23Q0093 RFQ.pdf

SEE ADDENDUM

(No Collect Calls)

N0025323Q0093 23-Aug-2023

b. TELEPHONE NUMBER

360-315-6798

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 01 Sep 2023

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 X 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.

N002539. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

REBECCA JETT

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

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

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

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

NAVAL UNDERSEA WARFARE CENTER

ATTN: REBECCA JETT

REBECCA.JETT@NAVY.MIL

610 DOWELL STREET, BLDG 206

KEYPORT WA 98345

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-C9

CODE15. DELIVER TO CODE N44944 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVAL UNDERSEA WARFARE CENTER

SUBMARINE TORPEDO IMA PH

15TH STREET, BLDG. 440, WESTLOCH NB

EWA BEACH HI 96706-3381

TEL: FAX:

FAX:

TEL: 360-315-6798 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$12,500,000

NAICS:

811310

X

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 OF58

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.

N0025323Q0093

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK

Statement of Work

1.0 Requirements:

1.1 The contractor shall provide all material, equipment/tooling, chemicals, and skilled labor to complete the project in accordance with the tasking listed herein. The contractor is responsible for replacement of any damaged equipment or infrastructure at their own cost. Services will include the cost of Travel (Lodging, Transportation, and Per Diem).

1.2 The maintenance will be provided semi-annually. Government anticipates services needed in January and July but may shift based on schedule of equipment and use. Government will provide as much notice as possible but no less than 10 weeks for contractor to make travel arrangements.

Normal working hours are Monday through Friday 0800-1500 excluding Federal Holidays.

The following Serial Numbers are applicable:

1) Mart Washers: 8587, 8588, and 8710.

2) EQ1s: 8589, 8590

3) Pump Carts: 2455372 and 2449812

1.3 Contractor shall provide the following in support of the Maintenance Service:

3 sets of yearly maintenance items for (3) MART Tornado 40 automated parts washers, (2)

EQ-1 Waste Water Processors and (2) Pump Carts for 3 years:

o Lubriplate 1444 Grease o Mobilith XHP222 Grease o Oil Skimmer Blades o Wash Nozzles o Rinse Nozzles o Turntable Hub Assembly o Suction Tube Filter Brush o Sludge Scrapper Debris Catch Pan Liners o EQ-1 Site Glass Brush o EQ-1 Rinse Nozzles o EQ-1 Filter Paper Rolls o EQ-1 Carbon Filters o EQ-1 Final Polisher Beads Bags o EQ-1 Sight Glass (Every 2 Years) o Pump Cart Quick Disconnect Seal o Door Rollers (6 months)

Tools in support of the maintenance:

o Maintenance Tool Kit and MART Specialty Tools(Volt/amp meter, heating element wrench, torque limiter tools, nickel Teflon tape, silicone and the standard MTS washer tool kit) o Mobile Work Station (Stock) o Grease Guns (Stock) o Safety PPE o Brush and Scotch-Brite Pads o Temperature Gun (Stock) o Lock out – Tag out Kit (Stock) o Training Videos for Parts Washer and EQ-1 Processor (Stock)

On Demand Components in support of normal wear and tear during maintenance will be replaced:

o F Fuses (Stock and 3-100 amp fuses) o Circuit Breakers (Stock) o Wash Cycle Timer (Stock) o ASE / Rinse Timer (Stock) o Relay (Stock) o Air/Water Solenoid(Stock) o Door Limit Switch (Stock) o Temperature Controller (Stock) o Thermocouple (Stock) o Stainless Suction Tube Filter (Stock) o Air Pressure Gauge (Stock) o Air Regulator (Stock) o Rinse Pressure Gauge (1) o Rinse Regulator (Stock) o EQ-1 Lower Reservoir Pump (Stock)

Chemical Package for (3) Parts Washers and (2) EQ-1 Processors in support of 3 yrs o Power Kleen IIIL – (32) 5 gallon container o Power Kleen CR – (36) 1 gallon container o Power Kleen Defoamant – (8) 1 gallon container o Power Kleen Titration Kit (4) o Magic Dust – (2) 52507 50 lbs container & (2) 52717 (50) lbs container o Final Polisher Ion Beads – (Stock) 0.5 cubic foot container

1.4 Maintenance tasks performed at 6 month or yearly intervals (Base Year and Option Years):

Washer Cabinet:

o Inspect overall condition o Report any bent or damaged door seals o Inspect and verify operation of door compression seals o Inspect cabinet for any signs of rust or corrosion (report to end user when replacement is necessary) Door Bearings.

o Inspect upper and lower, verify bearing stops are in place o Tighten locking collars o Lubricate bearings o Replace/Change out door rollers

