE DETERMINATION

The following wage determination, in accordance with the Service Contract Labor Standards, as amended, is hereby incorporated by reference into the contract and compliance with the same as mandatory: WD 2015-4673 (Rev.-12) dtd 05/05/2020

Enterprise-Wide Contractor Manpower Reporting Application (ECMRA)

The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the NCTAMS LANT via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications Transmission (D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY; and

(6) V, Freight and Shipping ONLY.

The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

Provide the Following information with your quote plus any additional information which is applicable to the statement of work. Any items that are not applicable please designate with N/A.

Note for shipping:

The Government requests that shipping costs be incorporated into the price of each item rather than a separate line for total shipping costs. The Government will spread the shipping costs across all lines upon award if quoted as a separate line item.

TOTAL: ___________

Estimated POP if Different than Requested Date____________ Are items being imported? ________ If so, from what country? ____________

Provide the following information with your quote plus any additional information which is applicable to the materials list. Any items that are not applicable please designate with N/A.

Provide any contract numbers for purchase orders in which you have previously performed this work: ______________________________________________.

Firm Fixed Price Total (includes all charges): $__________________________.

Company Name: __________________

CAGE Code: ____________________

DUNS Number: ____________________

Tax Identification Number: _____________________

6. The government intends on awarding a Firm-Fixed Price contract on this requirement.

7. The required delivery and acceptance date is ASAP

8. The provision at FAR 52.212-1, Instructions to Offerors – Commercial applies to this acquisition and is incorporated by reference. The provision is amended as follows:

52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

a. Any inconsistency between FAR Provision 52.212-1 and the Addendum to FAR 52.212-1 shall be solved by giving precedence to the Addendum to FAR 52.212-1.

b. After receipt of quotes the Government may, with or without notice, negotiate with and, if desired, seek quote revisions from as many or as few quoters as it, in its discretion, deems appropriate.

c. The term “offeror” or “offer” as used in FAR 52.212-1 shall be understood to mean “quoter” and “quote,” respectively. Further, the term “award” shall be understood to describe the Government’s issuance of an order.

d. The Government will consider all quotes that are timely received and may consider late quotes. Failure of a quote to address any items required in the submission package may make a quote unacceptable.

e. Paragraph (b) of FAR Provision 52.212-1, Submission of Offers, is amended as follows:

1. Price quote which identifies the requested item(s), unit price inclusive of shipping (if any), and extended price

2. Total Firm Fixed price

3. Any Discount Terms

4. Estimated time of delivery

5. Technical Submission Requirements

a. For Parts/Supply buy, the quote shall contain a description including part number and title for each item listed in the solicitation to allow the Government to verify that the quoted parts match the requirements listed in the requirements schedule.

b. For a Services buy, the quote shall contain all pre-award submission/certification requirements as defined in the statement of work (SOW).

6. Responses to the solicitation are due December 1, 2020. Quotes may be e-mailed to nancy.purvis1@navy.mil. To be considered timely, an E-mail quote must be received in its entirety in the designated E-mail inbox by the due date and time for quote submission. Quotes received after that time will be considered at the Government’s sole discretion. Please reference the solicitation number on your quote.

9. Provision 52.212-2 Evaluation—Commercial Items (Oct 2014) applies to this acquisition.

(a) The Government may award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) technical capability of the item offered to meet the Government requirement;

(ii) price;

Award shall be made to the lowest priced technically acceptable offeror in LPTA solicitations.

To be considered a technically acceptable solution for a parts procurement, the quoted parts shall meet the solicitation requirements including required parts, delivery dates, and terms and conditions stated in the solicitation. To be considered a technically acceptable solution for a service, the quoted service shall meet the solicitation requirements including terms and conditions stated in the solicitation. The quote shall state that all aspects of the technical requirement, including required delivery date and part numbers, can be met.

If utilized, a past performance evaluation will be conducted in accordance with FAR 13.106-2(b)(3)(ii)(C). The Government intends to utilize the Government Wide Past Performance Information Retrieval System (PPIRS) for past performance evaluations as a basis for anticipating successful/unsuccessful performance on this required effort. To be considered acceptable for past performance, a search of the PPIRS must reveal no negative past performance information for the recent and relevant records. In the event there are no recent and/or relevant PPIRS records, the quoter may submit information on recent and relevant subcontracts and/or commercial contracts. If no recent and relevant contracts are available in PPIRS or submitted by the offeror, the quoter’s past performance record shall be considered “unknown.” In the context of acceptable or unacceptable, “unknown” past performance shall be considered “acceptable.” To be considered recent, the effort must either still be in progress or have been completed within the previous three (3) years from date of this draft award notice. To be considered relevant the record should be similar in terms of complexity, scope, and magnitude. “Scope” is defined as experience in areas defined in the SOW. “Magnitude” is defined as the measure of similarity of the volume, dollar value, and/or duration of work actually performed under the quoter’s submitted contracts to the SOW. At the quoter’s discretion, additional past performance information may be submitted with the quote as a supplement to PPIRS. If furnished, this submission will be evaluated in accordance with the procedures described above.

The Government will evaluate quoted pricing for reasonableness utilizing techniques described in FAR 13.106-3.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror by the Government 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.

10. All Offerors must include a completed copy of FAR 52.212-3, Offeror Representations and Certifications – Commercial Items with its offer.

11. Clause 52.212-4 Contract Terms and Conditions – Commercial items, applies to this acquisition.

Offers/quotes submitted in response to this solicitation shall not contain nor be subject to the offeror's/vendor's standard commercial terms and conditions. Any offer/quote submitted in response to this solicitation which includes the offeror's/vendor's standard commercial terms and conditions may be considered a material defect and may be rejected as being non-responsive to the solicitation.

12. Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items, applies to this acquisition along with the following FAR Clauses cited in the clause are applicable.

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

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

(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 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:

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_XX_ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (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).

_XX_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] _XX_ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).

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

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

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_XX_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_XX_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_XX_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

_XX_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_XX_ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

_XX_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_XX_ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

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

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

___ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

___ (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).

___ (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 Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (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.

_XX_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

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

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

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

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

___ (48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_XX_ (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) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_XX_ (57) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (58) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

___ (62) (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.

(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:

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) _XX_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

_XX_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

_XX_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

_XX_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

(e)

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

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

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

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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.

(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

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

(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 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.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xii) (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 E.O. 13627).

(xiii) 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.)

(xiv) 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)

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

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xix) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

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

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the…