22Q0199 Solicitation.pdf

PDF 257 KB Posted Sep 1, 2022

Attached to: 55 Gallon Steam Drum Heating Chambers
Solicitation number: W44W9M22Q0199
Issued by: Department of the Army Materiel Command Joint Munitions Command

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SEE ADDENDUM

(No Collect Calls)

W44W9M22Q0199 01-Sep-2022

b. TELEPHONE NUMBER

918-420-7454

8. OFFER DUE DATE/LOCAL TIME

12:00 AM 08 Sep 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W44W9M9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

REGINA L. GIBSON

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SEE SCHEDULE

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

CONTRACTING OFFICE

MCALESTER CONTRACTING OFFICE

1 C TREE ROAD

MCALESTER OK 74501-9002

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W44W9M 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

MCALESTER ARMY AMMUNITION PLANT

RECEIVING DEPT

1C TREE ROAD B8

MCALESTER OK 74501-9002

TEL: 918-420-6695 FAX:

918-420-6536FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

333318

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF26

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W44W9M22Q0199

Section SF 1449 - CONTINUATION SHEET

QUALIFYING STATEMENT

CLIN 1 Purchase Description

Scope

The following document provides the requirements and specifications for 55 steam gallon drum heating chamber.

Applicable Documents

1. Standards and Regulations:

a. DA-PAM 385-64, NEC500

2. Additional Documents Requirements

3. General Requirements This section provides the design specification requirements for 55 gallon drum heating chamber.

a. System shall meet all applicable OSHA standards and regulations.

b. Elimination of pinch points is to be considered during design. Guards and plaques will be added where needed.

c. Ease of maintenance shall be a design consideration for all portions.

d. The design should utilize commercial-off-the-shelf items whenever possible to facilitate repair and replacement of worn and/or damaged parts.

e. All exposed materials shall be coated/painted or made of non-ferrous materials to prevent corrosion.

f. All seams between structural members that are not 100% welded should be sealed using silicone caulking prior to painting.

g. Each system shall be rated for operation in a hazardous environment that corresponds the NFPA 70 Class 1, Div. 1, Group D, and Class 2, Div. 1, Group E, F, and G.

h. Interior dimensions of 29”D x 59”W x 60”H.

i. Low profile entrance, 1/8”.

j. Door at least 40” wide.

k. Will heat 2 drums.

l. Sits flush with floor.

m. Insulated with 3” of 6# density mineral wool.

n. 14 gauge steel exterior.

o. 12 gauge steel interior with a black high temperature finish.

p. Finned tube heat exchanger rated for steam pressure up to 200 psig.

q. 1020 cfm air circulation blower, TEFC, 480V 3 phase.

r. 4” vent with damper.

s. Armstrong temperature control, 104 degrees F to 212 degrees F.

t. Steam trap with strainer.

4. Specific Requirements

This section provides the design specification requirements for 55 gallon drum heating chamber.

a. N/A

5. Installation

Proposal, Reviews, Drawings, Documentation, and Data

6. Prior to Award DETAILED DESCRIPTION REQUIRED PRIOR TO AWARD: MCAAP personnel will validate and verify/approve the offeror’s proposal before award is granted.

To meet this review requirement, the offeror shall submit with their proposal a detailed technical description of each item. The offeror’s description submittal shall account for each one of the required product features located in this qualifying statement. The description shall also clearly portray/describe how each item will function. If qualifying on an “equivalent” basis, proposal should list in detail where the proposed item is equivalent to the model/item requested and any “non-equivalencies” must be explained. Enough information must be provided that the government technical reviewer can verify equivalency. An offeror’s opinion that their product is “equivalent” is not sufficient. If applicable, conceptual drawings that are not detail “as built” drawings should be provided as part of the detailed description. Drawing must provide overall height, width, and length dimensions. It should depict the locations of key components. If there is a picture of the equipment or portions of the equipment, such as from a brochure, then that picture(s) should be included with the data. It is advantageous for the contractor to supply as much data as possible as the government will use this to approve the proposed equipment, as related to this purchase description, for production and/or purchase. Generic statements from the offeror stating they can provide the requested item DO NOT constitute a valid proposal.

7. After Award Reviews

After an award, the contractor shall provide the government with, at minimum, a 30% progress/status update, a 60% progress/status update, a 90% progress/status update, and a notification when the item is shipped. If there are any unforeseen delays the government contract officer should be notified immediately. It is the sole purview of the MCAAP Engineering personnel to waive the necessity of these progress/status updates. The progress/status updates shall take the form of design reviews as necessitated by the procurement type and determined by government personnel. The design resign reviews shall have the minimum listed requirements below:

a. 30% Concept Design Review

A 30% conceptual design review will be held between the contractor and MCAAP personnel within four (4) weeks of award. At the conclusion of the 30% design review the time for a 60% design review should be agreed upon by contractor and government personnel. Contractor shall supply preliminary drawings related to the construction and final assembly as specified by this qualifying statement to the MCAAP Operations Management Planning Division for approval. These drawings should include installation and/or operational envelope dimensions, utility requirements, and connection locations along with any other pertinent data.

If there is a picture of the equipment or portions of the equipment, such as from a brochure, then that picture(s) should be included with the data. It is advantageous for the contractor to supply as much data as possible as the government will use this to approve the proposed equipment, as related to this purchase description, for production and/or purchase. If the design necessitates any equipment the government must procure to support the item in this procurement that would constitute a “long lead time”, the contractor should notify government personnel in this review. This set of the drawings/data shall be in electronic format. The preferred format is Solid Works (.sldprt, .sldasm) format or STEP (.stp) format 3-D data and “.dwg” or “.dxf” for 2-D data if 3-D data is not available. All drawings/data shall be authorized for reproduction and distribution to end users of the equipment.

b. 60% Design Review A 60% design review will be held between the contractor and MCAAP personnel upon the date agreed upon during the 30% design review. Contractor shall supply in-process drawings related to the construction and final assembly as specified by this qualifying statement to the MCAAP Operations Management Planning Division for approval. These drawings should include finalized installation and/or operational envelope dimensions, utility requirements, and connection locations along with any other pertinent data. All equipment the government must procure to support the item in this procurement that would constitute a “long lead time” should be identified at this time. Any changes to the design from the previous review should be incorporated. If there is a picture of the equipment or portions of the equipment, such as from a brochure, then that picture(s) should be included with the data. It is advantageous for the contractor to supply as much data as possible as the government will use this to approve the proposed equipment, as related to this purchase description, for production and/or purchase. This set of the drawings/data shall be in electronic format. The preferred format is Solid Works (.sldprt, .sldasm) format or STEP (.stp) format 3- D data and “.dwg” or “.dxf” for 2-D data if 3-D data is not available. All drawings/data shall be authorized for reproduction and distribution to end users of the equipment.

c. +90% Design Review A 90% design review will be held between the contractor and MCAAP personnel upon the date agreed upon during the 60% design review. Contractor shall supply in-process drawings related to the construction and final assembly as specified by this qualifying statement to the MCAAP Operations Management Planning Division for approval. A 90% design package should only require minimal changes at this point. Examples of this would be cleaning up of drawings, incorporating redlines, and finalizing bill of materials. No changes to the scope should be made at this time. This set of the drawings/data shall be in electronic format. The preferred format is Solid Works (.sldprt, .sldasm) format or STEP (.stp) format 3-D data and “.dwg” or “.dxf” for 2-D data if 3-D data is not available. All drawings/data shall be authorized for reproduction and distribution to end users of the equipment.

8. Acceptance Review Upon shipment of components to MCAAP, an acceptance review by government personnel will be conducted. If the system or its components are found to be unacceptable, those components shall be shipped back to the contractor/manufacturer for repair and/or replacement. It is the sole purview of the MCAAP Engineering personnel to waive the necessity of these reviews.

9. Finalized Drawings and Data The contractor shall provide two (2) complete sets of as-built reproducible drawings/data. The drawings/data shall include, at minimum, the requirements of paragraph above. One (1) complete hard copy set of finalized drawings/data shall be provided with the equipment. The other will be in electronic format. The format m+ust be capable of being read as “.dwg” or “.dxf” for 2-D data and Solid Works (.sldprt, .sldasm) format or STEP (.stp) format for 3-D data. All

10. Operational, Maintenance, and Parts Manuals The contractor shall furnish under this purchase description two (2) sets of operational, maintenance, and parts manuals as necessitated by the equipment.

The manuals shall be specific (not canned statements about the system in general) to the system supplied. There shall be a brief description concerning the purpose of the specific equipment supplied and the rated operating capacities.

The manuals shall contain a complete parts list to include (at minimum) all information necessary (manufacturer’s name, address, phone number, P/N, S/N, size, model number, type, etc.) to re-order the part if necessary. The manuals shall include all preventative maintenance procedures/schedules specific to the equipment supplied. These manuals shall be applicable to the equipment provided only and shall include all safety precautions/warnings associated with the operation. All manuals shall be authorized for reproduction and distribution to end users of the equipment. One (1) set of hard copy versions of the manuals shall be provided with the equipment. One (1) set of the manuals shall be electronic in form (on CD) and must be capable of being read in either a “.pdf” or a “.doc (.docx)” format.

Quality Assurance Provisions

11. Responsibility for Inspection Unless otherwise specified in the contract or purchase description the contractor is responsible for the performance of all inspection requirements specified herein.

Except as otherwise specified the contractor may use their own facilities or any commercial laboratory acceptable to the government. The government reserves the right to witness or separately perform any of the inspections set forth in the purchase description where such inspections are deemed necessary to assure supplies and services conform to prescribed requirements. The contractor shall notify the contracting officer at least 15 working days prior to shipment so a government representative(s) can make arrangements to be present to perform an acceptance inspection if necessary. Final acceptance of the contract shall be the responsibility of the government contracting officer.

12. Quality Management Contractor must show proof of internal quality management system in accordance with MIL-I-45208A, ISO 9001: 2000 or an equivalent quality assurance program. The contractor shall certify and maintain substantiating evidence that the product meets the provided drawing specification, and quality assurance requirements. This includes manufacture and welding requirements.

The manufacturer may use their own inspection facility or any commercial facility agreeable to the government. The government reserves the right to witness the inspections of all components of this system for conformity of specifications.

Warranty

Contractor shall provide a warranty against defective material, parts, and workmanship for a period no less than 1 year from final commissioning date.

CLIN 2 Purchase Description Scope

The following document provides the requirements and specifications for two 55 hot water gallon drum heating chambers.

Applicable Documents

13. Standards and Regulations:

a. DA-PAM 385-64, NEC500

14. Additional Documents Requirements

15. General Requirements This section provides the design specification requirements for one 55 gallon drum heating chamber (two are required for complete package).

u. System shall meet all applicable OSHA standards and regulations.

v. Elimination of pinch points is to be considered during design. Guards and plaques will be added where needed.

w. Ease of maintenance shall be a design consideration for all portions.

x. The design should utilize commercial-off-the-shelf items whenever possible to facilitate repair and replacement of worn and/or damaged parts.

y. All exposed materials shall be coated/painted or made of non-ferrous materials to prevent corrosion.

z. All seams between structural members that are not 100% welded should be sealed using silicone caulking prior to painting.

aa. Each system shall be rated for operation in a hazardous environment that corresponds the NFPA 70 Class 1, Div. 1, Group D, and Class 2, Div. 1, Group E, F, and G.

bb. Interior dimensions of 29”D x 59”W x 60”H.

cc. Low profile entrance, 1/8” threshold.

dd. Door at least 40” wide.

ee. Will heat 2 drums simultaneously.

ff. Internal air temperature will reach 140 degrees F within 24 hours using

240F, 60 psig hot water.

gg. Product sits flush with floor.

hh. Insulated with 3” of 6# density mineral wool.

ii. 14 gauge steel exterior.

jj. 12 gauge steel interior with a black high temperature finish.

kk. Finned tube heat exchanger adapted for use with hot water, 1” NPT fitting.

ll. 1020 cfm air circulation blower, TEFC, 480V 3 phase 60hz.

mm. 4” vent with damper.

nn. Armstrong analogue temperature control with a control range of 104 degrees F - 212 degrees F.

16. Specific Requirements This section provides the design specification requirements for two 55 gallon drum heating chambers.

a. N/A

17. Installation

Proposal, Reviews, Drawings, Documentation, and Data

18. Prior to Award DETAILED DESCRIPTION REQUIRED PRIOR TO AWARD: MCAAP personnel will validate and verify/approve the offeror’s proposal before award is granted.

19. After Award Reviews

d. 30% Concept Design Review

e. 60% Design Review

A 60% design review will be held between the contractor and MCAAP personnel upon the date agreed upon during the 30% design review. Contractor shall supply in-process drawings related to the construction and final assembly as specified by this qualifying statement to the MCAAP Operations Management Planning Division for approval. These drawings should include finalized installation and/or operational envelope dimensions, utility requirements, and connection locations along with any other pertinent data. All equipment the government must procure to support the item in this procurement that would constitute a “long lead time” should be identified at this time. Any changes to the design from the previous review should be incorporated. If there is a picture of the equipment or portions of the equipment, such as from a brochure, then that picture(s) should be included with the data. It is advantageous for the contractor to supply as much data as possible as the government will use this to approve the proposed equipment, as related to this purchase description, for production and/or purchase. This set of the drawings/data shall be in electronic format. The preferred format is Solid Works (.sldprt, .sldasm) format or STEP (.stp) format 3- D data and “.dwg” or “.dxf” for 2-D data if 3-D data is not available. All

f. 90% Design Review A 90% design review will be held between the contractor and MCAAP personnel upon the date agreed upon during the 60% design review. Contractor shall supply in-process drawings related to the construction and final assembly as specified by this qualifying statement to the MCAAP Operations Management Planning Division for approval. A 90% design package should only require minimal changes at this point. Examples of this would be cleaning up of drawings, incorporating redlines, and finalizing bill of materials. No changes to the scope should be made at this time. This set of the drawings/data shall be in electronic format. The preferred format is Solid Works (.sldprt, .sldasm) format or STEP (.stp) format 3-D data and “.dwg” or “.dxf” for 2-D data if 3-D data is not

20. Acceptance Review Upon shipment of components to MCAAP, an acceptance review by government personnel will be conducted. If the system or its components are found to be unacceptable, those components shall be shipped back to the contractor/manufacturer for repair and/or replacement. It is the sole purview of the MCAAP Engineering personnel to waive the necessity of these reviews.

21. Finalized Drawings and Data The contractor shall provide two (2) complete sets of as-built reproducible drawings/data. The drawings/data shall include, at minimum, the requirements of paragraph above. One (1) complete hard copy set of finalized drawings/data shall be provided with the equipment. The other will be in electronic format. The format must be capable of being read as “.dwg” or “.dxf” for 2-D data and Solid Works (.sldprt, .sldasm) format or STEP (.stp) format for 3-D data. All

22. Operational, Maintenance, and Parts Manuals The contractor shall furnish under this purchase description two (2) sets of operational, maintenance, and parts manuals as necessitated by the equipment.

Quality Assurance Provisions

23. Responsibility for Inspection Unless otherwise specified in the contract or purchase description the contractor is responsible for the performance of all inspection requirements specified herein.

24. Quality Management Contractor must show proof of internal quality management system in accordance with MIL-I-45208A, ISO 9001: 2000 or an equivalent quality assurance program. The contractor shall certify and maintain substantiating evidence that the product meets the provided drawing specification, and quality assurance requirements. This includes manufacture and welding requirements.

Warranty

Contractor shall provide a warranty against defective material, parts, and workmanship for a period no less than 1 year from final commissioning date.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each FSC: 3695 Name: SAHARA STEAM HEATER

FFP

SEE QUALIFYING STATEMENTS FOR COMPLETE DETAILS: SAHARA

STEAM HOT BOX MODEL S02-F-CS ***BRAND NAME OR EQUAL****

FOB: Destination

NSN: S02-F-CS:40H3

MILSTRIP: W44W9M224100VF

PURCHASE REQUEST NUMBER: W44W9M224100VF

PSC CD: 3695

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 2 Each FSC: 3695 Name: SAHARA STEAM HEATER

FFP

SEE QUALIFYING STATEMENTS FOR COMPLETE DETAILS: SAHARA

STEAM HOT BOX MODEL S02-RF-CS DESIGNED FOR USE INDOORS.

***BRAND NAME OR EQUAL****

FOB: Destination

NSN: S02-RF-CS:40H3

MILSTRIP: W44W9M224100VG

PURCHASE REQUEST NUMBER: W44W9M224100VG

PSC CD: 3695

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 13-OCT-2022 1 MCALESTER ARMY AMMUNITION

PLANT

RECEIVING DEPT

1C TREE ROAD B8

MCALESTER OK 74501-9002

918-420-6695 FOB: Destination

W44W9M

0002 13-OCT-2022 2 (SAME AS PREVIOUS LOCATION)

FOB: Destination

W44W9M

CLAUSES INCORPORATED BY REFERENCE

52.211-6 Brand Name or Equal AUG 1999 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

NOV 2021

52.212-3 Alt I Offeror Representations and Certifications--Commercial Products and Commercial Services (MAY 2022) Alternate I

OCT 2014

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2021

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

NOV 2021

252.203-7000 Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.211-7003 Item Unique Identification and Valuation MAR 2022 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

APR 2020

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

o Low price, responsible offer.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)

(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 products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (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.)

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

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

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

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

___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C. 657a).

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (13) [Reserved]

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

____ (ii) Alternate I (MAR 2020) of 52.219-6.

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

____ (ii) Alternate I (MAR 2020) of 52.219-7.

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

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (SEP 2021) of 52.219-9.

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

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 657s).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP 2021) (15 U.S.C.

657f).

____ (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (15 U.S.C. 632(a)(2)).

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

____ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (SEP 2021) (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 (SEP 2021) (15 U.S.C. 637(m)).

XX (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

XX (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

XX (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

XX(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2022) (E.O. 13126).

XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

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

____ (ii) Alternate I (JUL 2014) of 52.222-35.

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

____ (ii) Alternate I (JUL 2014) of 52.222-36.

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

____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

XX (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

____ (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

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

(JUN 2016) (E.O. 13693).

____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

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

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O.

13513).

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

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

____ (ii) Alternate I (JAN 2017) of 52.224-3.

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

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (JAN 2021) of 52.225-3.

____ (iii) Alternate II (JAN 2021) of 52.225-3.

____ (iv) Alternate III (JAN 2021) of 52.225-3.

XX (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

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

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

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

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (NOV 2021) 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 products and commercial services: [Contracting Officer check as appropriate.]

_____ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

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

chapter 67).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

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

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

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

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period 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 products or commercial services. 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 (NOV 2021) (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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(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 (JUN 2020) (38 U.S.C. 4212).

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

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

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

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

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

(xiii) _____ (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

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

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

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (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. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause--Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization. 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.

(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…

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