Automatic Steam Exhaust:

o Verify that the blower motor is working and rotating the correct direction.

o Verify the speed control is functioning properly and set to an appropriate amount to control steam Power Blast Manifold:

o Verify PBM is oscillating o Inspect PBM linkage for wear o Lubricate mono-ball connecting link o Lubricate upper manifold bearing o Inspect and verify motor operation o Check that motor is securely mounted to the mounting plate Wash Nozzles:

o Remove and inspect all nozzles and plugs o Once a year replace nozzles o Power flush the manifold and piping of any build-up o Re-tape and install nozzles to proper alignment o Verify nozzle size

PBM Swivel:

o Inspect the condition of swivel and seal o Lubricate swivel o Inspect the grease relief valve operation

Door Latch and Position Lock:

o Inspect and adjust o Lubricate latch pivot points o Inspect door position latch operation o Verify that door position latch spring is in place and functioning (report to end user when replacement is necessary) Door Limit Switch:

o Inspect and adjust o Test proper shut down of washer when door is opened during cycle

Pump Suction Screen:

o Verify Pump Suction Screen properly installed o Clean the suction screen o Once year at detergent recharge, fully inspect the suction screen for damage and sludge dam. Verify secondary screen is in place (report to end user when replacement is necessary) o Inspect the condition of turntable hub o Verify correct grease type is used.

o Lubricate turntable hub with Lubriplate 1444 o Replace hub yearly

Turntable Drive System:

o Inspect and adjust torque limiter for proper operation o Inspect condition of sprocket o Inspect bearings (report to end user when replacement is necessary) o Lubricate bearings o Inspect motor and gear head for proper operation

Wash Pumps:

o Inspect pump and motor for proper operation, determine the overall condition o Check tightness per ESS030 of mounting bolts o Lubricate pump bearings and pump motor bearings with specified grease o Inspect and check tightness per ESS030 pump coupling

Heating System:

o Inspect and verify control system operation with temperature gun o Verify thermocouple and temperature controller are operating to specifications.

o Inspect the electric heating elements electrical enclosures and water-tight seals are in place o Verify all connections are check tightness per ESS030, inspect wire crimps are in good condition and insulation is in good condition Solution Level Control System:

o Verify float ball and rod are free of debris and build, clean as required with appropriate brush and Scotch-Brite o Verify solution level control is maintaining specified set point o Shut off water supply and clean and inspect water fill strainer o Verify proper operation of waterfill system solenoid valve (report to end user when replacement is necessary) Rinse System:

o Inspect nozzles for clogging and proper orientation o replace nozzles yearly o Verify proper operation of rinse system solenoid valve o Inspect and verify rinse pressure gauge is operating correctly

Oil Skimmer:

o Inspect motor coupling, motor, wheel and verify proper operation o Lubricate disc bearings o Inspect wipers for wear, replace wipers yearly

Sludge Scraper:

o Inspect and adjust sludge scraper drag chain o Inspect drive motor and gearbox for proper operation o Inspect and verify the blade wiper is operating correctly o Lubricate take-up bearing assemblies o Lubricate drive assembly, lubricate wiper pivot points o Once year at detergent recharge inspect bars, pads and shaft components o Inspect debris pan and mesh strainer basket for damage and test valve for drainage o Install new filter paper

Air Lift:

o Inspect and verify the air pressure is set between 5-10 psi. Test operation of regulator o Once year at detergent recharge inspect, clean and realign the air lift nozzles in the reservoir Electrical Control Panel:

o Inspect the inside of the Enclosure for loose components, verify door seal is in good condition and verify electrical ground system is intact o Inspect transformer for proper operation and measure and record output voltage o Verify proper fusing size per specifications and operating properly o Inspect each timer inside enclosure for proper operation and set point o Inspect each control and verify operation o Verify programming of 7-day clock and reprogram as necessary for current washer usage o Check tightness per ESS021 all 3 phase electrical connections in panel to specifications o Measure and record amp draws of the following component: turntable drive, PBM drive, ASE blower motor, sludge scraper, transformer and skimmer Chemical:

o Verify and record the concentration with Power Kleen Titration Kit o Conduct 40 hour maintenance: filtration through EQ-1 Processor (once a year) o Once a Year recharge the washer with new cleaning solution (if applicable - washers must be drained and cleaned by out by end user prior to the arrival of our service engineers onsite)

EQ-1 Processor:

o Inspect the electrical enclosure seal is in good condition and mounting bolts.

o Inspect the mixer motor, shaft, propeller for damage or vibration during operation.

