41. N32253-23-Q-0002 RFQ.pdf

PDF 2 MB Posted Oct 21, 2022

Attached to: G&L Horizontal Boring Mills Preventive Maintenance Inspection & Remedial Services
Solicitation number: N32253-23-Q-0002
Issued by: Department of the Navy Naval Sea Systems Command

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File	Type	Posted
APPENDIX IV PHNSYIMF OPSEC Contract Requirements (REV 21 MARCH 2022).pdf	PDF	Oct 21, 2022
APPENDIX II Environmental Protection Guidelines for Contractors (REV 16 OCT 2019).pdf	PDF	Oct 21, 2022
APPENDIX III Contractor SecReqs CIA CNIA NWA (REV JUNE 2021).pdf	PDF	Oct 21, 2022
APPENDIX I Safety and Health Work Practices PHNSY IMF (REV 08 July 2021).pdf	PDF	Oct 21, 2022

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SEE ADDENDUM

(No Collect Calls)

N3225323Q0002 20-Oct-2022

b. TELEPHONE NUMBER

(808)473-8000X2198

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 26 Oct 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescr bed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N322539. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MICHELLE E SATO

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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 OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

PEARL HARBOR NAVAL SHIPYARD & IMF

667 SAFEGUARD ST., STE 100,

JBPHH HI 96860-5033

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE N32253 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

PEARL HARBOR NAVAL SH PYARD & MF

MICHELLE E SATO

667 SAFEGUARD ST., STE 100,

JBPHH HI 96860-5033

TEL: (808)473-8000X2198 FAX:

FAX:

TEL: 808-473-8000 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$11,000,000

NAICS:

811310

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 BUS NESS (WOSB)

ELIG BLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF48

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.

N3225323Q0002

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

1 Job

Horizontal Boring Mills Preventive Maint

FFP

Firm Fixed Price Perform annual, on-site, preventive maintenance and repair or replace as needed for two (2) each G&L Horizontal Boring Mills PT 1800 and RT 1250 to a fully operational condition in accordance with the Performance Work Statement.

FIP: NW2253 HD WB HD 2570 V000 000 AAPI

FOB: Destination

PSC CD: J049

NET AMT

OPTION Horizontal Boring Mills Preventive Maint

FFP

OPTION Horizontal Boring Mills Preventive Maint

FFP

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-NOV-2022 TO

31-OCT-2023

N/A PEARL HARBOR NAVAL SHIPYARD &

IMF

MICHELLE E SATO

667 SAFEGUARD ST., STE 100,

JBPHH HI 96860-5033

(808)473-8000X2198

N32253

1001 POP 01-NOV-2023 TO

31-OCT-2024

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-NOV-2024 TO

31-OCT-2025

N/A (SAME AS PREVIOUS LOCATION)

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

Mechanical Systems:

. Replace all railway or way wipers.

. Replace saddle support wipers.

. Replace Hydraulic fluids (supplied by customer) . Replace all filters (hydraulic, chiller, air) . Check and record machine alignments.

. Verify proper operation of any heat exchanger units and advice if cleaning is necessary.

. Without removal of trucks we will inspect the trucks for tracking and contamination.

. Inspect ways for damage, wear, and proper lubrication.

. Check all linear axis for mechanical chucking and skewing.

. Grease all machine components . Verify proper operation of all over-travel limit switches. (If applicable) . Check for proper operation of filter switch alarms.

. Check belts and/or drive couplings on hydraulic and lube pumps.

. Check and adjust all hydraulic pressures.

. Adjust way lube operation pressures and record all final settings in the inspection report.

. Check and adjust transmission and / or headstock lube pressures.

. Visually inspect machine components, i.e., power tracks, hoses, conduits, electrical cables, pressure gauges, etc.

. Check operation and alignment of the tool changer.

. Check Rotary Pallet Changer and Setup Stations (where applicable).

. Check air purge to all linear scales.

. Check and record machine stacking heights.

. Check for mechanical lost motion on all axes.

. Check level of machine with Electronic levels . Geometries square checks.

. Check tool retention using a spindle draw force gauge (where applicable).

. Ball-screw backlash on all axes.

. Check machine zeros adjust if necessary.

. A review meeting with the customer to discuss our findings and the results.

Electrical Systems:

. Verify proper operation of door solenoids in the control cabinets.

. Verify that power on diagnostics pass successfully.

. Verify that all data input peripheral devices are in working order, i.e., disk drive, modem, etc.

. Check and adjust power supply voltages.

. Check performance and response of all axes.

Machine Specific Checks:

HBM’S

. Check rotary table for lost motion.

. Check operation and alignment of the tool changer.

. Check and record machine stacking heights.

. Check spindle keys, taper, and run out using test Arbor.

. Level of machine with Electronic levels with corrections.

. Bed Ways parallel to Z- axis (“Point of the Bar” parallel to W Slide travel). With corrections.

. Check Rotary tabletop to W - ways (16 corner check).

. Edge/Face of Column ways square to Tabletop (Granite Square Checks). With corrections.

. Spindle runouts of O.D. and Taper (using Test Arbor).

. Spindle Sleeve square checks relative to X & Y axes and Y & W (Sweep Arm Checks).

With corrections.

Contractor shall provide a contact phone number and alternate phone number for use during the contract duration. The Contractor shall notify the Technical Point of Contact (TPOC) if any machine covered under this contract cannot be restored to operational status within the contract period. The Contractor shall create complete system backups, prior to and after any configuration changes to hardware or software to ensure no loss of data. All software upgrades, if required, shall be provided. The Contractor shall ensure that upgrades include all applicable software licensing agreements.

3.1.1. Preventive Maintenance Service. The Contractor shall provide on-site preventive maintenance service within the period of performance. The PM visit shall be scheduled with the COR and Shop 31 Supervisor, to avoid disruption to shop operations schedule. Preventive Maintenance Service shall be in accordance with applicable Manufacturer’s Requirements.

3.1.2. Technical Support: The Contractor shall provide technical support via telephone for any authorized adjustments, modifications, maintenance, repair, and application development of equipment operating software (listed in section 2.1). Contractor shall respond to technical support requests within 24 business hours.

3.1.3. Preventive Maintenance Parts. Parts that are replaced as part of the preventive maintenance service are included at no additional cost to the Government. Materials supplied shall be new and not refurbished or reconditioned materials. The Contractor shall ensure that all consumable spare parts will be available for possible use under the terms of this contract. The Contractor shall provide a list of critical parts that will be maintained on-island to the TPOC upon award of contract.

3.2. Software Upgrades. All software upgrades, if required, shall be provided. The

Contractor shall ensure that upgrades include all applicable software licensing agreements. The Contractor shall create complete system backups, prior to and after any configuration changes to hardware or software to ensure no loss of data.

3.3. Reports: The Contractor shall provide an inspection report no later than 1 week after completion of the service. The report shall detail the nature of the work performed, problems identified during preventive maintenance, remedial repair actions, parts or materials replaced, to include part number and prices, any upgrades or modifications, and an assessment of the overall condition of the equipment. The report shall include the name of the technician, date the service was performed, identification and location of the equipment. If a repair cannot be completed during the on-site visit, the Contractor shall provide a report to include the equipment identification, description of the repair needed, the time and costs to accomplish the work.

3.4. Remedial Repairs. Remedial service repair identified during preventive maintenance shall be accomplished if completion of the repair is possible within the period of performance.

3.4.1 Remedial Repair Parts. Parts that are replaced as part of the remedial repair is to be issued on a separate purchase order, and approved by the government. Materials supplied shall be new and not refurbished or reconditioned materials.

3.5. Removal and disposal of replacement parts and materials. Contractor shall transfer replacement parts and materials, to PHNSY & IMF for proper disposal.

3.6. Hazardous Waste and Scrap Metal shall be turned over to PHNSY & IMF. For specific guidance, guidelines, and procedures governing the use and disposal of hazardous material or hazardous waste at PHNSY & IMF, direct all questions to the

TPOC.

3.7. Labor, airfare, lodging, rental car, per diem, shall be included. Travel shall be in accordance with current Department of Defense (DoD) Joint Travel Regulations and Federal Acquisition Regulations (FAR) 31.205-46. Travel receipts shall be provided upon request.

3.8. Photography, photographic equipment, computing and recording devices are prohibited at PHNSY & IMF without prior approval. This includes personal and company cellular phones with camera features. Direct all questions to the TPOC.

3.10. Place of Performance. Pearl Harbor Naval Shipyard, Controlled Industrial Area

(CIA), Shop 31 , Pearl Harbor, Hawaii.

3.11. Period of Performance. All work to be completed within twelve months after award of contract on an annual basis, for the base and two (2) option years.

3.12. Hours of Performance. Normal Hours. All work shall be performed during normal business working hours of 0630 to 1500 hours, daily, Monday through Friday, excluding Federal Holidays. Any work beyond normal business hours, the Contractor must request authorization from the TPOC before performing work.

3.13 Federal Holidays. If a holiday falls on a Saturday, the holiday is observed on the preceding Friday. If a holiday falls on a Sunday, the holiday is observed on the following Monday. Facilities may close due to local or national emergencies, administrative closings, or other Government directed facility closings. PHNSY & IMF typically

5. Government Furnished Property and Services.

5.1. GENERAL: The Government will provide the following:

5.1.1. All reasonably required amounts of electricity for Contractor supplied tooling or test equipment.

5.1.2. Removal and disposal of Hazardous Waste, used lubricants, coolants, and cleaning solutions generated from servicing.

5.1.3. No other property, utilities or services will be provided by the Government.

6. Contractor Qualifications:

6.1. U.S. Citizenship is required for facility access. The Contractor shall provide a manufacturer trained and authorized certified technician and the necessary management and administrative support associated with personnel, to perform annual preventive maintenance services on two (2) each Gidding & Lewis Horizontal Boring Mills. The technician shall have a minimum of ten (10) years of horizontal boring machine maintenance experience and shall provide proof of certification.

6.2. In accordance with current Department of Defense and Homeland Security requirements, performance of all work under this contract is restricted to U.S. citizens. The Contractor shall provide proof of this requirement upon request by the TPOC or COR.

6.3. Contractor personnel shall have a valid driver's license and a vehicle pass for base access. The Government will submit the base access request to JBPHH Security. In accordance with the Security Requirement - Appendix III, the Government will provide escorts as required while in the CIA and CNIA.

6.4. The Contractor must be able to attain and maintain a CIA “green” badge.

6.5. Contractor employees shall clearly identify themselves as a Contractor (i.e. company shirt, badge, company identification) in a visible location on the front of exterior clothing, above the waist, (except when safety or health reasons prevent such placement). Identification badges shall be worn at all times when performing work.

6.6. The Contractor performing services shall be required to comply with all PHNSY&IMF rules, regulations and training that are applicable to conduct, safety, security, and procedures governing site entry and exit. Contractor personnel will be escorted when working in sensitive areas, as required. The TPOC will make arrangements to provide escort service if required.

6.7. Contractor personnel shall not establish an employee-employer relationship with Government personnel under this contract. Contractor personnel shall not manage, supervise, or task Government employees or military personnel. Contractor personnel may not make any commitment to non-Government personnel, including a foreign official, which commits the expenditure of U.S. Government resources.

7. Security Requirements:

7.1. Prior to the start of work, the Contractor shall provide the COR (on company letterhead) a request for access to PHNSY & IMF and include the following information: full name of all personnel working on this contract, Social Security number, date of birth, place of birth, and citizenship. The Contractor shall state that information has been verified and shall have supporting records on file if required for examination.

