C08.0 N4523A23Q5731 RFQ.pdf

Section Supplies or Services and Price

REQUEST FOR QUOTE INSTRUCTIONS

REQUEST FOR QUOTE (RFQ): Firm Fixed Price Purchase Order N4523A23Q5731

Interim Forklift Lease DEADLINE FOR QUOTE SUBMISSION IS: 2:00PM Pacific Standard Time (PST)

Thursday, July 20nd 2023 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6 and Federal Acquisitions Regulation (FAR) part 12 and 13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

The North American Industry Classification System (NAICS) code for this work is 532490, with a Business Size Standard of $40,000,000.00. This NAICS is for Machinery and Equip. The Product Service Code Class is W039.

Any purchase order resulting from this RFQ will be made based on the evaluation criteria outlined below in FAR Provision 52.212-2 (Evaluation--Commercial Items (NOV 2021)).

Ordering Period: 1 year from Date of Award

Place of Performance: Puget Sound Naval Shipyard and Intermediate Maintenance Facility

Please submit quote to: Katie Lauer, Code 433 contracting office, Puget Sound Naval Shipyard and Intermediate Maintenance Facility (PSNS&IMF) via email at katherine.lauer@navy.mil and Chris Davidson at christopher.t.davidson7.civ@us.navy.mil. All questions can be sent to the above emails.

Offerors shall complete the line item pricing structure in Exhibit A Equipment Price Sheet in addition to any provided quote material in company format. The contract price includes all applicable Federal, state, and local taxes and duties. Award resulting from this RFQ ceiling amount will be $887,800.

Special attention shall be paid to Provision FAR 52.212-2 by the Contractor; In order to be Considered Technically Acceptable for award the offeror must meet all criteria submittals!

Subcontracting Plan Requirements pursuant to FAR clause 52.219-9, shall be submitted with a contractor’s proposal. Small Business Subcontracting Plans (“subcontracting plan”) are required if the contractor is a other than small business which includes all subsidiaries and affiliates, both foreign and domestic.

This solicitation document and incorporated provisions and clauses are those in effect through federal acquisition circular (FAC) 2023-04.

Permits and Licenses: Unless otherwise specified in this contract, the contractor shall obtain any necessary licenses and permits, give all notices, and comply with any applicable Federal, State, County, and municipal laws, codes, and regulations in connection with this requirement.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

CLIN

Number

1 Job UNDEFINED $0.00

Forklift Lease

FFP

Contractor shall provide all materials, parts, labor, and transportation necessary to provide and maintain operational forklifts and per the attached Performance Work Statement (PWS) and Exhibit A Equipment Pricing Sheet FOB: Destination

PURCHASE REQUEST NUMBER: N4523A23RC06S81

PSC CD: W039

MAX

NET AMT

$0.00

Section Descriptions and Specification

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

FORKLIFT RENTAL PERFORMANCE WORK STATEMENT

PUGET SOUND NAVAL SHIPYARD

PART 1

GENERAL INFORMATION

1. GENERAL: This is a non-personal services Firm Fixed Price Indefinite Quantity Indefinite Delivery (IDIQ) contract to provide leasing of various types of forklifts for the government. The Government shall not exercise direct supervision or control over any contractor employees. Notwithstanding, contractor shall ensure employees comply with all requirements of this Performance Work Statement (PWS) and contract.

1.1 Description of Services/Introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform operational lease of forklift rentals as defined in this Performance Work Statement except for those items specified as government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: Puget Sound Naval Shipyard and Intermediate Maintenance Facility (PSNS) is an industrial complex whose mission is to maintain, modernize and retire the Navy fleet with a vision of on-time maintenance, modernization, and retirement of the U.S. Navy’s fleet. The shipyard in Bremerton is the Pacific Northwest's largest naval shore facility and one of Washington State’s largest industrial installations.

In order to accomplish this mission PSNS utilizes a wide array of material handling equipment including several different variations of forklifts. In order to meet the mission’s demand the government must subsidize its inventory of government owned forklifts by leasing additional forklifts.

1.3 Objectives: The requirement is to provide leased forklift services for material movement throughout the installations and aboard ships/boats at Bremerton, Silverdale/Bangor, and Everett, Washington.

1.4 Scope: Leasing of various types of forklifts at the locations listed in paragraph 1.7.1. Services include leasing, transportation, inspection, maintenance, and emergency repair of forklifts.

1.5 Ordering Period: The ordering period shall be for 1 year from the date of award.

1.6 Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.7 Location:

1.7.1 Place of Performance: The work to be performed under this contract will be performed at Puget Sound Naval Shipyard and Intermediate Maintenance Facility Bremerton, Bangor, and Everett or the contractor repair facility. If maintenance/ repair cannot be completed in one day the contractor shall transport the forklift to contractor repair facility to perform work at no additional cost to the government.

1.7.2 Hours of Operation: The contractor is responsible for conducting business, between the hours of 0700-1600 Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons.

The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.7.3 Recognized Holidays: Contractor is not required to perform services on federal holidays. The list of current federal holidays can be found here: https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/

1.8 Security Requirements: Contractor Employees, in order to gain access to the government facility identified in paragraph 1.7.1 to perform work under this contract, shall comply with the Badging and Access Requirements Attachment to the solicitation/contract.

1.8.1 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information, and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.10 Contracting Officer Representative (COR): The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel.

The COR is NOT authorized to change any of the terms and conditions of this contract. Only the warranted Contracting Officer is authorized to make modifications/changes to the terms and conditions of this contract.

If the Contractor believes any Government personnel has effectively issued a change resulting in a change in effort and price/cost of the contract, the Contractor shall immediately notify the Contracting Officer in writing.

CORS:

PRIMARY ALTERNATE

Cady Jimcoily Daniel Austad cadysue.jimcoily.civ@us.navy.mil daniel.f.austad.civ@us.navy.mil 360-340-6552 360-271-0824

1.11 Contract Manager: The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to execution of this contract.

1.12 Identification of Contractor Employees: All contractor personnel working in situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression that they are Government officials. All contractor personnel on a government installation will be required to obtain and wear badges in the performance of this contract.

1.13 Contractor Travel: All contractor personnel will be required to travel from place of business in CONUS to PSNS & IMF Bremerton, Bangor, and/or Everett WA.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. COMMON DEFINITIONS: Per Clause 52.212-4(e), clause 52.202-1 is incorporated by reference to this contract.

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1 Services:

3.1.1 The Government will provide all required government personnel and contracted personnel for forklift operations.

3.1.2 The Government will provide all fuel and personnel/equipment required for forklift refueling.

3.1.3 The Government will perform a pre-operational and post-operational safety inspection of the forklift as part of daily use. If the forklift is defective, needing repair or maintenance or found to be otherwise unsafe it will be removed from service and the contractor will be notified of the forklift status.

3.1.4 The Government will provide crane lifting and handling services as required for the forklifts.

3.1.5 The Government will provide accident reporting services if the forklift is involved in an accident or mishap it will be removed from service and the contractor will be notified of the forklift’s status.

3.2 Equipment: Additional forklift attachments may be onsite or purchased and used by the government with approval from the Puget Sound Naval Shipyard and Intermediate Maintenance Facility Rigging Engineering Branch (PSNS&IMF, Department 700, Code 715). These attachments will be used by qualified personnel in conjunction with OEM permission or a written memorandum from a certified professional engineer in compliance with applicable OSHA and ASME standards.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities, materials and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2 Weigh vehicle(s) prior to delivery and mark (4 inch high black lettering) with the individual weight in pounds on each side of vehicle(s). OEM weight markings are acceptable.

4.3 Provide vehicle(s) that meets, or exceeds, the safety requirements of PART 7 Applicable Publications related to the elements of design, operation, and maintenance, the standardization relating to principal dimensions to facilitate interchangeability, and establishment of test methods and test procedures, for powered and non-powered industrial trucks.

4.4 Accomplish the following prior to delivery and provide written certification of accomplishment upon delivery:

4.4.1 Provide new condition maintenance free battery.

4.4.2 Inspect all hoses and belts for cracks, wear, etc. and replace items that suspect to failure.

4.4.3 Replace the engine oil with new.

4.4.4 Operationally test the vehicle(s) to include all manufacturer safety features and performance criteria.

4.4.5 Ensure all forklifts do not have a spinner knob on steering wheel and the hole plug is installed.

4.4.6 Inspect the vehicle(s) provided, at the time of delivery and before acceptance, with the Contracting

Officer’s Representative (COR) or other authorized government representative.

4.4.7 Document in writing the condition of the vehicle to ensure it meets contract requirements.

Provide a signed copy of the inspection document to the government representative.

Correct any discrepancies noted or replace the delivered vehicle(s) with a compliant unit.

4.5 Inspect the vehicle(s), upon completion of the period of performance and at the time of pick-up, or prior to the return of the vehicle(s) to the contractor for maintenance, repair or replacement during the period of performance, with the authorized Government representative and document any new conditions or damage. Provide a signed copy of the inspection document to the government representative.

4.6 Provide a copy of the manufacturer Operation manual(s), containing detailed operating instructions specific for the vehicle provided to the Contracting Officer’s Representative or designated Government employee.

4.7 Perform any required scheduled maintenance, in accordance with the manufacturer’s maintenance standards, on vehicles provided during the period of performance.

4.7.1 Provide the planned scheduled maintenance schedule, with the contractor’s proposal, and notify the Contracting Officer’s Representative four days in advance of performing maintenance on the vehicle(s), to permit coordination with project workload.

4.7.2 Provide a replacement vehicle, within 24 hours, for any unscheduled repairs required.

4.7.3 Perform lockout/tag-out of vehicle(s) prior to performing maintenance. Notify the Contracting

Officer’s Representative if vehicle(s) maintenance must be performed in a condition not requiring lockout or tag-out conditions.

4.8 Replace inoperative or unsafe vehicles, upon notification by authorized Government representative as specified in technical exhibits 1 and 2.

4.8.1 Supply a manufacturer’s technical representative or ASME certified mechanic to respond on-site as specified in technical exhibits 1 and 2.

4.8.2 Provide the Contracting Officer’s Representative the name, telephone number and/or other contact information to coordinate contact with the contractor’s representative for repair of defective or inoperative equipment.

4.8.3 Coordinate scheduled pick-up of the vehicle(s), at the end of the period of performance, with the

Contracting Officer’s Representative. If the contractor is unable to accomplish pick-up on this date, immediately notify the Contracting Officer’s Representative and provide an alternate date and time of pick-up that is mutually agreeable.

PART 5

SALIENT CHARACTERISTICS OF LIFTING ATTACHMENTS ON FORKLIFTS

5.0. SALIENT CHARACTERISTICS:

5.1 Manufacturer approved lifting attachments for lifting of the forklift that accommodates standard rigging gear

(e.g. shackles, wire rope pendants, etc.) in a simple arrangement (e.g. 4 straight wires to a common pick point directly above the center of gravity) without interference to ensure the pad eyes are loaded in the plane of the pad eye. Each pick point shall be capable of holding ½ of the total weight of the forklift with the impact of sling angles considered. Orientation of lifting attachment points and proposed rigging arrangement shall be such that the pad-eyes are loaded in the plane of the pad-eye ( ±5°) or shall have a professional engineer’s evaluation verifying the pad-eyes ability to support a side-load. Lifting attachment points shall be clearly identified on the equipment or within Original Equipment Manufacturer (OEM) operating manuals.

5.2 The forklift draw bar shall not be used as a lift point.

5.3 Retrofitted, repaired, or modified lifting accessories on these types of machines must comply with section

1926.251(a)(4) of OSHA 29 CFR Part 1926 Subpart H, “Materials, Handling, Storage, Use, and Disposal”.

PART 6

SPECIFIC TASKS

6. SPECIFIC TASKS:

6.1 Basic Services: The contractor shall provide leasing services for forklifts meeting the following specifications:

6.1.1 Specifications for 3 Ton for 6,000 LB net capacity Industrial Forklift

Rated Capacity 5,600 lbs. (minimum) to 6,500 lbs. (maximum)

Load Center 24 inches

Transmission Automatic

Tires Solid (foam filled)

Mast Type: 2 or 3 stage, nested channel

Mast Extended Height: 170” (minimum)

Overall Width 60” (maximum)

Fork Length 48” pallet type

Forks shall have side-shift capability

Fuel Diesel

Parking Brake: Hand/Foot operated

Lights: Brake, front and rear drive lights, work-lights Dash Instruments: Battery discharge, oil pressure, fuel gauge, water temperature, and engine hour meter

Must have manufacturer approved lifting attachments for government crane lifts per PART 5.

6.1.2 Variations of 3 Ton specification

Fork length 72” Pallet Type

6.1.3 Specification for 7 Ton 14,000 LB net capacity Industrial Forklift

Rated Capacity: 13,000 lbs. (minimum) to 16,000 lbs. (maximum)

Load Center 24 inches

Transmission Automatic

Tires: Solid (foam filled)

Mast Type: 2 or 3 stage nested channels to provide maximum visibility of the attachment and load.

Lowered Mast Height: 148” (maximum)

Mast Extended Height: 260” (minimum)

Fork Length: 72” pallet type

Forks shall have side-shift capability

Fork Width: 6” (maximum)

Fork Thickness: 3” (maximum)

Fork Spread: 7” or less for minimum fork spread (inside edge to inside edge), 72” or greater for maximum fork spread (outside edge to outside edge)

Fuel: Diesel, if diesel exhaust fluid (DEF) is required Contractor will fill as required.

Parking Brake: Hand or foot operated

Lights: Brake, front and rear drive lights, work lights

Dash Instruments: Battery discharge, oil pressure, fuel gauge, water temperature, and engine hour meter.

6.1.4 Variation of 7 Ton Specification

Fork length 96” pallet type

6.1.5 Specification for 10 Ton for 20,000LB net capacity Industrial Forklifts

Rated Capacity: 19,000 lbs. (minimum) to 25,000 lbs. (maximum)

Load Center: 24 inch (minimum)

Transmission: Automatic

Mast Type: Nested channels to provide maximum visibility of the attachment and load with minimal obstructions (i.e. chains or flex hoses)

Mast Lowered Height: 190” (maximum)

Mast Extended Height: 200” (minimum)

Fork Length: 96” pallet type

Forks shall have side-shift capability

Fork Spacing: 7” or less minimum fork spread (inside edge to inside edge), 88” or greater maximum fork spread (outside edge to outside edge)

Lights: Brake, front and rear drive lights, work-lights meter.

6.1.6 Variation of 10 Ton Specifications

Fork length: 120” pallet type

6.1.7 Specifications for 17 Ton for 34,000 LB net capacity Industrial Forklifts

Rated Capacity: 33,000 lbs. (minimum) to 36,000 lbs. (maximum)

Load Center: 24 inch

Transmission: Automatic

Mast Type: Nested channels to provide maximum visibility of the attachment and load with minimal obstructions (i.e. chains or flex hoses)

Mast Lowered Height: 190” (maximum)

Mast Extended Height: 200” (minimum)

Fork Length: 96”, pallet type

Forks shall have side-shift capability

Fork Spacing: 9” or less minimum fork spread (inside edge to inside edge), 94” or greater maximum fork spread (outside edge to outside edge) meter

Operator Cab: Forklift shall be supplied with a fully enclosed cab equipped with two doors, heater, defroster, fan and wipers

Variations of 17 Ton Specifications:

Fork length 120” pallet type

Load Center: 48 inch

6.1.8 Variations of 17 Ton Specifications:

Fork length 120” pallet type

Load Center: 48 inch

6.1.9 Specification of 17 Ton for 34,000 LB net capacity Industrial Forklift in the PSNS SPS Program:

Rated Capacity: 34,000 lbs. (minimum) at 212” lift on a 24” load center and 15,000lbs at 212” lift on a 96” load center with side shift.

