Combined Synopsis and Solicitation N3220521Q2528.docx

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LIFE RAFT RECERTIFICATION Federal contract opportunity
Solicitation number
N3220521Q2528
Issued by
Department of the Navy Military Sealift Command

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MILITARY SEALIFT COMMAND

N10 - CONTRACTS AND BUSINESS MANAGEMENT DIRECTORATE

COMBINED SYNOPSIS/SOLICITATION

Military Sealift Command Combined Synopsis and Solicitation Notice Information

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

2. Solicitation number is N3220521Q2528 and is being issued as a Request for Quotes (RFQ).

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

a. Federal Acquisition Circular (FAC) 2021-05, effective 3/10/2021 located on https://www.acquisition.gov/browse/index/far

b. DFARS Publication Notice 20210224, effective 2/24/2021 located at https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

4. The associated NAICS code is 811310 and the associated PSC/FSC code is J020 for this procurement: NOTE: A Class Waiver is not applicable to a procurement unless the NAICS code, PSC/FSC, and NAICS Code Descriptor currently in effect, match the item(s) being procured.

|_| is not being set-aside for small businesses.

|X| is being set-aside for Small Business. The small business size standard is 7.5.

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

SERVICES

CLIN
DESCRIPTION
LABOR
MATERIALS
TRAVEL/PER DIEM
TOTAL
0001
USNS HUMPHREY LIFERAFT

POP: Upon Award

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

Statement of Work:

ABSTRACT

The purpose of this item is to inspect, service and test the ship’s inflatable liferafts.

REFERENCES/ENCLOSURES

References IMO Resolution A.761(18) adopted on 4 November 1993, Recommendation on conditions for the approval of Servicing Stations for Inflatable Liferafts 46 CFR §160.151-57, Servicing Procedure USCG NVIC 4-86, 28 MAR 1986, Hydraulic Release Units for Liferafts, Life Floats and Bouyant Apparatus, and Alternate Float-Free Arrangements Enclosures Liferaft Required Equipment (LSA Code, Chapter IV Survival Craft, Section 4.2 Inflatable liferafts) 46CFR §199.261 Survival craft, SOLAS A Pack

ITEM LOCATION/DESCRIPTION/QUANTITY

Locations/Quantity 01 Level, Stbd, Fr. 90-100; Qty: Six (6) 01 Level, Port, Fr. 90-100; Qty: Six (6) 02 Level, Stbd Forecastle, Fr. 29; Qty: One (1) Description Mfg: Elliot CREWSAVER Model: MK 4 Date of MFR 2012 Capacity: 25 person GOVERNMENT FURNISHED EQUIPMENT/MATERIAL/SERVICE: None

NOTES

The contractor and all subcontractors, regardless of tier must consult the General Technical Requirements (GTR) to determine applicability to this work item. In performance of this work item, the contractor and all subcontractors regardless of tier must comply with the requirements of all applicable GTRs including but not limited to GTRs 1 through 7, 22, 23, 24, 28, and 29.

The contractor and all subcontractors regardless of tier are advised to review other work items under this contract, including but not limited to Work Items 023 and XXX to determine their effect on the work required under this work item. Many of the definitions relating to performance of this work item are found in Work Item 001.

SOLAS regulation III/20 – Operational readiness, maintenance and inspections SOLAS regulation III/36 – Instructions for onboard maintenance.

QUALITY ASSURANCE REQUIREMENTS: None additional

STATEMENT OF WORK REQUIRED

Receive From MSC Examine, test and repair the Inflatable Liferafts identified in 3.0 using SOLAS and USCG requirements by authorized service providers. Use References 2.1.1 through 2.1.3 and Enclosures 2.2.1 through 2.2.2 as guidance.

Adhere to the requirements of Reference 2.1.1 for the servicing station facility and personnel working on the Liferafts.

Record the following information on each Inflatable Liferaft and submit a report with the data to the OMT REPOMT REP:

Manufacturer' s name and address Liferaft model and serial number Month and year of manufacture SOLAS Pack (A or B) Number of persons the Liferaft is approved to carry The approval information Date last serviced Make and model of the hydrostatic release Length of painter MSC will provide Shipping to and from the inspection facility.

Perform the annual service, inspection and testing on all Inflatable Liferafts, as required by SOLAS III/Reg20/8 thru 9 and Reference 2.1.2.

Each inflatable liferaft serviced by a servicing facility approved by the Coast Guard must be inspected and tested using paragraphs 7.5.2 through 7.5.15 as guidance, and the manufacturer's servicing manual approved using §160.151-35(b)(1) as guidance.

The following procedures must be carried out at each servicing:

The working-pressure leakage test described in IMO Revised recommendation on testing, as amended by Resolution MSC.295(87), paragraph 2/5.1.5 (see §160.151-5 of this subpart), must be conducted.

Inflation hoses must be pressurized and checked for damage and leakage as part of the working-pressure leakage test, or in a separate test.

An inflatable floor must be inflated until it is firm and let stand for one hour. The inflatable floor must still be firm at the end of the hour.

The seams connecting the floor to the buoyancy tube must be checked for slippage, rupture, and lifting of edges.

Each item of survival equipment must be examined, and:

Replaced at the time of servicing if there is less than 6 months remaining before the expiration date; and Otherwise, repaired or replaced if it is damaged or unserviceable.

Each battery must be replaced with a fresh one if:

Its expiration date has passed;

It has no expiration date; or It is to return to service in an item of survival equipment, but its measured voltage is less than its rated voltage.

Each power cell for the top and inside canopy lights must be inspected and tested as prescribed in the servicing manual unless it is a battery serviced using paragraph 7.5.2 (f) this section. Each cell that is tested and found satisfactory may be reinstalled. Each cell that is outdated, is not tested, or fails the test must be replaced.

If the liferaft is equipped with an Emergency Position-Indicating Radio Beacon (EPIRB) or a Search and Rescue Transmitter (SART), the EPIRB or SART must be inspected and tested using the manufacturer's instructions as guidance. An EPIRB must be tested using the integrated test circuit and output indicator to determine whether it is operative. Each EPIRB or SART not operative must be repaired or replaced.

The manual inflation-pump must be tested for proper operation.

Each damaged, faded, or incorrect instruction label or identification label on the liferaft or its container must be replaced.

Each liferaft must be examined to ensure that it is properly marked with retroreflective material. The arrangement of the retroreflective material must meet the requirements of IMO Revised recommendation on testing, as amended by Resolution MSC.295(87). Damaged or missing retroreflective material must be replaced with Type I material approved under 46 CFR part 164, subpart 164.018, as complying with SOLAS.

Each inflation cylinder must be weighed. If its weight loss exceeds five percent of the weight of the charge, it must be recharged.

When an inflation cylinder is recharged for any reason, the following inflation-head components must be renewed:

The poppet-pin assembly, if any.

Each plastic or elastomeric seal, and each other part that deteriorates with age.

Each recharged inflation cylinder must stand for at least two weeks and be checked for leakage by weighing before being installed in a liferaft. An alternative mechanical or chemical test for fast detection of leakage may be used if the servicing manual approved by the Commandant using §160.151-35(b)(1) provides for it.

Each inflation cylinder that requires a hydrostatic test under 49 CFR §180.205 must be tested and marked using that section.

At every second servicing of a davit-launched liferaft, the launching-load test in paragraph 2/5.2 of IMO Revised recommendation on testing, as amended by Resolution MSC.295(87) must be conducted.

At every fifth annual servicing, before the conduct of the tests and inspections required in paragraphs 7.5.2 through 7.5.6 of this section, each liferaft must be removed from its container and, while still folded, inflated by the operation of its gas-inflation system.

Each liferaft showing minor leaks during the gas inflation test conducted using paragraph 7.5.7 of this section, may be repaired.

Each liferaft ten or more years past its date of manufacture must be condemned if it leaks extensively, or shows fabric damage other than minor porosity, during the gas inflation test conducted using paragraph 7.5.7 of this section.

After the gas inflation test conducted using paragraph 7.5.7 of this section, the liferaft may be evacuated and refilled with air for the tests in paragraphs 7.5.2 through 7.5.6 of this section.

At each annual servicing of a liferaft ten or more years past its date of manufacture during which the gas-inflation test in paragraph 7.5.7 of this section is not conducted, a “Necessary Additional Pressure” (NAP) test must be conducted. Before the tests and inspections required in paragraphs 7.5.2 through 7.5.6 of this section are conducted, the NAP test must be completed, using the following procedure:

Plug or otherwise disable the pressure-relief valves.

Gradually raise the pressure to the lesser of 2 times the design working pressure, or that specified in the manufacturer's servicing manual as sufficient to impose a tensile load on the tube fabric of 20 percent of its minimum required tensile strength.

After 5 minutes, there should be no seam slippage, cracking, other defects, or pressure drop greater than 5 percent. If cracking in the buoyancy tubes is audible, accompanied by pressure loss, condemn the liferaft. If it is not, reduce the pressure in all buoyancy chambers simultaneously by enabling the pressure-relief valves.

At each annual servicing of a liferaft 10 or more years past its date of manufacture, the integrity of the seams connecting the floor to the buoyancy tube must be checked by the following procedure, or an equivalent procedure specified in the manufacturer's approved servicing manual:

With the buoyancy tube supported a sufficient distance above the floor of the servicing facility to maintain clearance during the test, a person weighing not less than 75 kg (165 lb) shall walk or crawl around the entire perimeter of the floor of the liferaft.

The seams connecting the floor to the buoyancy tube must then be inspected for slippage, rupture, and lifting of edges.

The servicing facility must complete the following for each liferaft that passes these inspections and tests:

Permanently mark the liferaft on its outside canopy, or on a servicing-record panel on an interior portion of one of its buoyancy tubes near an entrance, with— The date of the servicing;

The identification and location of the servicing facility; and If applicable, an indication that the special fifth-year servicing was performed.

Permanently and legibly mark on the identification device provided using §160.151-17(c), or on the outside canopy of the liferaft, the name, if known, of the vessel on which the raft will be installed or the name, if known, of the vessel owner.

Affix an inspection sticker to the liferaft container or valise. The sticker must be of a type that will remain legible for at least 2 years when exposed to a marine environment, and that cannot be removed without being destroyed. The sticker must be about 100 mm × 150 mm (4 by 6 inches), with the last digit of the year of expiration superimposed over a background color that corresponds to the colors specified for the validation stickers for recreational-boat numbers in 33 CFR 174.15(c), and be marked with the Coast Guard identifying insignia using the requirements of 33 CFR 23.12 as guidance. The sticker must also contain the following:

The name of the manufacturer of the liferaft.

The year and month of expiration determined uisng paragraph 7.5.14 of this section.

Identification of the servicing facility, printed on the sticker or indicated on the sticker by punch using an approval code issued by the Commandant.

The expiration date of the servicing sticker is 12 months after the date the lifraft was repacked, except that:

For a new liferaft, the expiration date may be not more than two years after the date the liferaft was first packed, if— Date survival equipment in the liferaft will not expire before the sticker expiration date; and The liferaft will not be installed on a vessel certificated under SOLAS.

For a liferaft stored indoors, under controlled temperatures (between 0 °C (32 °F) and 45 °C (113 °F)), for not more than 6 months from the date it was serviced or first packed, the expiration date may be extended up to the length of time the liferaft remained in storage.

For a liferaft stored indoors, under controlled temperatures (between 0 °C (32 °F) and 45 °C (113 °F)), for not more than 12 months from the date it was serviced or first packed, the expiration date may be extended up to the length of time the liferaft remained in storage, if the liferaft is opened, inspected, and repacked in a servicing facility approved using §§160.151-49 and 160.151-51 as guidance. When the liferaft is opened— The condition of the liferaft must be visually checked and found to be satisfactory;

The inflation cylinders must be checked and weighed using paragraph 7.5.2(l) of this section;

All survival equipment whose expiration date has passed must be replaced; and All undated batteries must be replaced.

The servicing facility must remove and destroy the markings of Coast Guard approval on each liferaft condemned in the course of any servicing test or inspection.

Replace the Painter system, Weak link and Hydrostatic Release Unit on each Liferaft with USCG and SOLAS approved components rated for the intended service. See Reference 2.1.3 for guidance.

Testing is to be coordinated with the OMT REPOMT REP, ABS and USCG Surveyors to allow for random observation if deemed necessary.

Submit a Condition Report to the OMT REPOMT REP describing all as found conditions and any recommended repairs by liferaft outside the scope of this work item.

Mechanical clean all life raft cradles and foundations of all scale, loose and flaking paint and corrosion, using SSPC-SP3, Power Tool Cleaning as guidance. Apply two coats of Amercoat 240 followed by one full topcoat of Haze Gray Amershield to match the surrounding areas.

Upon completion of all inspections, tests and repairs NOTIFY MSC FOR PICKUP.

All work shall only be accomplished by trained, experienced and authorized service personnel for the specific liferafts.

Reports When inspection, service and testing reveal any deficiency a condition report is to be submitted to the OMT REPOMT REP with recommended repairs and parts required. Submit three (3) typewritten copies and one (1) electronic copy in Portable Document Format (PDF).

Submit a report that includes “as released” condition of the liferafts. Submit three (3) typewritten copies and one (1) electronic copy in Portable Document Format (PDF). The report is to include a completed Enclosure 2.2.2.

All reports and checklists are to be completed and signed by the person who carried out the inspection and maintenance work and countersigned by the Company’s representative.

Painting Prepare, prime, paint and restore all new, soiled, and disturbed surfaces to match surrounding surfaces.

Manufacturer’s Representative Provide the services of a Manufacturer’s Authorized Service Facility and personnel to perform any and all inspections, maintenance and tests to ensure proper operation and repair of the Liferafts using IMO and USCG requirements and manufacturer’s performance specifications as guidance. In addition, the Servicing Facility is to be a USCG and ABS recognized External Specialist for Inflatable Liferafts.

https://www.eagle.org/ABSEaglePrograms/es/es-search.jsp https://cgmix.uscg.mil/LifeRaftSearch/LiferaftSearch.aspx Provide the OMT REPOMT REP with a signed letter of qualification from the original equipment manufacturer, certificate of training for the equipment identified in 3.0 and ABS Certificate # prior to the start of any work.

Preparation of Drawings All reports and checklists shall be completed and signed by the person who carried out the inspection and maintenance work and countersigned by the Company's representative.

The servicing facility shall issue a certificate to the OMT REPOMT REP, using Reference 2.1.2 as guidance, for each liferaft it services. The certificate must include:

The name of the manufacturer of the liferaft The serial number of the liferaft The date of servicing and repacking A record of the fifth-year gas-inflation test, whenever that test is performed A record of the hydrostatic test of each inflation cylinder, whenever that test is performed A record of any deviation from the procedures of the manufacturer's servicing manual authorized by the OCMI using §160.151-53(d) as guidance The identification of the servicing facility, including its name, address, and the approval code assigned by the USCG Commandant using §160.151-51 as guidance The name, if known, of the vessel or vessel owner receiving the liferaft The date the liferaft is returned to the owner or owner's agent GENERAL REQUIREMENTS: None additional.

Enclosure 2.2.1 – Liferaft Required Equipment

Every Liferaft shall carry:

1
One (1) heaving line, attached to not less than 30 m of buoyant line;
2
One (1) knife of the nonfolding type having a buoyant handle and lanyard attached and stowed in a pocket on the exterior of the canopy near the point at which the painter is attached to the liferaft. In addition, a liferaft which is permitted to accommodate 13 persons or more shall be provided with a second knife which need not be of the nonfolding type;
3
For a liferaft which is permitted to accommodate not more than 12 persons, one buoyant bailer. For a liferaft which is permitted to accommodate 13 persons or more, two buoyant bailers;
4
Two (2) sponges;
5
Two (2) sea-anchors each with a shock resistant hawser and tripping line if fitted, one being spare and the other permanently attached to the liferaft in such a way that when the liferaft inflates or is waterborne it will cause the liferaft to lie oriented to the wind in the most stable manner. The strength of each sea-anchor and its hawser and tripping line if fitted shall be adequate in all sea conditions. The sea-anchors shall have means to prevent twisting of the line and shall be of a type which is unlikely to turn inside out between its shroud lines. The sea-anchor permanently attached to davit-launched liferafts and liferafts fitted on passenger ships shall be arranged for manual deployment only. All other liferafts are to have the sea-anchor deployed automatically when the liferaft inflates;
6
Two (2) buoyant paddles;
7
Three (3) tin-openers and a pair of scissors. Safety knives containing special tin-opener blades are satisfactory for this requirement; the tin openers and scissors required shall be of the safety type.
8
One (1) first-aid outfit in a waterproof case capable of being closed tightly after use;
9
One (1) whistle or equivalent sound signal;
10
Four (4) rocket parachute flares complying with the requirements of section 3.1;
11
Six (6) hand flares complying with the requirements of section 3.2;
12
Two (2) buoyant smoke signals complying with the requirements of section 3.3;
13
One (1) waterproof electric torch suitable for Morse signaling together with one spare set of batteries and one spare bulb in a waterproof container;
14
An efficient radar reflector, unless a survival craft radar transponder is stowed in the liferaft;
15
One (1) daylight signaling mirror with instructions on its use for signaling to ships and aircraft;
16
One (1) copy of the life-saving signals referred to in regulation V/16 on a waterproof card or in a waterproof container;
17
One (1) set of fishing tackle;
18
A food ration consisting of not less than 10,000 kJ (2,400 kcal) for each person the liferaft is permitted to accommodate. These rations shall be palatable, edible throughout the marked life, and packed in a manner which can be readily divided and easily opened, taking into account immersion suit gloved hands.
19
1.5 liters of fresh water for each person the liferaft is permitted to accommodate, of which either 0.5 liter per person may be replaced by a de-salting apparatus capable of producing an equal amount of fresh water in 2 days or 1 liter per person may be replaced by a manually powered reverse osmosis desalinator, as described in paragraph 4.4.7.5, capable of producing an equal amount of fresh water in 2 days.
20
One (1) rustproof graduated drinking vessel;
21
Anti-seasickness medicine sufficient for at least 48 h and one (1) seasickness bag for each person the liferaft is permitted to accommodate;
22
Instructions on how to survive; must be waterproof, be in English and be suspended in a clear film envelope from one of the arch tubes of the canopy.
23
Instructions for immediate action; must be waterproof, be in English and be suspended from the inside canopy, so they are immediately visible by survivors
24
Thermal protective aids complying with the requirements of section 2.5 sufficient for 10% of the number of persons the liferaft is permitted to accommodate or two, whichever is the greater.
25
One (1) repair outfit for repairing punctures in buoyancy compartments;
26
One (1) topping-up pump or bellows.

ENCLOSURE 2.2.2 TEMPLATE of MATRIX OF LIFERAFTS ONBOARD to be filled out by Contractor

Mfg Name
Model #
Serial #
Year

of mfg Capacity (men) Date last serviced

(M/YR)

XXX
XXX
XXX
XXXX
XX
XX/XXXX

**END OF SOW**

7. Delivery and acceptance will occur at various.

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

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

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

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

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

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

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

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

Responsible sources shall provide the following:

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

2. Total Firm Fixed price

3. Any Discount Terms

4. Estimated time of delivery

5. Technical Submission Requirements

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

b. For a Services buy, the quote shall contain all pre-award submission/certification requirements as defined in the statement of work (SOW).

6. Indicate principal place of performance and country of product origin.

7. Responses to the solicitation are due April 06, 2021 at 8:00 AM EST. Quotes may be e-mailed to Shawnda Forbes, shawnda.forbes@navy.mil. To be considered timely, an E-mail quote must be received in its entirety in the designated E-mail inbox by the due date and time for quote submission. Quotes received after that time will be considered at the Government’s sole discretion. Please reference the solicitation number on your quote.

Primary Point of Contact: Shawnda Forbes, shawnda.forbes@navy.mil

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

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

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

(ii) price;

Award shall be made to Appleton Marine as the sole source vendor by providing a technically acceptable quote at a fair and reasonable price.

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

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

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

(c) To consummate a binding contract between the parties, the successful quoter shall accept the purchase order in writing (see FAR 2.101).

(End of Provision)

10. Provision FAR 52.212-3, Offeror Representations and Certifications – Commercial Items applies to this acquisition. Complete and return with quote if required 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Nov 2020)

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

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

12. Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items (Nov 2020), applies to this acquisition along with the following FAR Clauses cited in the clause are applicable.

(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 items:

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (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 items:

[Contracting Officer check as appropriate.] X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (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. (Jun 2020) (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) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (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 (Jun 2020) (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 (Jun 2020) 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 (Mar 2020) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Nov 2020) (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 (Mar 2020) (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 (Mar2020) (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 (Mar 2020) (15U.S.C. 637(a)(17)).

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

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

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

X (30) (i) 52.222-26, Equal Opportunity (Sep 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).

__ (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 (Oct 2020) (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 (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 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).

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

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

__ (ii) Alternate I (Oct 2015) of 52.223-13.

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

__ (ii) Alternate I (Jun2014) 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 (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C.chapter83, 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 (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (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 (Jun 2008) (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. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (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 (Oct2018) (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).

X (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 (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

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

[Contracting Officer check as appropriate.] X (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

X (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) ( 29U.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).

X (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

X (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (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 items. 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 (Jun 2020) (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 (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (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 2015) (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 (Oct 2020) (22 U.S.C. chapter 78 and E.O 13627).

(B) Alternate I (Mar 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 (May2014) (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 (Oct 2015) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

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

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 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 (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

13. The following additional information is applicable to this acquisition:

Number
Title
52.203-11
Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions
52.203-12
Limitation on Payments to Influence Certain Federal Transactions
52.204-7
System for Award Management
52.204-13
System for Award Management Maintenance
52.204-16
Commercial and Government Entity Code Reporting
52.204-18
Commercial and Government Entity Code Maintenance
52.204-21
Basic Safeguarding of Covered Contractor Information System
52.204-24
Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
52.232-40
Providing Accelerated Payments to Small Business Subcontractors
252.203-7000
Requirements Relating to Compensation of Former DOD Officials
252.203-7005
Representation Relating to Compensation of Former DOD Officials
252.204-7003
Control of Government Personnel Work Product
252.204-7008
Compliance with Safeguarding Covered Defense Information Controls
252.204-7009
Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information
252.204-7012
Safeguarding Covered Defense Information and Cyber Incident Reporting
252.204-7015
Notice of Authorized Disclosure of Information for Litigation Support
252.204-7016
Covered Defense Telecommunications Equipment or Services--Representation
252.204-7017
Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services--Representation
252.204-7018
Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
252.223-7008
Prohibition of Hexavalent Chromium
252.225-7043
Antiterrorism/Force Protection for Defense Contractors Outside the United States
252.227-7015
Technical Data—Commercial Items
252.227-7037
Validation of Restrictive Markings on Technical Data
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
252.232-7010
Levies on Contract Payments
252.232-7017
Accelerating Payments to Small Business Subcontractors--Prohibition on Fees and Consideration
252.237-7010
Prohibition on Interrogation of Detainees by Contractor Personnel
252.243-7002
Requests for Equitable Adjustment
252.244-7000
Subcontracts for Commercial Items
252.246-7003
Notification of Potential Safety Issues
252.247-7023
Transportation of Supplies by Sea

MSC SPECIFIC WIDE AREA WORKFLOW (WAWF) INSTRUCTIONS

The information contained in this instruction is supplemental to DFARS 252.232-7006.

The information contained in the table in DFARS 252.232-7006 is for WAWF purposes only. Information included in DFARS 252.232-7006 and this WAWF instruction apply only to WAWF Invoicing and WAWF Receiving Reports. Contradictory information elsewhere in this contract, e.g. Ship to DoDAAC, shall be followed per the terms and conditions of the contract.

When entering the invoice into WAWF, the Contractor shall fill in the DoDAAC fields or DoDAAC extensions exactly as shown in the table in DFARS 252.232-7006. Fields that should not be filled in when entering the invoice into WAWF will be indicated with the direction, “Leave Blank.”

In some situations, the WAWF system will pre-populate the “Pay DoDAAC,” “Admin By DoDAAC” and “Issue By DoDAAC.” The Contractor shall verify that those DoDAACs automatically entered by the WAWF system match the information in the table in DFARS 252.232-7006. If these DoDAACs do not match, then the Contractor shall correct the field(s).

If Receiving Reports are required, ensure that the “Inspection” and “Acceptance” defaults of “destination” for both fields are not changed in the WAWF online interface.

The CLINs on the WAWF invoice shall be entered exactly as set forth in the contract document including CLIN number (e.g. 0001), Quantity (may be adjusted for actual quantity or dollar value delivered and invoiced), and Unit Price (e.g. $1.00). The dollar amounts on each CLIN or SubCLIN on the WAWF invoice shall reflect final performance values, but in no instance can the dollar amount for each CLIN or SubCLIN exceed what is specified in the contract document. The Contractor shall bill to the lowest level, e.g., the SubCLIN level. The Quantity and Unit of Measure fields must be filled out exactly as indicated in the CLINs and SubCLINs to reduce the possibility of the invoice being delayed or rejected during processing.

Before closing out of an invoice session in WAWF, but after submitting the document or documents, the Contractor will be given the option to send additional email notifications by clicking on the “Send More Email Notifications” link that appears on the page. The Contractor shall click on this link and add the Technical Point of Contact’s (TPOC) or Contracting Officer’s Representative’s (COR) email address in the first email address block and add any other additional email addresses desired in the following blocks. This additional notification to the Government is important to ensure the acceptor/receiver is aware that the invoice documents have been submitted into the WAWF system.

(End of instructions)

CAUTION - BRAND NAME ONLY

By accepting this purchase order, the Vendor expressly understands and acknowledges that this purchase order is only for the brand name items and parts identified in this purchase order and that the brand name items and parts constitute a material term of this purchase order. The Vendor shall not tender for delivery any substitute and/or alleged equal item or part. The Vendor is hereby warned that any substitute and/or alleged equal item or part tendered for delivery will be rejected by the Government as a non-conforming item and will provide a basis to cancel the purchase order or terminate the purchase order for cause. The Vendor shall be responsible for all costs, such as but not limited to shipping, delivery, repackaging, etc., and arrangements for the return of any non-conforming item.

(End of instructions)

WOOD PACKAGING MATERIAL (WPM) - ADDITIONAL…

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