3.05_Sol_Amendment0001_22229-0065.pdf

NSN 7540-01-152-8070

PREVIOUS EDITION UNUSABLE Prescribed by GSA

FAR (48 CFR) 53.243

STANDARD FORM 30 (REV. 10-83)

(a) By completing Items 8 and 15, and returning ____ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDG- MENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

30-105

(If required)

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

tended.

is not ex-is extended,

12. ACCOUNTING AND APPROPRIATION DATA

(Organized by UCF section headings, including solicitation/contract subject matter where feasible.)14. DESCRIPTION OF AMENDMENT/MODIFICATION appropriation date, etc.)

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

(Signature of Contracting Officer)

(Specify authority)

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES

10A. MODIFICATION OF CONTRACT/ORDER NO.

(SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.(No., street, county, State and Zip Code)8. NAME AND ADDRESS OF CONTRACTOR

6. ISSUED BY

PAGE OF PAGES1. CONTRACT ID CODE

3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO.

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

IN ITEM 10A.

THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO:

SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

(such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

(Specify type of modification and authority)D. OTHER

BY(Signature of person authorized to sign)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

CODE FACILITY CODE

CODECODE

(Type or print)16A. NAME AND TITLE OF CONTRACTING OFFICER

16B. UNITED STATES OF AMERICA

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

15B. CONTRACTOR/OFFEROR

15A. NAME AND TITLE OF SIGNER (Type or print)

(SEE ITEM 13)

(If applicable)5. PROJECT NO.4. REQUISITION/PURCHASE REQ. NO.

7. ADMINISTERED BY (If other than Item 6)

16C. DATE SIGNED15C. DATE SIGNED

Contractor is not, is required to sign this document and return ____ copies to the issuing office.

10B. DATED

9B. DATED

E. IMPORTANT:

1 15

0001 2023 MAR 20 22229-0065 (FMS )

N00104

NAVSUP WEAPON SYSTEMS SUPPORT MECH

5450 CARLISLE PIKE

MECHANICSBURG, PA 17050-2411

CREATOR OFC CD: N7M2.17

N00104-23-R-XA55

X

2023 FEB 10

X X

THE HOUR AND DATE SPECIFIED FOR RECEIPT OF OFFERS IS EXTENDED TO 4:30 PM LOCAL TIME ON 2023 APR 27.

SEE NEXT PAGE

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NOTE:

Clauses added/deleted

Sol closing date extended.

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PART I - THE SCHEDULE

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

CLAUSE WSSTERMBZ04 IS DELETED

PART I - THE SCHEDULE

SECTION F

DELIVERIES OR PERFORMANCE

CLAUSE 52.211-8 IS DELETED

CLAUSE 52.211-9 IS INCORPORATED

52.211-9

DESIRED AND REQUIRED TIME OF DELIVERY (JUNE 1997)

(a) The Government desires delivery to be made according to the following schedule:

DESIRED DELIVERY SCHEDULE

(Contracting Officer insert specific details)

Within Days After Date

Item No. Quantity of Contract <LLTRL6229, LLTRL6230, LLTRL6231, LLTRL6232, LLTRL6233, LLTRL6234, LLTRL6235, LLTRL6236> <20, 20, 20, 20, 20, 20, 2000, 40> <180 days>

If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer, propose a delivery schedule below. However, the offeror's proposed delivery schedule must not extend the delivery period beyond the time for delivery in the Government's required delivery schedule as follows:

REQUIRED DELIVERY SCHEDULE

(Contracting Officer insert specific details)

Within Days After Date

Item No. Qunatity of Contract

Offers that propose delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. If the offeror proposes no other delivery schedule, the desired delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

Within Days After Date

Item No. Quantity of Contract

(b) Attention is directed to the Contract Award provision of the solicita tion that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract.

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52.211-9 (CONT)

DESIRED AND REQUIRED TIME OF DELIVERY (JUNE 1997)

The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day the award is dated. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

( < > ) ALTERNATE I (Apr 1984). If the delivery schedule is expressed in terms of specific calendar dates or specific periods and is based on an assumed date of award, the contracting officer may substitute the following paragraph (b) for paragraph (b) of the basic clause. The time may be expressed by substituting "on or before";

"during the months _____________"; or "not sooner than _____________________, or later than _________________" as headings for the third column of paragraph (a) of the basic clause.

(b) The delivery dates or specific periods above are based on the assumption that the Government will make award by < > (Contracting Officer insert date). Each delivery date in the delivery schedule above will be extended by the number of calendar days after the above date that the contract is in fact awarded. Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror results in a binding contract. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails.

( < > ) ALTERNATE II (Apr 1984). If the delivery schedule is expressed in term s of specific calendar dates or specific periods and is based on an assumed date the contractor receives notice of award, the contracting officer may substitute the following paragraph (b) for paragraph (b) of the basic clause. The time may be expressed by substituting "within days after the date of receipt of a written notice of award" as the heading of the third column of paragraph (a) of the basic clause.

(b) The delivery dates or specific periods above are based on the assumption that the successful offeror will receive notice of award by < > (Contracting Officer insert date). Each delivery date in the delivery schedule above will be extended by the number of calendar days after the above date that the Contractor receives notice of award;

provided, that the Contractor promptly acknowledges receipt of notice of award.

( < > ) ALTERNATE III (Apr 1984). If the delivery schedule is to be based on the actual date the contractor receives a written notice of award, the contracting officer may delete paragraph (b) of the basic clause. The time may be expressed by substituting "within days after the date of receipt of a written notice of award" as the heading of the third column of paragraph (a) of the basic clause.

CLAUSE 52.247-29 IS INCORPORATED

52.247-29

F.O.B. ORIGIN (FEB 2006)

CLAUSE 52.247-59 IS INCORPORATED

52.247-59

F.O.B. ORIGIN-CARLOAD AND TRUCKLOAD SHIPMENTS (APR 1984)

CLAUSE 52.247-61 IS DELETED

CLAUSE 52.247-65 IS INCORPORATED

52.247-65

F.O.B. ORIGIN, PREPAID FREIGHT-SMALL PACKAGE SHIPMENTS (JAN 1991)

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PART II - CONTRACT CLAUSES

SECTION I

CONTRACT CLAUSES

CLAUSE 52.248-1 IS INCORPORATED

52.248-1

VALUE ENGINEERING (JUN 2020)

52.248-1 is Incorporated by Refernce (IBR).

If checked, the alternate below applies:

( < > ) Alternate I (APR 1984) If the contracting officer selects a mandatory value engineering program requirement, substitute the following paragraph (a) for paragraph (a) of the basic clause:

(a) General. The Contractor shall (1) engage in a value engineering program, and submit value engineering progress reports, as specified in the Schedule and (2) submit to the Contracting Officer any resulting value engineering change proposals (VECP's). In addition to being paid as the Schedule specifies for this mandatory program, the Contractor shall share in any net acquisition savings realized from accepted VECP's, in accordance with the program requirement sharing rates in paragraph (f) below.

( < > ) Alternate II (JAN 2017) If the contracting officer selects both a value engineering incentive and mandatory value engineering program requirement, substitute the following paragraph (a) for paragraph (a) of the basic clause:

(a) General. For those line items designated in the Schedule as subject to the value engineering program requirement, the Contractor shall (1) engage in a value engineering program, and submit value engineering progress reports, as specified in the Schedule and (2) submit to the Contracting Officer any resulting VECP's. In addition to being paid as the Schedule specifies for this mandatory program, the Contractor shall share in any net acquisition savings realized from VECP's accepted under the program, in accordance with the program requirement sharing rates in paragraph (f) below. For remaining areas of the contract, the Contractor is encouraged to develop, prepare, and submit VECP's voluntarily; for VECP's accepted under these remaining areas, the incentive sharing rates apply. The decision on which rate applies is a unilateral decision made solely at the discretion of the Government.

( < > ) Alternate III (APR 1984) When the head of the contracting activity determines that the cost of calculating and tracking collateral savings will exceed the benefits to be derived in a contract calling for a value engineering incentive, delete paragraph (j) from the basic clause and redesignate the remaining paragraphs accordingly.

CLAUSE 252.215-7002 IS DELETED

CLAUSE 52.215-18 IS DELETED

CLAUSE 52.219-9 IS INCORPORATED

52.219-9

SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2022)

52.219-9 and all its alternates are Incorporated by Reference (IBR).

< > Alternate I (NOV 2016)

<x> Alternate II (NOV 2016)

< > Alternate III (JUN 2020)

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52.219-9 (CONT)

SMALL BUSINESS SUBCONTRACTING PLAN (OCT 2022)

< > Alternate IV (SEP 2021)

CLAUSE 52.209-9 IS INCORPORATED

52.209-9

UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT

2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management via https://www.sam.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments-

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by-

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contract must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. l. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

CLAUSE 252.225-7032 IS DELETED

CLAUSE 52.219-16 IS INCORPORATED

52.219-16

LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (SEP 2021)

CLAUSE 252.225-7025 IS DELETED

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CLAUSE 52.211-15 IS INCORPORATED

52.211-15

DEFENSE PRIORITY AND ALLOCATIONS REQUIREMENTS (APR 2008)

CLAUSE 52.222-40 IS INCORPORATED

52.222-40

NOTIFICATION OF EMPLOYEE RIGTHS UNDER THE NATIONAL LABOR RELATIONS ACT (DEC 201

0)

CLAUSE 52.202-1 IS INCORPORATED

52.202-1

DEFINITIONS (JUN 2020)

CLAUSE 52.223-6 IS INCORPORATED

52.223-6

DRUG-FREE WORKPLACE (MAY 2001)

CLAUSE 252.203-7004 IS DELETED

CLAUSE 52.236-7 IS DELETED

CLAUSE 52.252-2 IS INCORPORATED

52.252-2

CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at the following links:

FAR: www.acquisition.gov DFARS: www.acq.osd.mil/dpap/dars/dfarspgi/current/

The text of all NAVSUP WSS text can be viewed in the solicitation, contract,or can be accessed electronically at:

https://www.navsup.navy.mil/NAVSUP-Enterprise/NAVSUP-Weapon-Systems-Support Provisions-Instructions-and-Contract Under NAVSUP WSS Local Terms.

The text of DoD Class Deviations may be accessed electronically at the following link:

http://www.acq.osd.mil/dpap/dars/class_deviations.html

CLAUSE 52.246-23 IS INCORPORATED

52.246-23

LIMITATION OF LIABILITY (FEB 1997)

CLAUSE 52.247-1 IS INCORPORATED

52.247-1

COMMERCIAL BILL OF LADING NOTATIONS (FEB 2006)

CLAUSE 52.203-10 IS INCORPORATED

52.203-10

PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)

N00104-23-R-XA55 AMEND: 0001 PAGE 8 OF 15

CLAUSE 52.203-5 IS INCORPORATED

52.203-5

COVENANT AGAINST CONTINGENT FEES (MAY 2014)

CLAUSE 52.229-4 IS INCORPORATED

52.229-4

FEDERAL, STATE, AND LOCAL TAXES (STATE AND LOCAL ADJUSTMENTS)(FEB 2013)

CLAUSE 52.203-17 IS INCORPORATED

52.203-17

CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (JUN 2020)

PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS

SECTION J

LIST OF ATTACHMENTS

CLAUSE WSSTERMJZ01 IS INCORPORATED

WSSTERMJZ01

LIST OF AWARD ATTACHMENTS

The documents listed below marked with an "X" are physically included in this contract.

(X) Award/Contract (Standard Form 26) <x> Continuation Sheet (Supply Contract) (Pages 2 thru <5> ) <x> Specifications < > DD Form 1423 < > DD Form 1423 (Back)

(05-01)

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR QUOTERS

CLAUSE 52.203-11 IS INCORPORATED

52.203-11

CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TR

ANSACTIONS (SEP 2007)

CLAUSE 52.215-6 IS INCORPORATED

52.215-6

PLACE OF PERFORMANCE (OCT 1997)

(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, (__) intends, (__) does not intend (check applicable block) to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information.