Transmission: 3 speed Automatic (power shift) with hand lever controls.

Tires: Solid (foam filled) (4 Drive and 2 Steer)

Mast Type: Nested channels to provide maximum visibility of the attachment and load. 29” minimum viewing space between mast towers with minimal obstructions (i.e. chains or flex hoses).

Lift Height: 212” (minimum)

Mast Lowered Height: 176” (maximum)

Turning Radius: 205" to outside edge (maximum)

Overall Width: 105” (maximum)

Length to Load Face: 214” (maximum)

Carriage: 96” x 10” Pin Type

Forks: Vendor to provide the forklift without forks and will install the PSNS provided and owned special forks (2 each at 3-1/2” thick, 8” wide, 102” long and 39.76” from CL of mount to the bottom of the heel) at PSNS Transportation upon delivery to PSNS. Vendor shall install the data plate applicable to these special forks. The vendor shall remove the PSNS provided and owned special forks from the forklift at PSNS Transportation after completion of period of performance

Engine: 6 cylinder diesel/ 127 Horsepower or greater. Dry type air cleaner with elevated intake/coolant recovery system.

Fuel: Diesel, if diesel exhaust fluid (DEF), is required Contractor will fill as required

Brakes: Air

Operator Cab: Forklift shall be supplied with a fully enclosed cab equipped with two doors, heater, defroster, fan and wipers. Full suspension seat

Hydraulics: 25-micron filter or better. Chain or shaft driven hydraulic pump

6.2 Maintenance: The contractor shall maintain all forklifts leased by the government under this contract so that downtime is minimized and all forklifts remain in working condition while leased by the government.

6.3 Repair Services: The contractor is responsible for all repairs to government-leased forklifts that is not a direct result of government negligence within 8 hours of notification by the Government or provide a replacement unit within two business days, Monday through Friday 0700-1600 at no additional cost to the government.

6.4 Transportation: Contractor shall provide delivery of forklifts to and from the government facilities identified via task order at contractor expense and shall provide all transportation at contractor expense as required to perform maintenance or repairs. Contractor shall coordinate delivery of forklifts with COR and shall provide delivery IAW the Period of Performance identified per task order.

PART 7

APPLICABLE PUBLICATIONS

7. APPLICABLE PUBLICATIONS (CURRENT EDITIONS):

7.1 The Contractor must abide by all applicable regulations, laws, publications, manuals, and local policies and procedures.

7.1.1 40 CFR 63.6625(i) or (j) available at https://www.ecfr.gov/

7.1.2 29 CFR, Part 1926, Subpart H, Material Handling, Storage, Use, and Disposal available at https://www.ecfr.gov/

7.1.3 Industrial Truck Standard Development Foundation, ITSDF B56 standard available at https://blog.ansi.org/2020/12/ansi-b56-1-2020-itsdf-safety-standard-trucks/

PART 8

ATTACHMENT/TECHNICAL EXHIBIT LISTING

8. ATTACHMENT/TECHNICAL EXHIBIT LIST:

8.1 Technical Exhibit 1 – Performance Requirements Summary

8.2. Technical Exhibit 2 – Deliverables Schedule

8.3 Technical Exhibit 3 – Estimated Workload Data

N4523A23RC06S81

TECHNICAL EXHIBIT 1

Performance Requirements Summary

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective (The Service required—usually a shall statement)

Standard Performance Threshold (This is the maximum error rate. It could possibly be “Zero deviation from standard”)

Method of Surveillance

PRS # 1

The contractor shall provide leasing services of 3 ton, 7 ton, 10 ton, and 17 ton forklifts per specifications (including variations)

PWS 6.1

Contractor to deliver and pick-up Forklifts and provide inspection documents within 2 business days of task order start date.

100% of the services performed and documents submitted

100% Inspection by

COR

PRS # 2

Maintenance: PMs will be performed per the contractor’s requirements.

PWS 6.2

Contractor to perform scheduled maintenance of Forklifts within 2 business days of notification by Government Monday through Friday 0700-1600.

100% of scheduled maintenance completed within 2 business days 0700- 1600 Monday through Friday.

100% Inspection by

COR

PRS # 3 Contractor to provide Forklift repairs within 8 hours of notification by the Government or provide replacement unit within 2 business days Monday through Friday 0700-1600.

PWS 6.3

When notified by the COR, Contractor will respond on site within 8 hours to diagnose/repair forklift Monday through Friday 0700-1600 or provide a replacement unit within 2 business days 0700-1600 Monday through Friday.

100% of repairs within 8 hours of notification by Government. Replacement unit onsite within 2 business days 0700-1600 Monday through Friday if repairs cannot be completed

100% Inspection by

COR

PRS # 4 Contractor to provide transportation of forklifts to and from the government facilities or as required to perform maintenance or repairs.

PWS 6.4

The contractor delivered all deliverables timely

No more than 2 business days late in submission

100% Inspection by

COR

TECHNICAL EXHIBIT 2

Deliverables Schedule

Deliverable Frequency # of Copies Medium/Format Submit To Forklifts

PWS 6.1

Within 1-2 days of contract award/ task order award

1 Forklift onsite in the location established on the Task Order.

COR VIA EMAIL

Preventive Maintenance

Within 8 hours of scheduled PM

1 Notify COR by email of maintenance

COR via Email

Deliverable Frequency # of Copies Medium/Format Submit To PWS 6.2 Monday through

Friday 0700-1600.

schedule and completion.

Repair

PWS 6.3

Within 24 hours of notification from COR Monday through Friday 0700-1600.

1 Notify COR by email of repair completion.

COR via Email

Transportation

PWS 6.4

Within 2 days of task order award period of performance.

1 Notify COR by email of delivery/transport.

COR via Email

Section Inspection and Acceptance

INSPECTION AND ACCEPTANCE

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

Section Deliveries and Performance

DELIVERIES AND PERFORMANCE

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 N/A N/A N/A N/A

Section Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-2 Security Requirements MAR 2021 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-7 Information Regarding Responsibility Matters OCT 2018 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

MAR 2023

52.212-3 Alt I (Dev) Offeror Representations and Certifications - Commercial Products and Commercial Services (Deviation 2023-O0002) Alternate I

OCT 2014

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns

OCT 2022

52.219-8 Utilization of Small Business Concerns OCT 2022 52.219-9 Small Business Subcontracting Plan OCT 2022 52.219-16 Liquidated Damages-Subcontracting Plan SEP 2021 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 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-43 Fair Labor Standards Act And Service Contract Labor Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-54 Employment Eligibility Verification MAY 2022 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts

SEP 2013

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

AUG 2018

52.229-11 Tax on Certain Foreign Procurements--Notice and Representation

JUN 2020

52.229-12 Tax on Certain Foreign Procurements FEB 2021 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.252-5 Authorized Deviations In Provisions NOV 2020 52.252-6 Authorized Deviations In Clauses NOV 2020 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7008 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

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors

JAN 2023

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

JAN 2023

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

DEC 2019

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

MAY 2021

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

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.204-7022 Expediting Contract Closeout MAY 2021 252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only One Offer DEC 2022 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023 252.225-7007 Prohibition on Acquisition of Certain Items from Communist

Chinese Military Companies

DEC 2018

252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7050 Disclosure of Ownership or Control by the Government of a

Country that is a State Sponsor of Terrorism

DEC 2022

252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.

JAN 2023

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)

MAY 2020

252.225-7975 (Dev) Additional Access to Contractor and Subcontractor Records

(DEVIATION 2020-O0022)

AUG 2020

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7011 Payments in Support of Emergencies and Contingency

Operations

MAY 2013

252.232-7017 Accelerating Payments to Small Business Subcontractors-- Prohibition on Fees and Consideration

DEC 2022

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JAN 2023

252.243-7002 Requests for Equitable Adjustment DEC 2022 252.243-7999 (Dev) Section 3610 Reimbursement. (DEVIATION 2020-O0021) AUG 2020 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.246-7003 Notification of Potential Safety Issues JAN 2023 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for

Military Operations

OCT 2010

252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7022 Representation of Extent of Transportation by Sea JUN 2019 252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

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

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

The Government intends to award a single purchase order on the basis of the lowest priced, technically acceptable quote meeting or exceeding the acceptability standards for all the below listed technical and past performance factors. Each technical factor below has a submission requirement that must be included with the quote.

Technical Evaluation Factors Evaluation Criteria Submission Requirement Technical Factor 1- The prospective Offeror must demonstrate specific experience providing heavy duty industrial equipment of the complexity similar to or exceeding the scope identified in the Performance Work Statement (PWS) through a narrative of one (1) contract within the last two (2) years.

The narrative portion of the Corporate Experience Data Sheet has sufficient explanation how the referenced contract relates to the Forklift lease identified in the attached PWS.

Offerors are required to provide a completed Corporate Experience Data Sheet (Attachment 1) on one (1) of the firms recently completed contracts (not to exceed two years older than date of solicitation) that demonstrates experience providing heavy duty industrial equipment.

The narrative portion of the data sheet must be clear, coherent, and prepared in sufficient detail for effective evaluation.

Altered or substituted data sheets may not be evaluated.

Technical Factor 2- The prospective Offeror must demonstrate that the forklifts they intend to provide to the Government meet all required specifications per Part 6 of the PWS, inclusive of crane lift-ability per Part 5.

Offerors are required to provide descriptive literature, as defined below, that clearly demonstrates the specific intended forklift to be leased by the government meets all specifications identified in the Performance Work Statement Parts 5 & 6.

DESCRIPTIVE LITERATURE

"Descriptive literature," as used in this provision, means information furnished within a quotation, such as cuts, illustrations, drawings, and brochures, that shows a product’s characteristics or construction or explains its operation. The term includes only that information required to evaluate the acceptability of the product and excludes other information for operating or maintaining the product.

Descriptive literature is required to establish, for the purpose of evaluation and award, details of the product offered that are specified elsewhere in the solicitation and pertain to significant elements such as-

(1) Design;

(2) Materials;

(3) Components;

(4) Performance characteristics; and

(5) Methods of manufacture, assembly, construction, or operation.

Descriptive literature, in this solicitation, shall be-

(1) Identified to show the item(s) of the offer to which it applies; and

(2) Received by the time specified in this solicitation.

If the descriptive literature fails to show that the product offered conforms to the requirements of the solicitation, the

Government will find the quotation to be technically unacceptable and otherwise ineligible for award.

Past Performance Evaluation Factor Evaluation criteria Submission Requirements Evidence of successful past performance that demonstrates performance relevant to heavy duty industrial equipment projects similar to or exceeding the work required in the PWS.

Past performance information shall be obtained from established systems such as the Past Performance Information Retrieval System (PPIRS), Supplier Performance Risk System (SPRS), Federal Awardee Performance and Integrity Information System (FAPIIS), Electronic Subcontract Reporting System (eSRS), or other databases. Past performance information may also be obtained from other sources available to the Government, such as the Defense Contract Management Agency; and interviews with Program Managers, Contracting Officers, Fee Determining Officials.

NOTE: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown (or “neutral”) past performance. In the context of acceptability/unacceptability, a neutral rating shall be considered “acceptable.”

Offeror’s are not required to submit any additional documentation in support of this evaluation criterion.

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

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

(End of provision)

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

SERVICES (DEC 2022)

(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 indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part…