B.02_ Solicitation W912ER22R0038.pdf

SEE ADDENDUM

(No Collect Calls)

W912ER22R0038 19-Jul-2022

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

10:00 AM 15 Aug 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W912ER9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

US ARMY CORPS OF ENGINEERS-CETAM-CT

MIDDLE EAST DISTRICT, CETAM-CT

PO BOX 2250

WINCHESTER VA 22604-1450

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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF46

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.

W912ER22R0038

Section SF 1449 - CONTINUATION SHEET

FMF REQUIREMENT

In accordance with Section 42(c) of the Arms Export Control Act, as amended (22 USC §2791(c)), the Foreign Military Financing funds made available for this procurement may not be used to award to other than a United States firm, unless an Offshore Procurement (OSP) determination is made by the Director, Defense Security Cooperation Agency. No OSP determination has been obtained for this procurement. Offers from other than United States firms are ineligible for award. The Government reserves the right, however, to seek an OSP determination at any stage in the procurement, if doing so is in the Government’s best interests.

STATEMENT OF WORK

STATEMENT OF WORK

Procurement of Facility Equipment and Liquid Oxygen Tanks and Parts Case EG-B-HDF

Ras El Tin Naval Base Alexandria, Egypt

1. GENERAL: This contract is for the procurement of facility equipment for the Egyptian Navy located at the Ras-El-Tin Naval Base in Alexandria, Egypt. The list of parts to be procured is attached to this document (reference Appendix A).

The vendor, at the time of the solicitation, shall submit detailed and highlighted specifications for all spare parts/equipment included on Appendix A so that it can be evaluated by the U.S Army Corps of Engineers - Transatlantic Middle East District for compliance to this Statement of Work. This detailed and highlighted specification shall demonstrate compliance with the Statement of Work. All variations to the equipment listed shall be specifically noted and highlighted in the vendor’s proposal during the solicitation. All proposed variations require approval by the Contracting Officer.

Vendors are also to advise if any of the noted equipment parts are obsolete and have been replaced by new parts numbers. These new part numbers, if any, shall be included in the Vendor’s proposal along with the appropriate technical data above.

All spare parts/equipment are to be new, with manufacturer warranties intact. Spare parts that have been used for demonstration purposes, or have been reconfigured, rebuilt, or reconditioned are not acceptable. Current or updated versions of the specified spare parts are to be provided as well.

2. INSPECTION ACTIVITIES:

Vendor shall coordinate an inspection of the equipment prior to pick-up by the designated Freight Forwarder.

Inspection shall be coordinated with the Contracting Officer and the Egypt Program Manager at least three weeks in advance of the inspection. The equipment will be examined by the Egypt Program Manager, or his designee, and, possibly, Host Nation representatives. If acceptable, and found to be in compliance, a DD Form 250 “Material Inspection and Receiving Report” which be signed by the Program Manager will acknowledge acceptance.

3. MANUALS: Any manuals provided by the equipment manufacturer hall be included with delivery.

4. PERIOD OF PERFORMANCE: The Vendor shall order, inspect and have ready for delivery all equipment listed on the attached document within 150 calendar days after contract award.

5. POINTS OF CONTACT:

Contracting Officer:

Joe L Libbey Phone: 540-665-1382 Email: Joe.L.Libbey@usace.army.mil

Contract Specialist:

Craig Carroll Phone: 540-665-6554 Email: Craig.L.Carroll@usace.army.mil

Program Manager:

Keith J. Frye Phone: 540-665-4016 Email: Keith.J.Frye@usace.army.mil

Point of Contact in Egypt:

Emad Abdel Galil Phone: 540-408-9699 Email: Emad.M.Khodeiry.ln@usace.army.mil

6. FREIGHT FORWARDER:

a. Shipping Information dfYoung 7465 Candlewood Road, Suite M Baltimore, MD 21076 USA

POC: Kathla Dornon Kathla.Dornon@dfyoung.com Telephone: 410-684-5242, ext. 400

All NOA’s shall be sent to Ms. Dornon at the above e-mail address.

U.S. manufactured materials and equipment shall be shipped under the following address:

Egyptian Ministry of Defense Egyptian Navy, Alexandria, Egypt FMS Case: EG-B-HDF

b. Packing Information.

The Contractor is responsible for packaging the items in accordance with the Freight Forwarder’s requirements including palletizing and containerizing the items for ease of shipment.