o Inspect process valves seal tight and operate smoothly o Clean and inspect site glass replace every two years o Inspect the lower reservoir pump for proper automatic operation. Adjust float switch as required.

o Inspect the all valves o Inspect the rinse nozzles for proper alignment, clean as required o Inspect EQ-1 wheels and locks for proper operation (report to end user when replacement is necessary) o Clean-out and recharge Ion Exchanger Resin Beads every visit o Replace Carbon Filter every visit

Pump Cart:

o Inspect the chemical resistant hoses for cracks, loose fittings, broken or damaged cam locks (report to end user when replacement is necessary) o Connect air to pump and Verify pump is fully functional, verify pressure regulator controls pump speed o Check diaphragms for leakage (report to end user when replacement is necessary) o Inspect compressed air valve (report to end user when replacement is necessary) o Inspect rubber O-ring on quick connectors (replace once a year) o Inspect carts wheels for proper operation (report to end user when replacement is necessary) Verify daily service task schedule is in place and being completed. Report findings, spare parts consumed and additional parts needing replacement that are not included in the items listed.

Run Test wash cycle of Power Washer and verify proper cycle functioning

1.5 The contractor will submit Condition Found Report in accordance with CDRL A001 identifying all inspected and verified items. The report will advise of any recommended repairs.

1.6 The Contractor will provide refresher MART training and training materials to ensure personnel are up to date on how to utilize and maintain the MART Parts Washer and EQ1s. Up to 20 personnel will be trained annually.

1.7 Upon completion of maintenance, the contractor shall notify the Government POC to demonstrate functional tests ensuring the equipment is fully operational. The Government personnel will perform the functional testing.

1.8 Contractor is responsible for oversight and management of sub-contractors to ensure all requirements of the contract are met. Contractor will provide onsite supervision and engineering guidance of the maintenance process to all sub-contractors.

1.9 NUWC PH IMA will provide access, lay down area, and outages. Lock out/tag out will be The responsibility of the contractor with Government coordination.

1.10 Any hazardous waste generated during the visit will be disposed of by the Government.

1.11 SAFETY: Vendor technicians will have safety shoes, safety glasses and helmet and will use standard approved safety procedures as required. Area will be secured while technician is performing the service. Handling equipment and personnel protective equipment (PPE) shall be provided by the contractor and must be appropriate to ensure safe performance of the project tasks.

Contractor’s personnel and equipment shall comply with applicable local, state, federal and installation laws, safety regulations and procedures

1.12 SECURITY: Contractor and Sub-Contractor employees must have security clearance necessary to enter the Westloch Naval Base. JPAS request for entry shall be submitted at least two weeks prior to arrival for work.

Upon arrival at the base, activity, or IMA, the US Navy has the right to inspect all equipment (truck, trailers, tanks, etc.) to ensure compliance with laws and regulations.

1.13 Personal Electronic Devices are not allowed in this facility. Laptops are permitted only in the IMA secured conference room but must be arranged with Technical POC.

1.14 Technical POC: To be announced at award

1.15 Service to be provided at: N44944, NUWC Det Keyport

Submarine Torpedo IMA Pearl Harbor 15th Street, Bldg 440 Westloch NB Ewa Beach, HI 96706-3381

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2 Each

SEMI-ANNUAL MAINTENANCE SERVICING

FFP

Semi-Annual maintenance servicing for PHIMA MART washer, EQ1, & pump in accordance with (IAW) the Statement of Work (SOW).

Period of Performance is 1 year ADC.

The Government’s Technical POC is to coordinate locations, dates, and times to perform services within the POP and is also responsible for assuring contractor personnel are permitted access to locations needed to perform these services.

Pricing is to include all labor, travel costs, training and materials.

FOB: Destination

PSC CD: J036

NET AMT

0002 2 Lot

MAINTENANCE SUPPLIES

FFP

Maintenance supplies for PHIMA MART washer, EQ1, & pump in accordance with (IAW) the Statement of Work (SOW).

0003 1 Lot

CDRL A001 - CONDITION FOUND REPORT

FFP

Data in accordance with Exhibit A, Data Items A001: Contract Data Requirements Lists, DD Form 1423-1.

(Not Separately Priced)

1001 2 Each

OPTION SEMI-ANNUAL MAINTENANCE SERVICING

FFP

Semi-Annual maintenance servicing for PHIMA MART washer, EQ1, & pump in accordance with (IAW) the Statement of Work (SOW).

Period of Performance is 1 year ADC.

The Government’s Technical POC is to coordinate locations, dates, and times to perform services within the POP and is also responsible for assuring contractor personnel are permitted access to locations needed to perform these services.

Pricing is to include all labor, travel costs, training and materials.