(b) If the offeror or respondent checks "intends" in paragraph (a) of this provision, it shall insert in the following spaces the required information:

Place of performance (street address, city, state, county, zip code)

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52.215-6 (CONT)

PLACE OF PERFORMANCE (OCT 1997)

Name and address of owner and operator of the plant or facility if other than offeror or respondent

CLAUSE 52.219-1 IS INCORPORATED

52.219-1

SMALL BUSINESS PROGRAM REPRESENTATIONS (DEVIATION 2023-O0002) (DEC 2022)

(a) Definitions. As used in this prvision-- "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 concern eligible under the WOSB Program.

"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 the field of operation, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (b) of this provision.

(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.

"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 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) The North American Industry Classification System (NAICS) code for this acquisition is < > (insert

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52.219-1 (CONT)

SMALL BUSINESS PROGRAM REPRESENTATIONS (DEVIATION 2023-O0002) (DEC 2022)

NAICS code).

(2) The small business size standard is < > (insert size standard).

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees if the acquisition-

(i) Is set aside for small business and has a value above the simplified acquisitionthreshold:

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(c) Representations.

(1) 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) (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.

(3) (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 women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The offeror represents as part of its offer that it ( ) is, ( ) is not a joint venture that complies with the requirements of 13 CFR part 127.506(a) through (c). (The offeror shall enter the name and unique entity identifier of each party to the joint venture: ________________________.)

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents as part of its offer 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: _______________________.)

(6) (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.

(7)(Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) 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.

(ii) It ( ) is, ( ) is not a service-disabled veteran-owned joint venture that compplies withthe 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-ownedsmall business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(8)(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 part 126.200(e)(1)); and

(ii) It ( ) is, ( ) is not a HUBZone joint joint venture that complies with the requirements of 13 CFR part 126.616(a) thorugh (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.

(d) Notice. Under 15 U.S.C. 645(d) any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall--

(1) Be punished by imposition of fine, imprisonment, or both

(2) Be subject to administrative remedies, including suspension and debarment; and

(3) Be ineligible for participation in programs conducted under the authority of the Act.

( < > ) ALTERNATE I (Sep 2015). As prescribed in 19.309(a)(2), add the following paragraph (c)(9) to the basic provision:

(c)(9) (Complete if offeror represented itself as disadvantaged in paragraph (c)(2) of this provision.) The

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52.219-1 (CONT)

SMALL BUSINESS PROGRAM REPRESENTATIONS (DEVIATION 2023-O0002) (DEC 2022)

offeror shall check the category in which its ownership falls:

_____ 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.

( < > ) ALTERNATE II (SEP 2021). As prescribed in 19.309(a)(3), substitute the following paragraphs (b) and (c)(1) for paragraphs (b) and (c)(1) of the basic provision:

(b)(1) The North American Industry Classification System (NAICS) codes and corresponding size standards for this acquisition are as follows; the categories or portions these NAICS codes are assigned to are specified elsewhere in the solicitation:

NAICS code Size Standard

(Contracting Officer to insert NAICS codes and size standards).

(2) The small business size standard for a concern that submits an offer, other than on a construction or service acqisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees if the acquisition-

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(c) Representations. (1) The Offeror shall represent its small business size status for each one of the NAICS codes assigned to this acquisition under which it is submitting an offer.

NAICS code Small Business concern (yes/no)

(Contracting Officer to insert NAICS codes.)

CLAUSE 252.225-7020 IS DELETED

CLAUSE 52.222-22 IS INCORPORATED

52.222-22

PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

The offeror represents that--

(a) It ( ) has, ( ) has not participated in a previous contract or subcontract subject the Equal Opportunity clause of this solicitation;

(b) It ( ) has, ( ) has not filed all required compliance reports; and

N00104-23-R-XA55 AMEND: 0001 PAGE 12 OF 15

52.222-22 (CONT)

PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards.

CLAUSE 52.222-25 IS INCORPORATED

52.222-25

AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

The offeror represents that--

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

(b) It ( ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

CLAUSE 252.209-7002 IS DELETED

CLAUSE 252.247-7022 IS DELETED

CLAUSE 52.222-38 IS INCORPORATED

52.222-38

COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS (FEB 2016)

CLAUSE 52.203-2 IS INCORPORATED

52.203-2

CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)

(a) The offeror certifies that--

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to--

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered;

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory--

(1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) above; or

(2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision______________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraphs (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

CLAUSE 252.215-7009 IS DELETED

N00104-23-R-XA55 AMEND: 0001 PAGE 13 OF 15

CLAUSE 252.204-7016 IS DELETED

CLAUSE 52.204-5 IS INCORPORATED

52.204-5

WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (OCT 2014)

(a) Definition. "Women-owned business concern," as used in this provision, means a concern 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 its stock is owned by one or more women; and whose mnagement and daily business operations are controlled by one or more women.

(b) Representation. |Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.~ The offeror represents that it ( ) is a women-owned business concern.

CLAUSE 52.209-11 IS INCORPORATED

52.209-11

REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY

CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that -

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that-

(1) It is ( ) is not ( ) a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is ( ) is not ( ) a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION L

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR QUOTERS

CLAUSE 52.215-20 IS INCORPORATED

52.215-20

REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED C

OST OR PRICING DATA (NOV 2021)

(a) Exceptions from certified cost or pricing data.

(1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following paragraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial product and commercial service exception. For a commercial product and commercial service exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include --

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate

N00104-23-R-XA55 AMEND: 0001 PAGE 14 OF 15

52.215-20 (CONT)

REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED C

OST OR PRICING DATA (NOV 2021)

pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketpl ace.

(b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies;

(1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

(2) As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts),the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by

FAR 15.406-2.

< > Alternate I (Oct 2010). As prescribed in 15.408(1)(and see 15.403(b)(1)), substitute the following paragraph (b)(1) for paragraph (b)(1) for paragraph (b)(1) of the basic provision:

(b)(1) The offeror shall submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in the following format. < > (Insert description of the data and format that are requried, and include access to records necessary to permit an adequate evaluation of the proposed price in accordance with 15.408, Table 15-2, Note 2. The description may be inserted at the time of issuing the solictation, or the Contracting Officer may specify that the offeror's format will be acceptable, or the description may be inserted as the result of negotiations.:

< > Alternate II (Oct 1997). As prescribed in 15.408(1), add the following paragraph (c) to the basic provision:

(c) When the proposal is submitted, also submit one copy each to:

(1) the Administrative Contracting Officer, and

(2) the Contract Auditor.

< > Alternate III (Oct 1997). Add the following paragraph (c) to the basic provision (if Alternate II is also used, redesignate the following paragraph as paragraph (d)).

(c) Submit the cost portion of the proposal via the following electronic media: < > ¨Insert media format, e.g., electronic spreadsheet format, electronic mail, etc.)

< > Alternate IV (Oct 2010). As prescribed in 15408(i), replace the text of the basic provision with the following:

(a) Submission of certified cost or pricing data is not required.

N00104-23-R-XA55 AMEND: 0001 PAGE 15 OF 15

52.215-20 (CONT)

REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN CERTIFIED C

OST OR PRICING DATA (NOV 2021)

(b) Provide data described below: < > ¨(Insert description of the data and the format that are required, including the access to records necessary to permit an adequate evaluation of the proposed price in accordance with 15.403-3)

CLAUSE 52.252-3 IS INCORPORATED

52.252-3

ALTERATIONS IN SOLICITATION (APR 1984)

Insert the following provision in solicitations in order to revise or supplement, as necessary, other parts of the solicitation that apply to the solicitation phase only, except for any provision authorized for use with a deviation. Include clear identification of what is being altered.

Portions of this solicitation are altered as follows:

CLAUSE 52.211-14 IS INCORPORATED

52.211-14

NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PERPARDENESS, AND ENR

GY PROGAM USE (APRIL 2008)

Any contract awarded as a result of this solicitation will be ( < > ) DX rated order, ( < > ) DO rated order certified for national defense, emergency prepardeness, 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.