7.2. The Contractor shall pass a background check to gain access PHNSY & IMF. The Contractor’s employees must be a U.S. Citizen and registered with the Defense Biometric Identification System (DBIDS). The Contractor shall coordinate with the COR to obtain a gate pass at Pass Office. Only those individuals with favorable investigations shall be utilized on this contract. Contractor will coordinate with

Pass Office in the completion of current form SECNAV 5512/1.

7.3. The Contractor shall pass a background check to gain access PHNSY & IMF. The Contractor’s employees must be a U.S. Citizen and registered with the Defense Biometric Identification System (DBIDS). The Contractor shall coordinate with the COR to obtain a gate pass at Pass Office. Only those individuals with favorable investigations shall be utilized on this contract. Contractor will coordinate with

Pass Office in the completion of current form SECNAV 5512/1.

7.4. Contractor personnel must meet the requirements for a “green” unescorted badge for access to areas requiring services related to this contract. Contractor will coordinate with PHNSY Security Office at in the completion of Visit Request for Pearl Harbor Naval Shipyard current form PH-SYD 5512/28.

7.5. Security Requirements: This contract does not require a security clearance level and clearance granted by the Defense Security Service (DSS). Contractor shall comply with Security requirements specified in Appendix III.

8. Attachments:

APPENDIX I – SAFETY AND HEALTH WORK PRACTICES FOR CONTRACTORS

WORKING WITH PEARL HARBOR NAVAL SHIPYARD AND INTERMEDIATE

MAINTENANCE FACILITY (PHNSY & IMF) (REV 8 JULY 2021)

APPENDIX II –ENVIRONMENTAL PROTECTION GUIDELINES FOR

CONTRACTORS ON FACILITES PROJECTS (REV 16 OCT 2019)

APPENDIX III – CONTRACTOR SECURITY REQUIREMENTS FOR PHNSY & IMF’S

CONTROLLED INDUSTRIAL AREA, CONTROLLED NUCLEAR INFORMATION

AREAS, AND/OR OTHER SENSITIVE AREAS (REV JUN 2021)

APPENDIX IV - PEARL HARBOR NAVAL SHIPYARD & INTERMEDIATE

MAINTENANCE FACILITY OPERATIONS SECURITY (OPSEC) CONTRACT

REQUIREMENTS (REV 21 MARCH 2022)

REQUIREMENT:

Contractors shall meet the requirements of all solicitation and award attachments.

CLAUSES INCORPORATED BY REFERENCE

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror 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

52.204-20 Predecessor of Offeror AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

NOV 2021

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

NOV 2021

52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services

MAY 2022

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.217-5 Evaluation Of Options JUL 1990 52.219-1 Small Business Program Representations SEP 2021 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020

52.219-28 Post-Award Small Business Program Rerepresentation SEP 2021 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons NOV 2021 52.222-55 Minimum Wages for Contractor Workers Under Executive

Order 14026

JAN 2022

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.223-20 Aerosols JUN 2016 52.223-22 Public Disclosure of Greenhouse Gas Emissions and

Reduction Goals -- Representation.

DEC 2016

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

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 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022

252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

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

Prohibition on Fees and Consideration

APR 2020

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

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--

(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);

(ii) For covered services--

(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)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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”.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

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.

ADDENDUM TO FAR 52.212-1

This is a Request for Quotation (RFQ) that will result in the award of a Firm Fixed Price (FFP) contract for Giddings and Lewis (G&L) Horizontal Boring Mills Preventive Maintenance Inspection and Remedial Services.

Estimates of any kind will not be accepted.

The acquisition described in this solicitation is solicited as 100% Small Business Set-aside.