1002 2 Lot

OPTION MAINTENANCE SUPPLIES

FFP

Maintenance supplies for PHIMA MART washer, EQ1, & pump in accordance with (IAW) the Statement of Work (SOW).

This is an Option Item only and in no way are purchased or guaranteed under the resulting contract. Work cannot be started or performed under the Option Items without Option Exercise by the Contracting Officer in accordance with FAR Clause 52.217-9

1003 1 Lot

OPTION CDRL A001 - CONDITION FOUND REPORT

FFP

Data in accordance with Exhibit A, Data Items A001: Contract Data Requirements Lists, DD Form 1423-1.

This is an Option Item only and in no way are purchased or guaranteed under the resulting contract. Work cannot be started or performed under the Option Items without Option Exercise by the Contracting Officer in accordance with FAR Clause 52.217-9

(Not Separately Priced)

2001 2 Each

OPTION SEMI-ANNUAL MAINTENANCE SERVICING

FFP

Semi-Annual maintenance servicing for PHIMA MART washer, EQ1, & pump in accordance with (IAW) the Statement of Work (SOW).

Period of Performance is 1 year ADC.

The Government’s Technical POC is to coordinate locations, dates, and times to perform services within the POP and is also responsible for assuring contractor personnel are permitted access to locations needed to perform these services.

Pricing is to include all labor, travel costs, training and materials.

2002 2 Lot

OPTION MAINTENANCE SUPPLIES

FFP

Maintenance supplies for PHIMA MART washer, EQ1, & pump in accordance with (IAW) the Statement of Work (SOW).

This is an Option Item only and in no way are purchased or guaranteed under the resulting contract. Work cannot be started or performed under the Option Items without Option Exercise by the Contracting Officer in accordance with FAR Clause 52.217-9

2003 1 Lot

OPTION CDRL A001 - CONDITION FOUND REPORT

FFP

Data in accordance with Exhibit A, Data Items A001: Contract Data Requirements Lists, DD Form 1423-1.

(Not Separately Priced)

This is an Option Item only and in no way are purchased or guaranteed under the resulting contract. Work cannot be started or performed under the Option Items without Option Exercise by the Contracting Officer in accordance with FAR Clause 52.217-9

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 0003 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 1 yr. ADC 2 NAVAL UNDERSEA WARFARE CENTER

SUBMARINE TORPEDO IMA PH

15TH STREET, BLDG. 440, WESTLOCH NB

EWA BEACH HI 96706-3381

N44944

0002 1 yr. ADC 2 (SAME AS PREVIOUS LOCATION)

0003 1 yr. ADC 1 (SAME AS PREVIOUS LOCATION)

1001 1 yr. AOE 2 (SAME AS PREVIOUS LOCATION)

1002 1 yr. AOE 2 (SAME AS PREVIOUS LOCATION)

1003 1 yr. AOE 1 (SAME AS PREVIOUS LOCATION)

2001 1 yr. AOE 2 (SAME AS PREVIOUS LOCATION)

2002 1 yr. AOE 2 (SAME AS PREVIOUS LOCATION)

2003 1 yr. AOE 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.211-15 Defense Priority And Allocation Requirements APR 2008 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

MAR 2023

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

DEC 2022

52.217-5 Evaluation Of Options JUL 1990 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

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

MAY 2021

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

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7050 Disclosure of Ownership or Control by the Government of a

Country that is a State Sponsor of Terrorism

DEC 2022

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.227-7015 Technical Data--Commercial Products and Commercial Services

MAR 2023

252.227-7037 Validation of Restrictive Markings on Technical Data JAN 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.246-7003 Notification of Potential Safety Issues JAN 2023 252.246-7006 Warranty Tracking of Serialized Items MAR 2016

252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

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

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be [ ] DX rated order; [ X ] DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION 2023-O0002) (DEC 2022) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision - Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service -

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except -

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate -

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology -

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically -

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern -

(1) Means a small business concern -

(i) Not less than 51 percent of which is owned by one or more service - disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern –

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that -

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by -

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $850,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned -

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern -

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

Women-owned small business concern means a small business concern -

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications - Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that -

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that -

(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Note to paragraphs (c)(8) and (9):

Complete paragraphs (c)(8) and (9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that -

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

[ ___ ] Black American.

[ ___ ] Hispanic American.

[ ___ ] Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

[ ___ ] Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

[ ___ ] Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

[ ___ ] Individual/concern, other than one of the preceding.

(d) Representations required to implement provisions of Executive Order 11246 -

(1) Previous contracts and compliance. The offeror represents that -

(i) It [ ___ ] has, [ ___ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [ ___ ] has, [ ___ ] has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that -

(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs…