Combined Solicitation Synopsis_Asphalt.pdf

N00244-25-R-0026

SOLICITATION FOR COMMERCIAL ITEMS

This is a solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; “quotations” are being requested, and a written solicitation document will not be issued.

The solicitation number is N00244-25-R-0026 and it is being issued as a Request for Quote (RFQ).

Solicitation number N00244-25-R-0026 shall be used to reference any written quote provided under this solicitation. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-05. The North American Industry Classification System (NAICS) Code for this acquisition is 324121 Asphalt Paving Mixture and Block Manufacturing is applicable, and business size is 500 employees.

It is the contractor’s responsibility to be familiar with the applicable clauses and provisions.

This requirement is in support of Naval Construction Training Center (NCTC). All interested companies shall provide a quotation for:

Model bids as follows in line with CLIN Pricing:

Base Year

CLIN Description Qty U/M Unit Price Total Price

0001 Emulsion 1,200 Gallons

0002 Hot Mix Asphalt 1,200 Tons

3-5 Ton Double Smooth Drum (2 Days per Class)

12 Days

**Please include pricing for Option Years 1,2,3,4.: Utilize CLIN structure on Solicitation Attachment.

1. Emulsion.

a. 600 (minimum) to 1200 (maximum) gallons per period of performance, 200 gallons per delivery, of SS-1h or SC-70 speci ication emulsion, as directed by NCTC.

b. Vendor must apply emulsion as prime, tack, or seal coats at least 24 hours prior to placing asphalt, as directed by NCTC.

c. Planned Performance Dates (approximate):

i. First week of MAR 2025, MAR 2026, MAR 2027, MAR 2028 and MAR 2029

ii. First week of APR 2025, APR 2026, APR 2027, APR 2028, and APR 2029

iii. First week of JUL 2025, JUL 2026, JUL 2027, JUL 2028, and JUL 2029

iv. First week of SEP 2025, SEP 2026, SEP 2027, SEP 2028, and SEP 2029

v. First week of NOV 2025, NOV 2026, NOV 2027, NOV 2028, and NOV 2029

vi. First week of JAN 2026, JAN 2027, JAN 2028, JAN 2029 and JAN 2030

2. Hot Mix Asphalt (HMA).

a. 600 (minimum) to 1200 (maximum) tons per period of performance ,200 tons per delivery, HMA of a ½” mixture suitable to sustain moderate traf ic loads such as access roads, driveways, and parking lots; generic C2 mix design is acceptable.

b. Oil component of HMA shall be AR4000/PG6410 or result in a set-time no faster than HMA with AR4000/PG6410 speci ication oil.

c. Recycled Asphalt Product (RAP), if used, shall be homogenously mixed with new asphalt in proportion not to exceed 10% by weight of the total HMA delivered.

d. HMA must be delivered at a minimum of 290 degrees Fahrenheit.

e. Planned Performance Date:

i. First week of MAR 2025, MAR 2026, MAR 2027, MAR 2028 and MAR 2029

ii. First week of APR 2025, APR 2026, APR 2027, APR 2028, and APR 2029

iii. First week of JUL 2025, JUL 2026, JUL 2027, JUL 2028, and JUL 2029

iv. First week of SEP 2025, SEP 2026, SEP 2027, SEP 2028, and SEP 2029

3. 3-5ton Double Smooth Drum Vibratory Asphalt Roller.

a. To be utilized by NCTC staff and students for no more than a two-day rental.

b. Vendor must deliver the equipment no later than 0800 on the delivery date of the HMA and pick up the equipment any time after 1600 on the same date / following date.

c. Planned Performance Date:

i. First week of MAR 2025, MAR 2026, MAR 2027, MAR 2028 and MAR 2029

ii. First week of APR 2025, APR 2026, APR 2027, APR 2028, and APR 2029

iii. First week of JUL 2025, JUL 2026, JUL 2027, JUL 2028, and JUL 2029

iv. First week of SEP 2025, SEP 2026, SEP 2027, SEP 2028, and SEP 2029

Delivery

NAVAL CONSTRUCTION TRAINING CENTER

363 WHITE HOUSE WAY

BLDG 1300

PORT HUENEME, CA 96043-4303

Additional

NOTE 1: NAVSUP Fleet Logistic Center San Diego is planning to purchase the stated product using simplified acquisition procedures from Best Value Trade off, IAW FAR 13.106-2(b).

NOTE 2: Failure to provide specifications will result in rejection of quotation. The Buy American Act applies to this procurement, unless an exception applies.

NOTE 3: New equipment only; No remanufactured or "gray market" items. All items must be covered by the manufacturer's warranty.

Requirements: Regulatory Approvals

1. The SCBA shall be approved to NIOSH 42 CFR, Part 84 for chemical, biological, radiological and nuclear protection (CBRN).

2. The SCBA shall be compliant to the NFPA 1981, 2018 Edition, Standard on Open-Circuit

Self-Contained Breathing Apparatus for Emergency Services.

3. The SCBA shall be compliant to the NFPA 1982, 2018 Edition (if including optional PASS

Device), Standard on Personal Alert Safety Systems.

4. If the SCBA is to include an optional integrated self-rescue device, the device shall be compliant to the NFPA 1983, 2017 Edition, Standard on Life Safety Rope and Equipment for Emergency Services.

5. All components shall be approved for Intrinsic Safety under UL 913 Class I, Groups C and D, Class II, Groups E, F and G, Hazardous locations.

6. The SCBA shall maintain all NIOSH standards with any of the types of cylinders listed as provided by the SCBA manufacturer.

Self-Contained Breathing Apparatus Requirements The SCBA shall consist of the following major sub-assemblies:

1. full facepiece assembly;

2. a removable, positive pressure, mask-mounted regulator with air-saver switch.

3. an automatic dual path redundant pressure-reducing regulator.

4. end-of-service time indicators;

5. a harness and backframe assembly for supporting the equipment on the body of the wearer;

6. a shoulder strap mounted, remote gauge indicating cylinder pressure;

7. a rapid intervention crew/universal air connection (RIC/UAC);

8. a personal alert safety system (PASS); and

9. cylinder and valve assembly for storing breathing air under pressure.

CLIN Description Qty U/M Unit Price Total Price

0001 Emulsion 1,200 Gallons

0002 Hot Mix Asphalt 1,200 Tons

3-5 Ton Double Smooth Drum (2 Days per Class)

12 Days

NFPA 2018 3M/Scott X3Pro part number X8814025305303 includes:

1. X3Pro – NFPA 2018 SCBA

2. CGA- cylinder connection

3. 4.5 -operating PSI

4. QDR – quick disconnect regulator (Rectus fitting)

5. HUD – heads up display

6. UBSS – universal buddy breathing connection (Rectus fitting)

7. Pass Device - PASS/Pack Tracker

8. No case

NOTE 4: No partial bids allowed. No partial shipments permitted, unless specifically authorized at the time of award.

NOTE 5: The contract award will include award/points of contact/invoicing or payment information.

NOTE 6: The method of payment for this procurement shall be Wide Area Work Flow WAWF system in Accordance with DFAR 252.232-7006.

NOTE 7: FOB Destination.

NOTE 8: Quotes shall include lead-time, assembly, place of manufacture, shipping, freight, and other related delivery expenses.

NOTE 9: All clauses and provisions incorporated into the basic contract are hereby incorporated by reference and are considered to be in full force and effect as if they were in full text. All clauses and provisions in the basic contract are fully applicable to this solicitation.

Defense Priorities and Allocations System (DPAS) and assigned rating: N/A

This solicitation will close at 10:00 (PDT) on 16 SEPT 2024. Submit vendor quote to the Contract Specialist, Jheanna Poblete, via email to the address Jheanna.u.poblete.civ@us.navy.mil and stating - Solicitation N00244-22-R-0082 SCBA at subject line.

Questions on this solicitation shall be submitted to the Contract Specialist via email. The Government will attempt to answer all questions in timely manner and will be made available publicly. However, question(s) submitted near the solicitation closing date may not provide sufficient time for the Government to respond. Therefore, quoters are hereby directed to submit question(s) not later than 10:00 AM (PDT) time on 12 SEPT 2024.

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations And Certifications-Commercial Products And Commercial Services, with its offer.

APPLICABLE PROVISIONS:

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

SEP 2007

52.204-7 System for Award Management OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-17 Ownership or Control of Offeror AUG 2020

52.204-20 Predecessor of Offeror AUG 2020

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment OCT 2020

52.204-26 Covered Telecommunications Equipment or Services--Representation OCT 2020

52.211-6 Brand Name or Equal AUG 1999

52.212-1 Instructions to Offerors—Commercial Items (CD 2018-O0018) JUN 2020

52.212-2 Evaluation—Commercial Items OCT 2014

52.212-3 Offeror Representations and Certifications—Commercial Items JUN 2020

52.219-31 Notice of Small Business Reserve MAR 2020 If small business reserves

52.252-5 Authorized Deviations in Provisions APR 1984

252.203-7005 Representation Relating to Compensation of Former DoD Officials NOV 2011

252.204-7008 Compliance with Safeguarding Covered Defense Information Controls OCT 2016

252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation DEC 2019

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations SEP 2019

252.215-7008 Only One Offer JUL 2019

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

252.225-7974 Representation Regarding Persons that have Business Operations with the Maduro Regime

(DEVIATION 2020-O0005) FEB 2020

APPLICABLE CLAUSES:

52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020

52.203-19** Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements JAN

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011

52.204-10* Reporting Executive Compensation and First-Tier Subcontract Awards JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204‐19 Incorporation by Reference of Representations and Certifications. DEC 2014

52.204-23** Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities JUL 2018

52.204-25** Prohibition of Contracting for Certain Telecomunications and Video Surveillance Services or Equipment AUG 2019

52.209-6* Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment JUN 2020

52.209-10*** Prohibition on Contracting with Inverted Domestic Corporations NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law FEB 2016

52.212-4 Contract Terms and Conditions—Commercial Items OCT 2018

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Items NOV 2020 CD 2018-0021

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (CD 2020 O0008)

52.219-6 Notice of Total Small Business Set-Aside (DEVIATION 2020-O0008)

52.219-14 Limitations on Subcontracting. MAR 2020

52.219-8 Utilization of Small Business Concerns MAR 2020

52.219-14 Limitations on Subcontracting (CD 2020-O0008)

52.219-28* Post-Award Small Business Program Rerepresentation JUN 2020

52.219-33* Non-Manufacturer Rule (Deviation 2020-O0008)

52.222-3* Convict Labor JUNE 2003

52.222-19* Child Labor—Cooperation with Authorities and Remedies (CD 2020-O0019)

52.222-21* Prohibition of Segregated Facilities APR 2015

52.222-26* Equal Opportunity SEP 2016

52.222-35* Equal Opportunity for Veterans JUN 2020

52.222-36* Equal Opportunity for Workers with Disabilities JUN 2020

52.222-37* Employment Reports on Veterans JUN 2020

52.222-50* Combating Trafficking in Persons JAN 2019

52.223-18* Encouraging Contractor Policies to Ban Text Messaging While Driving JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.232-33* Payment by Electronic Funds Transfer—System for Award Management OCT 2018

52.232-18 Availability of Funds APR 1984

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013

52.233-3** Protest after Award AUG 1996

52.233-4** Applicable Law for Breach of Contract Claim OCT 2004

52.247-34 F.o.b. Destination NOV 1991

52.245-1 Government Property JAN 2017

52.245-9 Use and Charges APR 2012

52.252-2 Clauses Incorporated by Reference FEB 1998 When following procedures other than commercial procedures (FAR Part 12)

52.252-6 Authorized Deviations in Clauses APR 1984

252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011

252.203‐7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services DEC 2019

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. NOV 2020.

252.204-7021 Contractor Compliance with the Cybersecurity Maturity Model Certification Level Requirement. NOV 2020

252.211-7003 Item Unique Identification and Valuation MAR 2016

252.211-7007 Reporting of Government-Furnished Property AUG 2012

252.211-7008 Use of Government-Assigned Serial Numbers Sep 2010

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7001 Buy American and Balance of Payments Program--Basic DEC 2017

252.225-7012 Preference for Certain Domestic Commodities DEC 2017

252.225-7016 Restriction on Acquisition of Ball and Roller Bearings JUN 2011 When procuring items with ball or roller bears.

252.225-7021 Trade Agreements—Basic (CD 2020-O001) JUL 2020

252.225-7048 Export-Controlled Items JUNE 2013

252.225-7972 Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems.

(DEVIATION 2020-O0015)

252.227-7015 Technical Data--Commercial Items FEB 2014

252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports DEC 2018

252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.232-7017 Accelerating Payments to Small Business Subcontractors--Prohibition on Fees and Consideration APR 2020

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.247-7023 Transportation of Supplies by Sea--Basic FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a)Definitions. As used in this provision-

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

(b)Prohibition.

(1)Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

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

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

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

(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)Representations. The Offeror represents that--

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

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e)Disclosures.

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

(i)For covered equipment--

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

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

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

(ii)For covered services--

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

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

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

(i)For covered equipment--

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

(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)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--

REPRESENTATION (OCT 2020)

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

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

(c)Representations.

(1)The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2)After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ]does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY

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 KasperskyLab 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.]

X (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. 2402).

___ (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.)

X (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).

X (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 (SEP 2021) (15 U.S.C. 657a).

____ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (SEP 2021) (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 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (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 (SEP 2021) (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 (SEP 2021) (15 U.S.C. 657f).

X (22) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (SEP 2021) (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 (SEP 2021) (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 (SEP 2021) (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).

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

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

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

X (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

X (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.

X (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.

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

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

X (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 and13514).

____ (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.

X (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) 52.225-1, Buy American--Supplies (NOV 2021) (41 U.S.C. chapter 83).

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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 (JAN 2021) of 52.225-3.

____ (iii) Alternate II (JAN 2021) of 52.225-3.

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

X (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (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. 2302 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. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (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, thatthe 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) 52.222-41, 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).

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

_____ (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 2018) (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)_____ (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) (Section862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 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 and10 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)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or quote. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or quote. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

FAR Clauses: https://www.acquisition.gov/browse/index/far/ DFARS Clauses:

http://www.acq.osd.mil/dpap/dars/dfarspgi/current/

(End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

FAR Clauses: https://www.acquisition.gov/browse/index/far/ DFARS Clauses:

http://www.acq.osd.mil/dpap/dars/dfarspgi/current/

(End of clause)

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a)The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.

(b)The use in this solicitation of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)"after the name of the regulation.

(End of provision)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

(a)The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b)The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 Cerapter Chapter 2) clause with an authorized deviation is indicated by the addition of"(DEVIATION)" after the name of the regulation.

(End of clause)

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 who’s offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i)technical; (ii) past performance; and (iii) price

Technical and past performance, when combined, are more important than price.

(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)

***ADDENDUM to FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

Award will be made on a best value trade-off basis to the quote/offer that represents the Best Value to the Government.

The following three (3) factors shall be used to evaluate quote(s):

FACTOR I: Technical

1.Offerors shall provide the exact brand name product and part number in the quantity requested by the required delivery date.

NOTE: If the contractor fails to address in their quote submission any of the above, they will be deemed unacceptable and will not be further considered for award

The term “technical,” as used herein, refers to non-cost/price factors other than past performance. The purpose of the technical factor is to assess whether the Quoter’s proposal will satisfy the Government’s requirements. The Technical Evaluation Team shall evaluate the Quoter’s proposal against these requirements to determine whether the proposal is acceptable or unacceptable, using the ratings and descriptions outlined in the table below.

FACTOR II: PAST PERFORMANCE

Evaluation of past performance will be based on information obtained from FAPIIS/SPRS, CPARS, SAM, previous contracts, as well as any other sources which may have relevant information.

The Government will focus its inquiry of the Offeror’s record of past performance as it relates to timeliness, quality, cost control, and customer satisfaction. The Government will assign one Past Performance Confidence rating to each Offeror using the five levels of confidence as shown in “Past Performance Confidence” Table below. This rating will become the Offeror’s overall rating for Past Performance.

Factor II Grading Criteria – Past Performance Confidence:

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)). These offerors will be assigned the Neutral rating. However, the quote of an offeror with no relevant past performance history, while rated Neutral in past performance, may not represent the most advantageous quote to the government when compared to the quotes of other offerors.

FACTOR III: PRICE

Price will be evaluated in accordance with FAR 13.106-3(a).

The Quoter shall provide a single summary quote that supports the total amount of the deliverables listed under line item 0001. Pricing shall be firm-fixed price.

(End of provision)

Notice to Vendor(s): The Government reserves the right to cancel this solicitation, either before or after the closing date of receipt of quotations. In the event the Government cancels this solicitation, the Government has no obligation to reimburse the vendor for any costs.