Industry standard is 40” x 48” pallets. Custom pallets are acceptable to fit specific items for shipment but they must be less than 48” x 40.” Items do not have to be palletized but they are more likely to be intact upon arrival of final destination if palletized. Pallets are required if shipping liquids or hazardous materials.

c. The Contractor commences the delivery process by submitting a Notice of Availability (NOA) to both the freight forwarder, dfYoung, and the Middle East District after the DD 250 is signed. Keith J. Frye, or an authorized representative, of the Middle East District, will provide the Document and Mark for numbers to the Contractor for the NOA, as well as sign the DD250 document. NOA forms are available from the Middle East District points of contact listed in this document. Upon receipt of both the NOA and signed DD250, dFYoung will coordinate the pick-up and delivery dates directly with the Contractor. The Contractor and dfYoung will jointly determine the location of pick-up, time, date, etc.

7. CONTRACT LINE-ITEM NUMBER (CLIN) STRUCTURE:

a. CLIN 0001: Procurement of facility equipment. This is a firm fixed price CLIN for line items 01-27 listed under Appendix A.

b. CLIN 0002: Procurement of Liquid Oxygen Tanks and spare parts. This is a firm fixed price CLIN for line items 28-34 listed under Appendix A.

8. DUTIES, TAXES, AND LICENSE FEES:

a. All materials, equipment and supplies that are for use and/or incorporation into the project are exempt from taxes, duties, and license fees under the terms of the Agreement between the Government of the United States and the host Government (Egypt). The Contractor warrants its price for this contract is exclusive of any such charges.

b. If after the date of this contract and except for the provisions of paragraph c. below, the Contractor is required by the host Government to pay any such taxes, duties, or license fees paid directly to the host Government on materials, equipment, and supplies for use and/or incorporation into this project, he shall notify the Contracting Officer in writing. Upon satisfactory proof of the payment of such duties, taxes, or custom fees, the Contractor/Vendor shall seek reimbursement through the Egyptian Finance Ministry/Tax Authority, as the U.S.

Government cannot reimburse contractors or vendors for these costs.

c. Contractor owned or controlled material, equipment and supplies sold or disposed of by the Contractor may be subject to the imposition of local duties and within the Host country taxes. No reimbursement will be made under this clause for such transactions.

9. HOST COUNTRY TAXES AND FEES:

a. The Government of Egypt, its agencies, and political subdivisions shall levy no taxes or fees (including taxes on individual or corporate income or property customs or import duties, and other taxes on employee personal household goods, supplies and personal effects imported into Egypt for personal use) on the Contractor, its subcontractors, the employees of either and the dependents of such employees. This tax exclusion does not apply to the Government of Egypt taxes levied on the purchase of personal household goods, supplies or personal effects or automobiles in Egypt by the employees of the Contractor or employees of its subcontractors. This paragraph does not apply to Egyptian employees of the Contractor or Egyptian subcontractors or their employees.

b. If, notwithstanding the above, taxes, duties or similar charges are imposed by the Government of Egypt, under the excepted circumstances described above, the costs thereby incurred by the Contractor shall be reimbursed in the amount of payment by the host nation. The U.S. Government cannot pay for any host nation-imposed taxes or fees.

10. BUY AMERICAN ACT/BALANCE OF PAYMENTS PROGRAM

In accordance with Section 42(c) of the Arms Export Control Act, as amended (22 USC §2791(c)), the Foreign Military Financing funds made available for this procurement may not be used for procurement outside the United States, unless an Offshore Procurement (OSP) determination is made by the Director, Defense Security Cooperation Agency. No OSP determination has been obtained for this procurement. Accordingly, per DoD 5105.38-M, Chapter 9, Table C9.T8, more than 50% of the dollar value of the FMF contract [or CLIN, when there are multiple FMF cases on a single contract], after subtracting from the total costs the cost of items that the FAR or DFARS exclude from Buy American Act or Balance of Payments Program consideration, must be of U.S. origin. The contractor may not exceed this foreign content percentage during contract performance, unless the Government obtains an OSP determination. If it is determined that the Contractor has used unauthorized content, payments to the Contractor may be reduced by the value of the unauthorized content, or at the Government’s option, the Contractor may be required to remove the unauthorized content at its expense and replace it with authorized content. The Government will require the contractor to periodically provide it with information concerning the foreign content utilized in performing the contract, to allow the Government to ensure compliance with these OSP foreign content rules.

11. SAFEGUARDING OF INFORMATION:

The personnel employed on this contract may, in the performance of their assigned duties, have access to data and information pertaining to location of goods, supplies, parts, equipment, vehicles, and explosives. Knowledge of this nature is considered restricted security information. This information shall be protected and safeguarded against disclosure to any unauthorized person or party and shall be furnished or used on an official "need to know" basis only.

12. CONTRACTOR’S DATA SUBMITTAL REQUIREMENT

As stated in paragraph 1.1 above, the Offeror shall submit technical specifications. If the spec sheet provided contains multiple part numbers, Offerors are to highlight the proposed part to ensure technical compliance with solicitation requirements.

13. OFFSHORE PROCUREMENT REQUIREMENT

In accordance with Section 42(c) of the Arms Export Control Act, as amended (22 USC §2791(c)), the Foreign Military Financing funds made available for this procurement may not be used for procurement outside the United States, unless an Offshore Procurement (OSP) determination is made by the Director, Defense Security Cooperation Agency. No OSP determination has been obtained for this procurement. Accordingly, per DoD 5105.38-M, Chapter 9, Table C9.T8, more than 50% of the dollar value of the FMF contract [or CLIN, when there are multiple FMF cases on a single contract], after subtracting from the total costs the cost of items that the FAR or DFARS exclude from Buy American Act or Balance of Payments Program consideration, must be of U.S. origin. The contractor may not exceed this foreign content percentage during contract performance, unless the Government obtains an OSP determination. If it is determined that the Contractor has used unauthorized content, payments to the Contractor may be reduced by the value of the unauthorized content, or at the Government’s option, the Contractor may be required to remove the unauthorized content at its expense and replace it with authorized content. The Government will require the contractor to periodically provide it with information concerning the foreign content utilized in performing the contract, to allow the Government to ensure compliance with these OSP foreign content rules.

14. CONTRACTOR'S DATA SUBMITTAL SCHEDULE

Spec sheets for the items being procured under Appendix A are to be submitted with proposal (see para 1.1) Completed Attachment 1 Completed Attachment 2

15. ATTACHMENTS

Attachment 1 – Price Worksheet Attachment 2 – CLIN Structure

Appendix A - SOW Equipment Listing

Facilty Equipment Part Number Quanity

1 Motor Balance Machine, Hofmann (US) with polar graphics Model PCX-19.1 1

2 Plasma Machine, Lincoln Electric (US) 3-Phase 208/460 Tomahawk 1000 4

3 Miller Syncrowave 400 Complete Package 951831 2

4 Miller RF 14-foot control 043-554 4

5 Miller XMT 350 CC/CV - Auto Line 3 phase 190-630V 907161 3

6 Miller Dynasty 210 DX 120-480V - 3 phase 951668 2

7 Miller Syncrowave 300 Complete with Wired Foot Pedal 951829 1

8 Miller CP-302 903490 4

9 AFRA, horizontal heavy duty band saw 1-625-200V 1

10 High Pressure Relief Valve Tester HP-6000 RV 1

11 Electric Grinders, Milwaukee, 4" handheld DWE43113 30

12 Pallet Jack: Little Mule (Yale-US) YA55-PT 6

13 Sandblast Machine, Empire (US) Pro-Finish PF-4848 3

14 Portable Hydro Pump: Barbee (US): 3000 psi Model P-203-0-3 3

15 Portable Hydro Pump: Barbee (US): 6000 psi Model P-206-0-3 2

16 Bench Grinders, Baldor (now ABB-US) 1215W 3

17 Vises, Wilton (US) Model C-2 5

18 Hydraulic Press, Dake (US) Model 50H 1

19 Circular Saw, Dewalt 120 V AC (US) DW553B 1

20 Table Saw, Dewalt 120 V AC (US) DWE7491RS 1

21 Atlas Copco (US) air compressor Model GA-11 2

22 Ingersoll Rand (US) 7.5 hp, 80 gallon air compressor Model T-30 1

23 South Bend Turn-Nado EVS with Figor DROs - 21"x120" SB1045PF 1

24 Multi-Purpose, Piranha (US) Model P90 1

25 Birminghman Press Brake Bending Machine Model V-412-6 1

26 Pipe Threading Machine, Rigid (US) 535 Series 1

27 Converter SFC CM3-129 SFCD0100DCW 1

Liquid Oxygen Tanks & Spare Parts (items 28-34)

28 Taylor-Warton Liquid Oxygen Storage Tanks, (square base) HP65-OC15 10

29 Fulltrycook & Vent Connections Globe Value 9464 10

30 Relief Values PRV-9432-T-350 10

31 Pressure Gauges Part# 111.12 10

32 Inter Container Burst Disc Part# OTU 10

33 Daul Pressure Nuilding/Ecoonomizer Regulators Part# PBE-1 10

34 Liquid Level Indicators Part# LE-2-002 10

SPECIAL INSTURCTIONS TO OFFERO

INSTRUCTIONS

1 CONTRACT ADMINISTRATION DATA

2 PAYMENTS

3 CONTRACTOR LIAISON WITH FOREIGN GOVERNMENT

4 INSTRUCTIONS TO OFFERORS

1. CONTRACT ADMINISTRATION DATA

This is a Firm-Fixed-Price supply type contract. The Contracting Officer will administer this contract at the following address:

U.S. Army Corps of Engineers Middle East District Attention: CETAM-CT-S 201 Prince Frederick Drive Winchester, VA 22602

The Contracting Officer is Mr. Joe L. Libbey Phone number: 540-665-1382 E-mail: Joe.L.Libbey@usace.army.mil

2. PAYMENTS

The preferred method of invoicing is electronically. The Contractor must submit signed DD250 Material Inspection and Receiving Report, signed Certificate of Conformance, and currently dated invoices by email to the Contracting Officer Mr. Joe L. Libbey at Joe.L.Libbey@usace.army.mil, Contract Specialist Mr. Craig L. Carroll at Craig.L.Carroll@usace.army.mil and Project Manager Mr. Keith J. Frye at Keith.J.Frye@usace.army.mil.

Payment will be made by electronic funds transfer (EFT) in accordance with Federal Acquisition Regulation (FAR) clause 52.232-33, Payment by Electronic Funds Transfer-Systems for Award Management.

3. CONTRACTOR LIAISON WITH THE GOVERNMENT

All communication by the Contractor with officials, representatives and/or offices of the Government in all matters pertaining to the work to be accomplished under this contract shall be through and in full liaison with the Contracting Officer.

Contracting Officer:

Joe L. Libbey Email: Joe.L.Libbey@usace.army.mil

Contracting Specialist:

Mr. Craig L. Carroll Email: Craig.L.Carroll@usace.army.mil

Project Manager:

Keith J. Frye Email: Keith.J.Frye@usace.army.mil

4. INSTRUCTIONS TO OFFERORS

Basis of Award:

This requirement is Foreign Military Financed (FMF), in accordance with the rules of FMF this requirement can ONLY be awarded to a U.S. owned and operated firm.

Quote Requirements: (SEE FAR Provision 52.212-2 Evaluation Commercial Items for Quote Submittal Requirements)

It is the Contractors responsibility to fully read this solicitation and understand the requirements, terms, and conditions. The Contractor must fill in ALL solicitation clauses which require data to be entered (i.e. fill-in clauses). If the Contractor does not provide the required data in all of the required fill-in clauses the quote will be determined to be non-responsive. If the Contractor does not provide all submittals as requested in this solicitation it will be considered non-responsive. A non-responsive quote will be an unawardable quote.

System for Award Management (SAM):

All Offeror’s submitting a proposal for this solicitation shall be actively registered in the SAM system in accordance with Federal Acquisition Regulation (FAR) Clause 52.204-7 System for Award Management. Offeror’s may register in SAM on the internet at: https://www.sam.gov.

Offerors proposals shall to be submitted electronically by email to the Contracting Officer Mr. Joe L. Libbey Joe.L.Libbey@usace.army.mil and Contract Specialist Mr. Craig L. Carroll Craig.L.Carroll@usace.army.mil in accordance with the solicitation due date and time.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job Navy Facilities Equipment

FFP

This is a Firm-Fixed-Price CLIN for the procurement of facilities' equipment for the Egyptian Navy. Reference items 1-27 on attached Appendix A IAW Scope of Work.

FOB: Destination

PSC CD: 4910

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job Liquid Oxygen Storage Tanks

FFP

This is a Firm-Fixed-Price CLIN for the procurement of liquid oxygen storage tanks and spare parts for the Egyptian Navy. Reference items 28-34 on attached Appendix A IAW Scope of Work.

PSC CD: 4910

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 150 dys. ADC 1 N/A

0002 150 dys. ADC 1 N/A

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020

52.203-7 Anti-Kickback Procedures JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

JUN 2020

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.211-5 Material Requirements AUG 2000 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.229-1 State and Local Taxes APR 1984 52.229-3 Federal, State And Local Taxes FEB 2013 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.229-12 Tax on Certain Foreign Procurements FEB 2021 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.233-3 Protest After Award AUG 1996 52.247-34 F.O.B. Destination NOV 1991 252.225-7021 Trade Agreements--Basic MAR 2022 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.246-7003 Notification of Potential Safety Issues JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN

2020)

(a) Definitions. As used in this clause--

Agency means executive agency as defined in Federal Acquisition Regulation (FAR) 2.101.

Covered Federal action means any of the following actions:

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

Indian tribe and tribal organization have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.

Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

Officer or employee of an agency includes the following individuals who are employed by an agency:

(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.

Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

Recipient includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

State means a State of the United States, the District of Columbia, or an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibition. 31 U.S.C. 1352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal actions. In accordance with 31 U.S.C. 1352, the Contractor shall not use appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of this contract.

(1) The term appropriated funds does not include profit or fee from a covered Federal action.

(2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies, other than Federal appropriated funds, the Government will assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds.

(c) Exceptions. The prohibition in paragraph (b) of this clause does not apply under the following conditions:

(1) Agency and legislative liaison by Contractor employees.

(i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for agency and legislative liaison activities not directly related to this contract. For purposes of this paragraph, providing any information specifically requested by an agency or Congress is permitted at any time.

(ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal action, but that concern--

(A) The qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities; or

(B) The application or adaptation of the person's products or services for an agency's use.

(iii) Providing prior to formal solicitation of any covered Federal action any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(iv) Participating in technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(v) Making capability presentations prior to formal solicitation of any covered Federal action by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub.L. 95-507, and subsequent amendments.

(2) Professional and technical services. (i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(ii) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(iii) As used in paragraph (c)(2) of this clause, ``professional and technical services'' are limited to advice and analysis directly applying any professional or technical discipline (for examples, see FAR 3.803(a)(2)(iii)).

(iv) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.

(3) Only those communications and services expressly authorized by paragraphs (c)(1) and (2) of this clause are permitted.

(d) Disclosure. (1) If the Contractor did not submit OMB Standard Form LLL, Disclosure of Lobbying Activities, with its offer, but registrants under the Lobbying Disclosure Act of 1995 have subsequently made a lobbying contact on behalf of the Contractor with respect to this contract, the Contractor shall complete and submit OMB Standard Form LLL to provide the name of the lobbying registrants, including the individuals performing the services.

(2) If the Contractor did submit OMB Standard Form LLL disclosure pursuant to paragraph (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, and a change occurs that affects Block 10 of the OMB Standard Form LLL (name and address of lobbying registrant or individuals performing services), the Contractor shall, at the end of the calendar quarter in which the change occurs, submit to the Contracting Officer within 30 days an updated disclosure using OMB Standard Form LLL.

(e) Penalties. (1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or who fails to file or amend the disclosure to be filed or amended by paragraph (d) of this clause shall be subject to civil penalties as provided for by 31 U.S.C.1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(2) Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure form.

(f) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.

(g) Subcontracts.

(1) The Contractor shall obtain a declaration, including the certification and disclosure in paragraphs (c) and (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, from each person requesting or receiving a subcontract under this contract that exceeds the threshold specified in FAR 3.808 on the date of subcontract award. The Contractor or subcontractor that awards the subcontract shall retain the declaration.

(2) A copy of each subcontractor disclosure form (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall, at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor, submit to the Contracting Officer within 30 days a copy of all disclosures. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor.

(3) The Contractor shall include the substance of this clause, including this paragraph (g), in any subcontract that exceeds the threshold specified in FAR 3.808 on the date of subcontract award.

(End of clause)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

(a) Definitions. As used in this clause--

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

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:

This Request for Proposal (RFP) will utilize Federal Acquisition Regulation (FAR) Part 13.5 Simplified Procedures for Certain Commercial Items. Price Proposals will be evaluated for balance, completeness, and reasonableness. Award will be made to the lowest price responsible offeror.

This requirement is Foreign Military Financed (FMF), in accordance with the rules of FMF this requirement can ONLY be awarded to a U.S. owned and operated firm.

Technical and past performance, when combined, are All Proposals will be technically evaluated as compared to the Statement of Work (SOW). The technical evaluation will include a comparison of the required documentation as it relates to the SOW. Offerors must furnish descriptive literature as it is needed before award to determine whether the products offered meet the requirements of the Statement of Work (SOW) and to establish exactly what the bidder proposes to furnish.

Descriptive literature means information provided by an offeror, such as cuts, illustrations, drawings, and brochures, that shows a product’s characteristics or explains its operation. The term includes only that information needed to evaluate the acceptability of the product and excludes other information for operating or maintaining the product.

The estimated period of performance for this requirement is to be completed within 150 calendar days after contract award.

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

(End of provision)

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall…