Combined Syn-Sol N6264925QB057.pdf

This is a COMBINED SYNOPSIS/SOLICITATION N6264925QB057 for commercial items prepared in accordance with the information in FAR Subpart 12.6, using Simplified Acquisition Procedures for commercial items found at FAR 13.5, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation; a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation SHALL be posted on both SAM.gov (https://sam.gov/) and NECO (http://www.neco.navy.mil/).

This solicitation documents and incorporates provisions and clauses in effect through Federal Acquisition Circular (FAC) 2025-03 and DFARS Publication Notice 20250117. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions.

The clauses may be accessed in full text at these addresses:

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

The NAICS code is 335210, to Procure Vacuum Dust Collector. This is a competitive, unrestricted action among sources duly authorized to operate and do business in JAPAN. Offerors may be required to submit additional documentation demonstrating their ability to perform in Japan prior to award.

It is the quoter’s responsibility to ensure all electronic media are readable by the Government.

All Contract Line Item Numbers (CLINs) shall have a firm-fixed unit price and total price.

Quotation for this RFQ must be on an “All or NONE” basis. Partial or incomplete quotations are ineligible for award.

Contractors may request clarification of any specification or contract term. No verbal requests for information will be accepted by the Contracting Officer or his/her Technical Representative. Contractor’s questions must be submitted to the Contract Specialist in writing via email: janice.o.arrieta.ln@us.navy.mil. All requests for clarification on the subject solicitation shall be emailed to the Contract Specialist by 11 March 2025 at 1600 hours Japan Standard time (JST). All questions and answers will be submitted via an amendment to the original solicitation.

This announcement will close and time for quote submission is on 28 March 2025 at 1000 hours Japan Standard Time (JST).

Offers received after this date and time will be considered non-responsive and will not be given further consideration. Please provide all submission to the Government Point of Contact: janice.o.arrieta.ln@us.navy.mil.

Additional Note:

Oral communications are not acceptable in response to this notice. All responsible sources may submit a quote which shall be considered by the agency.

Lack of registration in the System for Award Management (SAM) database will make a vendor ineligible for award.

Vendors may obtain information on registration and annual confirmation requirement by calling 1-866-606-8220, or via the internet at http://www.sam.gov.

All quotes shall include price(s), a point of contact to include, name, phone number, and e-mail address. Each response must clearly indicate the capability of the quoter to meet all specifications and requirements.

Quoter’s signature and date: Signature: Date: ______________

The NAVSUP, Fleet Logistics Center (FLC), Yokosuka, Contracting Department requests responses from qualified sources capable of providing:

CLIN 0001 VACUUM DUST COLLECTOR

FFP

QTY and Unit: 1 Group See detailed specification below and attached drawing Attachment (1) for details.

Required Delivery Date (RDD): 31 March 2026 Location: X-71 Paint Shop at Bldg. 2078, Ship Repair Facility and Japan Regional Maintenance Center (SRF- JRMC), U.S. Naval Base Yokosuka.

Price shall include all costs. See SUBMISSION OF QUOTATIONS on page 73.

Total Amount: 1 Group x @Japanese Yen (¥) or US Dollar ($) . Put one currency.

Contractor may submit in either U.S. Dollar or Japanese Yen. If providing Japanese Yen, JPY 145.7323/US$ (FY25 Budget Exchange Rate) will be used as conversion rate in accordance with FAR 52.225-17.

This solicitation/contract has the following attachments.

Attachment (1): Drawing Vacuum Dust Collector Attachment (2): Financial Information Data Sheet

WORK SPECIFICATION

PROCURE VACUUM DUST COLLECTOR, X71

1. General

a. The contractor shall design, fabricate, and provide one (1) vacuum dust collector (hereinafter referred to as “the equipment”) for X-71 Paint Shop at Bldg. 2078, Ship Repair Facility and Japan Regional Maintenance Center (SRF-JRMC), U.S. Naval Base Yokosuka.

b. The equipment will be used at dockside to suction and collect dust generated during sandblasting work in a docked ship.

c. Utilities connected to the equipment

(1) Electrical power, 480 VAC, 60 Hz, 3P3W

(2) Compressed air, 100 psig

d. Unless otherwise specified herein, the contractor shall furnish all labor, materials, equipment, transportation, and supervision necessary to set the equipment at the site.

e. The contractor shall have a local Japanese dealer network that provides maintenance services and repair parts.

2. Enclosure (Attachment)

(1) VACUUM DUST COLLECTOR

3. Reference

The contractor shall refer to the following standard documents to accomplish the work to the extent specified herein.

(a) 29 CFR 1910.212 – Occupational Safety and Health Standards Subpart O Machinery and Machine Guarding

(b) 29 CFR 1910.147 - Occupational Safety and Health Standards Subpart J General Environmental Controls

(c) A-A-59326 - Coupling Halves, Quick-disconnect, Cam-locking Type, General Specification for

4. Minimum requirement

Unless otherwise specified, stated values represent the minimum.

a. General Safety

All machine parts, components, mechanisms, and assemblies furnished on the unit shall comply with all specific requirements of “OSHA Safety and Health Standard (29CFR1910), General Industry. (Reference (a), (b)). After January 2, 1990, whenever replacement or major repair, renovation or modification of a machine or equipment is performed, and whenever new machines or equipment are installed, energy isolating devices for such machine or equipment shall be designed to accept a lockout device. (Reference (b))

b. Specifications

(1) Suction air flow rate measured at the suction port: 40 m3/min

(2) Vacuum pressure: -0.058 MPa (Gauge) or greater

(3) Rated motor output: 75±5 kW

c. Allowable operating voltage: 480 (+0/-20) Volts

d. External size: 2,700 mm(L) x 2,400 mm(D) x 3,000 mm(H) or smaller

e. Total weight: 5,700 kg (12,566 LBS) or less

f. Dust separation

(1) Centrifugal dust separator shall be provided at the first stage.

(a) Capacity of dust reservoir: 100L

(2) Bag filter shall be provided at the second stage.

(a) Filtration performance: 99.0% at 10μm

(b) Automatic air pulse cleaning function shall be provided.

(c) Capacity of dust reservoir: 150L

(3) When the dust reservoir becomes full, operation shall be automatically turned-off with alert.

(4) A means shall be provided to indicate lifetime of filters.

(5) All filters shall be replaceable.

g. The equipment shall be designed for outdoor marine usage as follows.

(1) All externally exposed ferrous parts shall be corrosion-resistant treated.

(2) Externally exposed fasteners shall be made of stainless steel, except where impracticable for strength reasons.

(3) All electric components shall be waterproof or contained in a waterproof enclosure.

(4) There shall be no hollows without drainage holes or other structures that could allow rainwater to accumulate.

(5) Rust-proof painted roof plate shall be provided.

(6) All labels and signs shall be displayed in a manner that will not be deteriorated by friction, salty water, ultraviolet rays, or other factors.

h. Suction piping shall be fabricated in accordance with Enclosure (1).

(1) Nominal pipe size: 6 inches

(2) The suction piping shall be branched by a T-pipe, with one suction port facing down and the other facing up.

(3) A cam-locking male coupling shall be connected by a flange to the suction port facing down.

(a) Conforming to A-A-59326.

(b) Material: Stainless steel

(c) Proposal model: 633-LAS SST (Mfr: TOYOX) or equivalent

(4) A cam-locking female cap shall be provided.

(a) Conforming to A-A-59326.

(b) Material: Aluminum

(c) Proposal model: 634-B AL 6” (Mfr: TOYOX) or equivalent

(5) The suction port facing up shall be blinded by a stainless steel blank flange for maintenance.

i. The exhaust port at the opposite side of the suction piping shall have a structure that prevents rainwater from entering.

j. To have a manually operated valve to adjust intensity of suction.

k. To have a vacuum pressure gauge.

l. To have a vacuum breaker to prevent damage due to excessive vacuum pressure.

m. The following electric components shall be provided with waterproof control box.

(1) Driving button

(2) Emergency stop button operable from outside

(3) Breaker with Ground Fault Circuit Interrupter (GFCI)

(4) Air pulse cleaning function switch (on-off-auto)

(5) Energization indicator

(6) Ammeter

(7) Warning indicator for overload, tank full, reversed-phase, and other abnormalities

(8) Driving hour meter with a range of 0 to 99,999.9 hours in increments of one (1) tenth of one (1) hour.

(9) Power cable

(a) Cable type: 2PNCT, 4 conductors

(b) Length: 45m

(c) Ring terminals for 1/2”-13 UNC terminal bolts shall be installed to each cable end.

n. Four (4) lifting padeyes shall be provided as follows.

(1) The lifting padeyes shall be firmly welded to the equipment so that they are in line with the lifting wires.

(2) Safety Working Load (SWL) per one (1) lifting padeye shall be or greater than 50% of the total weight.

(3) The lifting padeyes shall be painted in yellow.

(4) Sign of “LIFT HERE” shall be visibly indicated.

o. The equipment shall be provided with fork pockets with bottom plates to lift up the equipment with a forklift from at least two (2) directions.

(1) Pocket opening height: 150 ±5 mm

(2) Pocket opening width: 300 ±15 mm

(3) Interval of pocket (center-to-center): 1,500 ±50 mm

(4) There are no protruding parts that can be damaged when the equipment is lifted by a forklift.

p. Audible noise emitted by the equipment shall not exceed 98 decibels (dB), measured on the “A” weighted scale of a standard Type II sound level meter, at the operator's work position or any point at a distance of three (3) feet from the equipment. Noise generated by the work piece shall be excluded in determining compliance of the equipment with the 84 dB requirements.

q. Manufacturer, model number, serial number, manufacturing year and month, voltage, frequency, and total weight shall be visibly indicated.

r. Accessories

(1) Sheet cover

(a) Sheet cover to protect four (4) sides of the equipment against rainwater and ultraviolet rays.

(b) Sheet covers shall be easily removable.

(c) Material shall be fire-retardant and non-permeable for water.

(d) Thickness: 0.5 to 0.7 mm

(e) Proposal material: Color Tarpaulin (Mfr: Teijin) or equivalent

(f) Qty: 1 set

(2) Tools and materials required for operation and maintenance, 1 set

5. Operational test (before delivery)

a. The contractor shall conduct operational test to verify all functions and capabilities of the equipment at the manufacturer’s facility before delivery.

b. The operational test shall include, but not limited to, the following test items.

(1) Suction flow rate measured at the suction port

(2) Vacuum pressure

(3) Electric current in operation

(4) Operating test of all safety devices

(5) “A” weighted noise level at 3 feet on all sides of the equipment

c. The Government will have the option to attend and witness the operational test by the representative.

6. Delivery

a. The contractor shall deliver the equipment to X-71 Paint Shop, Bldg. 2078, SRF-JRMC Yokosuka.

b. If requested by the contractor, the Government can unload the equipment using forklift or crane.

7. Operational test (after delivery)

a. The contractor shall conduct the operational test to check that the equipment works properly at the site destination.

b. The Government will provide utilities listed in Paragraph 1.c.

c. The Technical Point of Contact (TPOC) will witness the operational test.

8. Training

a. The contractor shall conduct training for maintenance and operation for four (4) hours, in Japanese language.

b. Number of trainees will be up to ten (10) persons.

c. The contractor shall provide three (3) paper copies of training aids.

9. Document submission The contractor shall submit the following documents. Unless otherwise specified, documents shall be written in Japanese or English.

a. Pre-Fabrication documents

(1) The contractor shall submit the following documents to TPOC for review and approval before the start of work, no later than twenty-five (25) working days after contract award. Government technical review will be completed and returned with comments within 10 working days after receipt from the contractor.

(a) Sketch of the equipment and cover with dimensions and total weight

(b) Equipment function and capability

(c) Breaker capacity and cable size

(d) Catalog materials for commercial off-the-shelf items

(e) Work schedule

b. Operational test document

The contractor shall submit the operational test item, procedure, and acceptance criteria to TPOC for review and approval before ten (10) working days of the operational test. The technical review by TPOC will be completed and returned with comments within five (5) working days after receipt from the contractor.

c. Instruction manual

(1) The contractor shall submit the instruction manual in English and Japanese to TPOC for review and approval before the equipment delivery. The technical review by TPOC will be completed and returned with comments within ten (10) working days after receipt from the contractor.

(2) Instruction manual shall include the following contents.

(a) Safety guidance (Warnings and Cautions)

(b) Equipment specification (name/capacity/function)

(c) Allowable operating voltage and frequency

(d) Operation

(e) Lifting procedure

(f) Maintenance and Inspection (Item/cycle/Description)

(g) Troubleshooting

(h) Parts List

(i) Technical manuals of commercial off-the-shelf items

d. Completion documents

The contractor shall submit the following completion documents by three (3) paper copies in Japanese, one

(1) paper copy in English, and one (1) CD/DVD media at the equipment delivery. The technical review by TPOC will be completed and returned with comments within ten (10) working days after receipt from the contractor.

(1) Instruction manual

(2) Result of the operational test before delivery

(3) SDS (Safety Data Sheets) for all hazardous material in English

(4) Certification that the equipment contains no detectable (0.5 ppm or less) PCBs at the time of shipment, in English-Japanese bilingual

(5) Warranty sheet for one year

10. TPOC:

To be determined

CONTRACT ADMINISTRATION PLAN (CAP)

In order to expedite the administration of this contract, the following delineation of duties is provided. The names, addresses and phone numbers for these offices or individuals are included elsewhere in the contract award document. The office or individual designated as having responsibility should be contacted for any questions, clarifications, or information regarding the administration function assigned.

1. The Procuring Contract Office (PCO) is responsible for:

a. All pre-award duties such as solicitation, negotiation and award of contracts.

b. Any information or questions during the pre-award stage of the procurement.

c. Freedom of Information inquiries.

d. Changes in contract terms and/or conditions.

e. Post award conference.

PCO Name: TBD Phone: TBD

2. The Contract Administration Office (CAO) is responsible for matters specified in the FAR 42.302 and DFARS

42.302 except those areas otherwise designated as the responsibility of the TL or someone else herein.

Name: (Same as PCO)

3. The paying office is responsible for making payment of proper invoices after acceptance is documented.

Name: Defense Finance and Accounting Service, Japan Attn: Code JRLC

Bldg. 206, Unit 5220 Yokota Air Base, Fussa-shi, Tokyo, Japan (197-0001)

Phone: 0425-52-2511 Ext. 225-3202

DFARS 252.232-7003 & 7006 apply to this order. Payment shall be made through Wide-area Work Flow (WAWF).

4. It is emphasized that only the PCO/CAO has the authority to modify the terms of the contract. In no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the basic contract between the contractor and any other person be effective or binding on the Government. If in the opinion of the contractor an effort outside the scope of the contract is requested, the contractor shall promptly notify the PCO in writing. No action may be taken by the contractor unless the PCO has issued a contractual change.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 31-MAR-2026 1 SRF YOKOSUKA

X-71 BLDG 2078

HON-CHO 1-CHOME

YOKOSUKA 238-0041

046-816-4417 FOB: Destination

N62758

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.204-7 System for Award Management NOV 2024 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

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

SEP 2023

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

NOV 2023

52.225-14 Inconsistency Between English Version And Translation Of Contract

FEB 2000

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

JUN 2020

52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.247-34 F.O.B. Destination JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

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

JAN 2023

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7041 Correspondence in English JUN 1997 252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

JUN 2015

252.225-7048 Export-Controlled Items JUN 2013 252.225-7051 Prohibition on Acquisition of Certain Foreign Commercial

Satellite Services.

DEC 2022

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2024-O0014)

AUG 2024

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2024- O0014)

AUG 2024

252.225-7976 (Dev) Contractor Personnel Performing in Japan. (DEVIATION 2018-O0019)

AUG 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea OCT 2024

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

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.

52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)

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

Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.

Information technology, as defined in 40 U.S.C. 11101(6)--

(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use-

(i) Of that equipment; or

(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;

(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but

(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.

(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, "No TikTok on Government Devices" Implementation Guidance, collectively prohibit the presence or use of a covered application on executive agency information technology, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the Contractor under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the Contracting Officer provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-13.

(c) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for the acquisition of commercial products or commercial services.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY

MATTERS (OCT 2018)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management Management via https://www.sam.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments--

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

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

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

Source Selection Procedures

Lowest Price Technically Acceptable (LPTA)

The contract resulting from this solicitation will be awarded to the responsible quoter submitting a technically acceptable quote with the lowest quoted price.

Evaluation Factors Technical Specification Quotations Price

Evaluation Process

1. Evaluation of Technical Quotations

The quoter is required to submit the technical quote as stated in the solicitation. The Government will evaluate the technical specification quote submitted by the quoter and assess whether the offeror’s quote will satisfy the minimum requirement.

The technical specification quote shall include, but not limited to, the following:

(1) Specification sheet, catalog entry or equivalent document providing a detailed description of the system, including materials parts, its dimensions and function.

The technical quote will be determined as follows:

Rating Definition Acceptable Technical quotation clearly meets all the specifications of the solicitation.

Unacceptable Technical quotation does not clearly meet all the specifications of the solicitation.

The quote whose technical specification quote was rated “unacceptable” will not be further considered for award and will be excluded from competition or the competitive range.

2. Evaluation of Price

The price(s) quoted in response to the solicitation and the technical specification quotation is evaluated as Acceptable will be evaluated through price analysis to determine price reasonableness.

(b) Options. Reserved.

(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.

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

COMMERCIAL SERVICES (MAY 2024) ALTERNATE I (FEB 2024)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business (SDVOSB) concern" means a small business concern--

(1)(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled…