Combine Synopsis Solicitation_MHE_JOHN LENTHALL_DRAFT.docx

MILITARY SEALIFT COMMAND

N10 - CONTRACTS AND BUSINESS MANAGEMENT DIRECTORATE

COMBINED SYNOPSIS/SOLICITATION

Military Sealift Command Combined Synopsis and Solicitation Notice Information

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, 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.

2. Solicitation number is N3220523Q2203 and is being issued as a Request for Quotes (RFQ).

3. The solicitation document and incorporated provisions and clauses are those in effect through:

a. Federal Acquisition Circular (FAC) 2023-04, effective 06/02/2023, located on https://www.acquisition.gov/browse/index/far

b. DFARS Publication Notice 20230609, effective 06/09/2023 located at https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

4. The associated NAICS code is 811310 and the associated PSC/FSC code is H239 for this procurement: NOTE: A Class Waiver is not applicable to a procurement unless the NAICS code, PSC/FSC, and NAICS Code Descriptor currently in effect, match the item(s) being procured.

is not being set-aside for small businesses.

is being set-aside for total small business. The small business size standard is $11 million.

5. The table below lists the Contract Line Item Number(s) (CLIN(s)) and items, quantities and units of measure, inclusive of any applicable options:

SERVICES

6. It is anticipated one firm-fixed price purchase order will be issued in response to this RFQ. No commercial financing.

STATEMENT OF WORK

Subject: MATERIAL HANDLING EQUIPMENT (MHE) RECERTIFICATION SERVICE REQUEST IN SUPPORT OF USNS JOHN LENTHALL

Reference: (a). NAVSEA SW0-23-AH-WHM-10 Eight Revision, Handling Ammunition and Explosives with industrial Material Handling Equipment (MHE) (b). NAVSUP Publication 538 Sixth Revision, Management of Material Handling Equipment (MHE) and Shipboard Mobile Support Equipment (SMSE)

Attachments: (1). CDRL A0001 - Final Inspection Condition Report

1. CDRL A0002 - Fork Maintenance Report

1. CDRL A0003 - MHE Safety Certification

1. CDRL A0004 – Itemized Work Order

1. Statement of Work (SOW): The following work items shall be accomplished by the selected service provider (contractor) in conjunction with this repair and maintenance requirement. The Government intends to award a Fixed Price Contract to the selected service provider:

a. Services to MHE identified in Table 1 below shall be performed at the vendor’s location. The Contractor’s quote shall provide a summary of the proposed process for training, maintenance, repairs, and safety recertification. Battery info can be found on the N44 Portal for each ship. Coordination of the maintenance actions shall be done in association with the ship’s Port Engineer and Chief Engineer.

b. Contractor shall perform all related inspections of MHE identified in Table 1 and in accordance with the requirements set forth in references (a) and (b), attachments 1 thru 4 and appropriate vehicle technical manuals.

c. SCOPE OF DIESEL FORKLIFT REPAIR WORK INCLUDES 6, hardware, and diagnostic procedures.

Make sure speed is set at 5MPH PERFORM VISUAL INSPECTION

PERFORM DIAGNOSTICS

Perform a complete inspection of the vehicle to include, but not be limited to, the following:

-Fluid Leaks -Carriage, including Rollers and Slider Blocks -Forks and Locks -Mast Chains, Retainers, and Anchors -Tire Condition -Steering Components -Overhead Guard -Improper Modifications -Seat Condition and Belts -Attachments, including Towing Devices PERFORM OPERATIONAL INSPECTION -Safety Devices -Neutral Starting Switch -Instruments/Horn/Lights -Brakes, Pedals, and Linkages -Forward and Reverse Vehicle Operation -Parking Brake -Inching Control -Shift Levers -Steering -Exhaust Smoke -Mast Operation -Tilt Cylinder Operation -All Attachments -Backup Alarms

CLEAN VEHICLE AND COMPONENTS

-All Painted Areas -Radiator and Engine Compartment -Steer and Drive Axle -Mast -Under Floor Plate -Control Panel Area -Operator Area -Battery Tray

INSPECT ELECTRICAL SYSTEMS

-Panel Power Connections -Check Seat Switch -Check Wire Connections and Condition -Check Distributor Cap and Rotor (if equipped) -Clean Battery Cable and Connections -Other Electrical Components, as Installed -Perform Repairs, as required INSPECT HYDRAULIC SYSTEMS -All Hydraulic Lines, Hoses, and Fittings -Mast and Hose Reel -Lift, Tilt, and Shift Cylinders -Hydraulic Tank and Breather -Hydraulic Pumps -Attachment Links -Attachment Cylinders -Control Valve Operation and Leaks -Other Hydraulic Systems, as installed -Perform Repairs, as required LUBRICATE VEHICLE -Clutch Pedal -Accelerator Pedal -Drive Line U-Joints -Steer Axle -Steering Mechanisms -Mast, Chains, Rollers, Carriage Attachments -Brakes and Parking Brake Linkages -Accelerator Pedal -Direction Pedal -Lift and Tilt Control Hinges -Other Lubrication Points, as installed INSPECT FUEL SYSTEM -Check for Leaks -Check Fuel Lock-Off Regulators and Drain -Clean Water Trap -Perform Repairs, as Required

PERFORM ADDITIONAL MAINTENANCE ACTIONS

-Verify Stencils/Markings Per NAVSUP P-538 and Re-Stencil/Re-Mark as needed, marking should include SWL both sides, VW both sides (and in view of operator on mast assembly), all operator controls, Manufacture name plate, Accredited laboratory UL, MHE safety Certification and EE on three sides -Check for Error Codes and Perform Non-Major Repairs, as required, to Clear Code -Check Mast Mounting Trunnions and Re-Torque Bolts, as Needed -Repack Leaking Lift, Tilt and Shift Cylinders -Adjust Load Chains and Cylinder Rods -Complete Electrical Tune-up (plus wires, rotors, etc, as equipped) -Check/Adjust Belts Condition and Tension; Replace as Required -Check Engine Compression -Check and Adjust Ignition Timing (as equipped) -Check and Adjust High and Low Engine RPMs -Adjust Engine Valves and Replace Valve Cover Gasket (as equipped) -Clean & Check PCV Valve (as Equipped); Replace as Needed -Check/Clean Induction System -Clean Filter Canister, Pre Cleaner -Check Radiator Hoses; Replace as Required -Change Air Cleaner -Change Final Fuel Filter (as equipped) Date filter -Change Engine Oil and Filter Date filter -Change Transmission Oil and Filter Date filter -Change Hydraulic Oil and Filters -Change All Differential, Speed Reducer, and Final Drive Lubricants -Drain, Flush, and Change Coolant -Adjust Hydraulic Pressure, as required -Inspect lights, Backup Alarm, and Associated Wiring; Repair/Replace, as required -Remove Steer and Drive (Load) Wheels; inspect and Repack all four (4) Bearings -Check Brakes, Wheel Cylinders, and Associated Hardware; Adjust/Repair as required -Re-Torque Drive and Steer Wheel Nuts -Evacuate Brake System; Replace Fluid with DOT 3 Brake Fluid, or Per Tech Manual -Adjust Parking Brake and Linkage; Repair as required -Adjust Steering Linkage; Repair as required -Raise Rear of Vehicle and Manually Test Rear Brake Operation (with brake pedal pressed).

-Re-Adjust all Brakes, as required -Perform Basic Corrosion Control Utilizing Wire Brush and Spot Paint Techniques.

-Submit Condition Found Report (CFR) and Quote for Required Major Repairs

d. SCOPE OF ELECTRIC FORKLIFT REPAIR WORK INCLUDES

PERFORM DIAGNOSTICS

Perform diagnostic service utilizing dashboard display, and – when required - Hyster approved and authorized Off-Board Laptop Diagnostic Troubleshooting Software, hardware, and diagnostic procedures.