In order to evaluate Technical Capability, the Offeror is required to submit a written technical proposal that clearly demonstrates thorough knowledge and understanding of, and approach to, accomplishing the Performance Work Statement (PWS) and solicitation documents and requirements.

All firms or individuals responding must be registered with the System for Award Management (SAM) (https://www.sam.gov/) by the award date. The solicitation and incorporated provisions and clauses are in effect through Federal Acquisition Circular (FAC) 2022-08, DFARS 09/22/2022, and NMCARS 18-22.

If an Offeror is registered in SAM, they must state whether 52.212-3 is current in SAM. If not current, the Offeror must fill and submit 52.212-3 with the price package and all forms listed below.

Additionally, Offerors are to fill out, sign and submit to the primary and secondary Government Points of Contact:

52.204-24 52.204-26 52.222-48

Instructions for Submission of Offers:

As part of the price package, the Offeror shall submit the SF 1449 with blocks 17a., 30a., 30b. and 30c. completed.

Submission of a signed and dated offer to the Government constitutes agreement and acceptance of the solicited terms and conditions.

The Offeror is to fill out the unit price and total amount for each individual CLIN (0001-2001) in the solicitation document (Standard Form 1449).

The quote should clearly indicate the total quote price and provide a price breakdown to include, but not limited to, labor hours, labor rates per hour, travel, per diem, etc. in order to provide sufficient detail of how the price quote was derived.

Labor, travel and materials for preventive maintenance shall be included. Travel, airfare, lodging, rental car, and per diem shall be in accordance with current Department of Defense Joint Travel Regulations (JTR) and Federal Acquisition Regulations (FAR) 31.205-46. Travel receipts shall be provided upon request.

The Government may revise the solicitation at any time by means of an Amendment. All Offerors are to acknowledge the solicitation and any amendments. It is an Offeror’s responsibility to ensure it is accessing the Government Point of Entry (GPE) website, https://www.sam.gov/, to view potential amendments and procurement notifications for this solicitation.

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

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

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

(ii) In accordance with the Performance Work Statement (PWS), whoever has the lowest price technically acceptable and that price is determined fair and reasonable.

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

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

ADDENDUM TO FAR 52.212-2

1. EVALUATION

a. Basis for Contract Award

This evaluation is conducted in accordance with (IAW) Federal Acquisition Regulation (FAR) 13, Simplified Acquisition Procedures, as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS), and the Navy Marine Corps Acquisition Regulation Supplement (NMCARS). These regulations are available electronically at the Federal Acquisition Regulation website, https://www.acquisition.gov/. A contract may be awarded to the contractor who is deemed responsible IAW FAR 9.1, whose technical approach is deemed acceptable IAW the PWS, and whose price is determined fair and reasonable.

Factor 1 – Technical Capability. Technical capability will be evaluated by Table 1 – Technical Ratings table below. If the Offeror is deemed Unacceptable, then the price factor will not be evaluated.

TABLE 1- TECHNICAL RATINGS

RATING DESCRIPTION

Acceptable Quote meets the requirements of the solicitation and clearly demonstrates thorough knowledge and understanding of, and approach to, accomplishing the PWS.

Unacceptable Quote does not meet the requirements in the solicitation or does not clearly demonstrate thorough knowledge and understanding of, and approach to, accomplishing the PWS.

Factor 2 – Price. Those Offerors with a technical capability of “Acceptable” will then be evaluated for total price reasonableness in accordance with the FAR. Based on all quotations received, the lowest price technically acceptable Offeror will be selected.

b. Solicitation Requirements, Terms and Conditions

Contractors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as factors. Failure to comply with the terms and conditions of the solicitation may result in the contractor being ineligible for award. Contractors must clearly identify any exception to the solicitation terms and conditions and must provide complete supporting rationale. The Government reserves the right to determine any such exceptions unacceptable.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022)

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. 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 the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and 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 $750,000 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 the stock of which 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 its stock is owned by one or more women; or

(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…

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