Make sure speed is set at 5MPH

PERFORM VISUAL INSPECTION

Perform a complete inspection of the vehicle to include, but not be limited to, the following:

-Fluid Leaks -Carriage, including Rollers and Slider Blocks -Forks and Locks -Mast Chains, Retainers, and Anchors -Tire Condition -Steering Components -Overhead Guard -Improper Modifications -Seat Condition and Belts -Attachments, including Towing Devices

PERFORM OPERATIONAL INSPECTION

-Safety Devices -Neutral Starting Switch -Instruments/Horn/Lights -Brakes, Pedals, and Linkages -Forward and Reverse Vehicle Operations -Parking Brake, -Shift Levers -Steering -Mast Operations -Lift, Tilt, and Shift Controls -All Attachments -Backup Alarms

CLEAN VEHICLE AND COMPONENTS

-All Painted Areas -Steer and Drive Axle -Mast -Under Floor Plate -Control Panel Area -Operator Area -Battery Compartment and Tray -Motors and Pumps

INSPECT ELECTRICAL SYSTEMS

-Panel Power Connections -Check Contactor Tips -Check Seat Switch -Battery Discharge Indicator, as installed -Current Limiter, as installed -Other Electrical Components, as installed -Perform Repairs, as required INSPECT HYDRAULIC SYSTEMS -All Hydraulic Lines, Hoses, and Fittings -Mast and Hose Reel -Lift, Tilt, and Shift Cylinders -Hydraulic Tank and Breather -Hydraulic Pumps -Attachment Links -Attachment Cylinders -Control Valve Operation and Leaks -Other Hydraulic Systems, as installed -Perform Repairs, as required LUBRICATE VEHICLE -Steer Axle -Steering Mechanisms -Mast, Chains, Rollers, Carriage Attachments -Brakes and Parking Brake Linkages -Accelerator Pedal -Direction Pedal -Lift and Tilt Control Hinges -Other Lubrication Points, as installed

SERVICE BATTERIES AND BATTERY CHARGERS

Perform Battery Voltage Tests -Check/Clean/Adjust Battery Cables -Check/Clean/Adjust Battery Connectors -Clean Terminals, Bus Bars and Top of Battery -Fill Flooded Batteries with Double-Distilled Water -Check Specific Gravity of Cells, as appropriate -Charge Battery and Evaluate Overall Health -Check Battery Charger Settings and Reprogram Chargers, as required

PERFORM ADDITIONAL MAINTENANCE ACTIONS

-Verify Stencils/Markings Per NAVSUP P-538 and Re-Stencil/Re-Mark as needed, marking should include SWL both sides, VW both sides (and in view of operator on mast assembly), all operator controls, Manufacture name plate, Accredited laboratory UL, MHE safety Certification and EE on three sides -Check for Error Codes and Perform Non-Major Repairs, as required, to Clear Code.

-Replace Faulty Encoder Bearings -Check Mast Mounting Trunnions and Re-Torque Bolts, as needed.

-Repack Leaking Lift, Tilt and Shift Cylinders -Adjust Load Chains and Cylinder Rods -Change Hydraulic Oil, Filters, and Breathers -Adjust Hydraulic Pressure, as required -Replace Loose/Warn Hydraulic Pump Motor Mount Bushings -Inspect Lights, Backup Alarm, and Associated Wiring; Repair/Replace, as required.

-Check and Adjust Current Limiter -Remove Steer and Drive (Load) Wheels, Inspect and Repack all four (4) Bearings -Check Brakes, Wheel Cylinders, and Associated Hardware; Adjust/Repair as required.

-Re-Torque Drive and Steer Wheel Nuts -Evacuate Front and Rear Brake Systems; Replace Fluid with DOT 3 Brake Fluid, or per Tech Manual.

-Check and Adjust Rear Brake Master Cylinder, Actuator Cable, Pivot Mechanism, Brake Lines, and Associated Hardware; Repair as required.

-Adjust Parking Brake and Linkage; Repair as required.

-Check and Adjust Plugging Distances -Adjust Steering Linkage; Repair as required -Raise Rear of Vehicle and Manually Test Rear Brake Operation (with brake pedal pressed).

-Re-Adjust all Brakes, as required -Perform Basic Corrosion Control Utilizing Wire Brush and Spot Paint Techniques.

-Remove, and inspect the counterweight, mounting bolt, for rust, corrosion, worn threads and threaded base plate surface. Re-install the counterweight, and mounting bolts that are within SAE standards, and re-torque the counterweight bolts to 410 foot pounds, or replace the bolts, and re-thread the base plates that fail the visual inspection, as required.

e. SCOPE OF BATTERY CHARGER MAINTANANCE Validate battery chargers are configured correctly Clean, inspected and adjusted.

2. Equipment to be serviced:

USNS JOHN LENTHALL - TABLE 1

NUMBER

SERIAL

NUMBER

CONDITION REPORT

DISCREPANCIES

USNS JOHN LENTHALL / BATTERY CHARGERS - TABLE 2

CHARGER

ADJUST

3. Deliverables:

The contractor shall provide

a. Contractor shall complete and sign CDRL 0001 Final Inspection form for each unit listed in Table 1. Provide a copy to the MHE Program Support Office at MSC Norfolk upon completion of service.

b. Contractor shall complete and sign CDRL 0002 Fork Inspection form for each unit listed in Table 1. Provide a copy to the MHE Program Support Office at MSC Norfolk upon completion of service.

c. Contractor shall complete and sign CDRL 0003 Safety Certification form for each asset listed in Table 1 in accordance with NAVSEA Instruction SW023-AH-WHM-010 reference (a). Provide a copy to the MHE Program Support Office at MSC Norfolk upon completion of service.

d. Contractor shall complete and sign CDRL 0004 Itemized Work Order form for each asset listed in Table 1 in accordance with NAVSEA Instruction SW023-AH-WHM-010 reference (a). Provide a copy to the MHE Program Support Office at MSC Norfolk upon completion of service.

1. Provide a copy to the MHE Program Support Office at MSC Norfolk upon completion of service.

e. Contractor shall send status report of all battery chargers listed in Table 2 to the MHE Program Support Office at MSC Norfolk upon completion of service.

f. Contractor shall coordinate with the technical point of contact to arrange U.S. Government inspection of the MHE/forklifts prior to their return. The inspection will occur on a date mutually agreed upon by the service provider and technical point of contact.

g. Contractor must be able to read and understand all items listed on this SOW (Ref a thru b and attachments 1 thru 4).

4. If additional repair action are needed, vendor MUST provide a condition found report to N10 contract specialist (MSC government representative) for approval prior to completing. An initial condition found report documenting inspections, measurements and additional work must be submitted on condition found report within 10 days of receipt of the assets. Qualifications: The selected service provider / contractor must meet the following qualifications:

a. All management and technical personnel performing above listed services must be able to demonstrate the following:

- Experience performing safety certifications on shipboard-approved MHE in accordance with the requirements set forth in the NAVSEA SW023-AH-WHM-010, NAVSUP PUB 538, and equipment technical manuals.

· Experience interpreting, trouble-shooting, and resetting HYSTER on-board dash displays.

· Access to HYSTER proprietary hardware and software required to reset onboard electronics.

· Able to read and understand the Technical Exhibits and meet all requirement.

b. Contractor shall staff and equip the service with the capability to perform all actions without assistance from MSC personnel.

c. Contractor must have access to technical and diagnostic manuals applicable to the equipment being serviced.

d. Contractor shall have the ability to change/press tires using existing location tire press (if available) and/or obtain alternate services relative to satisfying the MHE asset requirement. If contractor is performing fly in service – service provider is not responsible for changing / press tires due to time restraints. Ship will be responsible for pressing tires

e. Contractor must be able to perform the required services within the Period of Performance (POP) identified in this Statement of Work document. If additional work is identified, and approved by the Government, the Contractor must have the ability to complete the additional service work by close of the requested POP as well.

f. Contractor shall complete a security form for each employee that will be servicing MHE onboard government installations and submit the information (including, but not limited to name, social security number, and birth date) to Military Sealift Command (MSC)/MSC Security Officer, as requested. The Government will provide approval for personnel to access base installation locations for a pre-determined timeframe (up to one year), as appropriate.

g. Contractor personnel performing maintenance and repairs onboard MSC vessels or affiliated shore activities shall abide by all DOD, Navy, MSC security requirements and clearance procedures required to access U.S. Government facilities and/or MSC customer locations.

5. NORFOLK - Technical Points of Contact (POCs):

· Primary POC: Richard Hadley – Email: richard.t.hadley2.civ@us.navy.mil Phone: 757-443-1463

· Alternate POC: José Paulino – Email: jose.m.paulino.ctr@us.navy.mil Phone: 757-341-2309

6. Travel:

a. Access paperwork: Will be provided by MSC designated representative, as appropriate.

7. Place of Performance:

Norfolk, VA; CTF-80 – AOR / OPEN BID

22 SEP 23 – 30 NOV 2023

8. Services Contract Reporting (SCR):

Services Contract Reporting (SCR) requirements apply to this contract. The contractor shall report required SCR data fields using the SCR section of the System for Award Management (SAM) at following web address: https://sam.gov/SAM/.

(End of Statement of Work)

7. The provision at FAR 52.212-1, Instructions to Offerors – Commercial applies to this acquisition and is incorporated by reference. The provision is amended as follows:

52.212-1 (ADDENDUM) ADDITIONAL INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS

a. Any inconsistency between FAR Provision 52.212-1 and the Addendum to FAR 52.212-1 shall be solved by giving precedence to the Addendum to FAR 52.212-1.

b. After receipt of quotes the Government may, with or without notice, negotiate with and, if desired, seek quote revisions from as many or as few quoters as it, in its discretion, deems appropriate.

c. The term “offeror” or “offer” as used in FAR 52.212-1 shall be understood to mean “quoter” and “quote,” respectively. Further, the term “award” shall be understood to describe the Government’s issuance of an order.

d. The Government will consider all quotes that are timely received and may consider late quotes in accordance with 52.212-1. Failure of a quote to address any items listed in the attached submission package may make a quote unacceptable.

e. Paragraph (b) of FAR Provision 52.212-1, Submission of Offers, is amended as follows:

In addition to the quote submission requirements stated in FAR provision 52.212-1, quoters shall provide the following, as part of the quote submission package, no later than the required time and date for quote submission:

Responsible sources shall provide the following:

1. Price quote which identifies the requested item(s), unit price inclusive of shipping (if any), and extended price.

2. Total Firm Fixed price

3. Price quotes shall be accompanied by the vendor’s published labor rates.

4. Any Discount Terms

5. Estimated time of delivery

6. Technical Submission Requirements

a. For Parts/Supply buy, the quote shall contain a description including part number and title for each item listed in the solicitation to allow the Government to verify that the quoted parts match the requirements listed in the requirements schedule.

b. Quote shall contain ALL material, labor and travel to complete the entire service requirement without contract modification.

c. It is strongly encouraged that prospective vendors comply with FAR 52.237-1 Site Visit to determine what material is required prior to submitting a quote. Points of contact are in Paragraph 11 of the SOW.

d. Quote must contain proof that the vendors have the experience and capability as specified in paragraph 4 of the statement of work above. Failure to provide proof will be considered non-compliant and will be deemed non-responsive.

8. Responses to the solicitation are due 26 September 2023 @ 12:00 PM, EDT. Quotes may be e-mailed to Coleman Dieger, coleman.d.dieger.civ@us.navy.mil and Alvinia Jenkins, alvinia.r.jenkins.civ@us.navy.mil to be considered timely, an E-mail quote must be received in its entirety in the designated E-mail inbox by the due date and time for quote submission. Quotes received after that time will be considered at the Government’s sole discretion. Please reference the solicitation number on your quote.

Point of Contact: Coleman Dieger: (757) 443-5949/ coleman.d.dieger.civ@us.navy.mil Secondary Point of Contact: Alvinia Jenkins: (757) 443-5881/ alvinia.r.jenkins.civ@us.navy.mil The Government will consider all quotes that are timely received and may consider late quotes in accordance with 52.212-1. Failure of a quote to address any items listed in the attached submission package may make a quote unacceptable.

9. Provision 52.212-2 Evaluation—Commercial Items applies to this acquisition.

(a) The Government may issue a purchase order resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate quote:

(i) technical capability of the item quoted to meet the Government requirement;

(ii) price;

Award shall be made to the lowest priced technically acceptable offeror in LPTA solicitations.

To be considered a technically acceptable solution for a parts procurement, the quoted parts shall meet the solicitation requirements including required parts, delivery dates, and terms and conditions stated in the solicitation.

To be considered a technically acceptable solution for a parts procurement, the quoted parts shall meet the solicitation requirements including required parts, delivery dates, and terms and conditions stated in the solicitation. To be considered a technically acceptable solution for a service, the quoted service shall meet the solicitation requirements including terms and conditions stated in the solicitation. The quote shall state that all aspects of the technical requirement, including required delivery date and part numbers, can be met.

The Government will evaluate quoted pricing for reasonableness utilizing techniques described in FAR 13.106-3.

(b) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror by the Government 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.

10. Provision FAR 52.212-3, Offeror Representations and Certifications – Commercial Items applies to this acquisition. Complete and return with quote if required

52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Dec 2022)

11. Clause 52.212-4 Contract Terms and Conditions – Commercial items, applies to this acquisition (Dec 2022).

Quotes submitted in response to this solicitation shall not contain nor be subject to the vendor’s standard commercial terms and conditions. Any quote submitted in response to this solicitation, which includes the vendor's standard commercial terms and conditions may be considered a material defect and may be rejected as being non-responsive to the solicitation.

12. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (NOV 2016) of 52.219-9.

____ (iii) Alternate II (NOV 2016) of 52.219-9.

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (SEP 2021) of 52.219-9.

____ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (19) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) (15 U.S.C. 657f).

XX (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (OCT 2022) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

XX (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

XX (28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (DEC 2022) (E.O. 13126).

XX (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

XX (30)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

____ (ii) Alternate I (FEB 1999) of 52.222-26.

____ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

XX (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

(33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

____ (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (36) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

____ (40)(i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

____ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

____ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (48) (i) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 83).

____ (ii) Alternate I (OCT 2022) of 52.225-1.

____ (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I [Reserved].

____ (iii) Alternate II (DEC 2022) of 52.225-3.

____ (iv) Alternate III (JAN 2021) of 52.225-3.

____ (v) Alternate IV (OCT 2022) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (DEC 2022) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

____ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

XX (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

____ (ii) Alternate I (APR 2003) of 52.247-64.

____ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]

XX (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

XX (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

XX (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2022) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (AUG 2018), (41 U.S.C. chapter 67).

(xiii) XX (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

10. The following additional information is applicable to this acquisition: CLAUSES INCORPORATED BY REFERENCE

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

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

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense P

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

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

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

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

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

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

(d) Representation. The Offeror represents that—

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

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

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

(i) For covered equipment—

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

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

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

(ii) For covered services—

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

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

(End of provision)

MSC SPECIFIC WIDE AREA WORKFLOW (WAWF) INSTRUCTIONS

The information contained in this instruction is supplemental to…