Combined Synopsis Solicitaion.pdf

N4215825Q0004

This is a COMBINED SYNOPSIS/SOLICITATION for commercial products or commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with 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 WILL be posted to SAM at https://sam.gov/.

The RFQ number is N4215825Q0004. This solicitation documents and incorporates provisions and clauses in effect through FAC 2024-07 effective on September 30, 2024, and the DFARS Change notice 20241010. 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 this address: https://www.acquisition.gov/.

The NAICS CODE is 532490, the Product Service Code (PSC) is W099, and the Size Standard is $40M.

The Government intends to solicit and contract a Firm Fixed Price (FFP) Single Award Contract, to provide the rental of one (1) 5,000 Gallon Tanker Trailer and one (1) diesel powered pump for JP-5 pumping for the (CVN 69) Dwight D. Eisenhower. The requirement will be solicited as Small Business set aside. Interested parties may identify their interest and capability to respond to the requirement and submit quotes. This notice of intent is a request for competitive quotes.

Norfolk Naval Shipyard (NNSY), Portsmouth, VA requests responses from qualified sources capable of providing one (1) 5,000 gallon tanker trailer and one (1) diesel powered pump for JP-5, rentals that are identified in the attached Statement of Work (SOW).

System for Award Management (SAM). Quoting vendors must be registered in the SAM database to be considered for award. Registration is free and can be completed on-line at http://sam.gov/.

To be considered for this opportunity, all quotes shall be submitted in either Microsoft Word, Excel spreadsheet or Adobe PDF. Quote must include both price and non-price, FOB Destination, a point of contact, name and phone number, business size, and payment terms. An award will be made based on Lowest Price Technically Acceptable (LPTA). Each quote must clearly indicate the capability of the vendor to meet all specifications and requirements in the SOW. Responses to this solicitation are due by 12:00 pm EST on Nov. 5, 2024. Email quotes to eboni.w.uwuseba.civ@us.mil.navy and shakir.o.shinaba.civ@us.navy.mil.

The vendor’s proposed price will be evaluated on the basis of price reasonableness. All prices must be considered fair and reasonable as determined by the Government. Price quote shall be held firm and valid for thirty (30) days (at minimum).

The completion and submission of the above items will constitute a quote and will be considered the vendor’s unconditional assent to the terms and conditions of this solicitation and any attachments and/or exhibits.

Failure to provide all of these documents by the required date and time may preclude a quotation from award consideration at the discretion of the Government.

NOTE: Quotations determined to be technically unacceptable shall not be further evaluated for award. For the technically acceptable quotations, the Government reserves the right to award to other than lowest price based upon a selection determined to be the best value to the Government, price and other factors considered.

mailto:eboni.w.uwuseba.civ@us.mil.navy mailto:shakir.o.shinaba.civ@us.navy.mil

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK

1. Scope:

1.1 Title: Temporary JP-5 Equipment-Sponson Connection

1.2 Job Order: 38HOW99218 S03

1.3 Location of work:

1.3.1 Inside NNSY waterfront CIA.

2. Reference:

2.1 NFPA 385, Standard for tank vehicles for flammable and combustible liquids

3. General Specifications: Tanker Trailer

3.1 Rental of one (1) 5,000 Gallon Tanker Trailer

3.1.1 Contractor to supply POC information (name and phone number) on the equipment.

3.1.2 Shall be cleaned and dry for JP-5 fuel service and be ready for immediate use upon delivery.

3.1.3 Tanker trailer must comply with NFPA 385, Standard for tank vehicles for flammable and combustible liquids.

3.1.4 Have pumping capability with by-pass 4” Camlock supply fitting (in the event NNSY provides local pumping capability).

3.1.5 Deliver and place tanker trailer at NNSY job site on pier 5A.

3.1.6 The total weight including all fluids must be stenciled on the tanker trailer with minimum

1” high letters.

3.1.7 Tanker Trailer must be capable of continuous operation. Normal duty for tanker trailer will be to supply JP-5 fuel to ship tanks in an emergency.

3.1.8 Tanker shall have one hose connection of 4” (Camlok) that can pump the complete contents of the tank.

3.1.9 Tanker Trailer must be free of leaks, cracks, and holes. Fittings shall be properly mounted and secure without cracks, leaks, bends, or breaks.

3.1.10 New or used equipment may be provided.

3.1.11 NNSY Technical POC listed below shall inspect the equipment PRIOR to delivery to

NNSY. NNSY reserves the right to request a different tanker trailer if the condition is deemed unsatisfactory.

3.2 Contractor Requirements: Tanker Trailer

3.2.1 Maintenance/Monthly Checks/Training

3.2.1 Upon arrival to NNSY for tanker trailer delivery, Contractor shall contact the Technical POC listed below to perform an inspection and also contact Temporary Service Zone Manager (TSZM) for information regarding placement of the tanker trailer at NNSY job site.

3.2.2 Visit NNSY tanker trailer installation site monthly and perform preventative maintenance and operational checks at no additional charge.

3.2.3 Contractor personnel shall contact the Temporary Service Zone Manager (TSZM) for authorization prior to any work or maintenance on rental unit.

3.2.4 Provide four (4) hours of training and written instructions for shipyard and ship’s force operators. Ensure training includes tank sequencing for removal of JP-5 to allow for proper weight distribution.

3.2.5 Contractor will not operate equipment.

3.2.6 Tanker trailer will be located in an area where it will be exposed to everyday weather and seawater mist. It is the contractor’s responsibility to provide any protective coverings for the tanker trailer.

3.2.7 The contractor shall dispatch a representative in response to a service request to repair and / or replace the tanker trailer within 24 hours of notification by NNSY at no additional charge.

3.2.8 When the equipment is required to be removed to the contractor’s facility for repair or replacement, the contractor shall be responsible for loss or damage from the time it leaves the Government Site until it is returned to the Government.

3.2.9 The Contractor must submit a claim separate from rental for lost items by Government personnel or equipment damaged beyond normal wear and tear. This is to be submitted no later than 60 days past the end of the rental period.

3.2.10 Contractor to provide options to allow NNSY to extend rental of tanker trailer on a monthly basis. The Government reserves the right to extend the rental period on a monthly basis if necessary. The Government reserves the right to return the unit at any time prior to the expiration of the extension rental period. The contractor agrees to prorate costs only for the time the tanker trailer in use by NNSY.

4.0 General Specifications: Diesel pump

4.1 Rental of one (1) diesel powered pump for JP-5 pumping with the following specifications:

4.1.1 Pump must be diesel powered.

4.1.2 Pump must provide 150 GPM (minimum) at 50 PSIG discharge pressure. Limit RPM of motor is

1500 RPM (maximum).

4.1.3 Pump must be able to prime automatically and quickly for suction lifts of up to 28 feet without use of foot valves.

4.1.4 Pump must have a 40-gallon (minimum) diesel fuel tank.

4.1.5 Pump must be a separate compact unit mounted on a trailer type chassis with integral fuel tank.

The total weight including all fluids must be stenciled on the unit with minimum 1” high letters.

4.1.6 Pump must be capable of continuous operation. Normal duty for pump will be to supply JP-5 fuel to ship tanks in an emergency.

4.1.7 Maximum working pressure of pump unit shall be 50 PSIG.

4.1.8 Hose connections: 3” suction and 2” discharge (Camlok).

4.1.9 Pump unit shall have discharge pressure gage (0 – 100 PSIG minimum range).

4.1.10 Pump unit shall have winterization features such as water jacket heaters and lube oil sump heaters to ensure rapid starting during freezing conditions.

4.1.11 Pump and associated equipment shall be free of leaks, cracks, etc.

4.1.12 Pump shall be operationally tested prior to delivering to NNSY. Pump shall be cleaned and dry for

JP-5 fuel service.

4.1.13 Provide one 3” suction hose x 20’ length with male/female Camlok end fittings suitable for JP-

5 fuel service. Hose assembly shall be free of leaks, cracks, chaffing, cuts, rips, tears, and any other damage. It shall be pressure tested and cleaned for JP-5 fuel service. Hose ends shall be blanked/capped to prevent debris from entering hose.

4.2 Contractor Requirements: Diesel Pump

Maintenance/Monthly Checks/Training

4.2.1 Provide POC information (name and phone number) on the equipment.

4.2.2 Upon arrival to NNSY for pump delivery, Contractor shall contact Temporary Service

Zone Manager (TSZM) for information regarding placement of the pump at NNSY job site.

4.2.3 Deliver and place JP-5 pump at NNSY job site on pier 5A.

4.2.4 Visit NNSY pump installation site monthly and perform necessary preventative and corrective maintenance and visual checks (fluid levels, system leaks, gauge, and battery) at no additional charge.

4.2.5 Contractor personnel shall contact the Temporary Service Zone Manager (TSZM) for authorization prior to any work or maintenance on rental unit.

4.2.6 Provide training and written instructions for shipyard operators on the proper operation and the performance of basic monitoring and visual checks of the pump.

4.2.7 Contractor will not operate equipment.

4.2.8 JP-5 pump will be located in an area where they will be exposed to everyday weather and seawater mist. It is the contractor’s responsibility to provide any protective coverings.

4.2.9 The contractor shall dispatch a representative in response to a service request to repair and / or replace the JP-5 pump within 24 hours of notification by NNSY at no additional charge.

4.2.10 When the equipment is required to be removed to the contractor’s facility for repair or replacement, the contractor shall be responsible for loss or damage from the time it leaves the Government Site until it is returned to the Government.

4.2.11 Contractor must submit a claim separate from rental, for lost items by Government personnel or equipment damaged beyond normal wear and tear. This is to be submitted no later than 60 days past the end of the rental period.

4.2.12 Contractor to provide options to allow NNSY to extend rental of JP-5 pump on a monthly basis. The Government reserves the right to extend the rental period on a monthly basis if necessary. The Government reserves the right to return the unit at any time prior to the expiration of the extension rental period. The contractor agrees to prorate costs for the time the JP-5 pump in use by NNSY only.

4.2.13 The Government agrees to give the contractor twenty-four (24) hours-notice for the return of the JP-5 pump and equipment if the return is prior to the expiration of rental period.

4.2.14 Contractor to contact NNSY 10 business days prior to the end of rental period to confirm pickup date.

4.2.15 Contractor is responsible for properly disposing of any JP-5 fuel IAW local, state, and federal regulations left in the tanker trailer upon the end of the rental period.

5 Period of Performance

SEE SCHEDULE

6 Government Responsibility:

6.2 Provide operators (Shop/Ship’s Force) for equipment.

6.2.1 Monitor oil/fuel levels.

6.2.2 Equipment movements.

6.2.3 Provide point of contact for delivery, escort and notification to contractor for rental pickup. Temporary Service Zone Manager (TSZM)

7 Safety Requirements:

7.2 "Per FAR 22.102-1(a) entitled "Safety", Contractors are hereby informed that their employees or representatives present on property under Norfolk Naval Shipyard cognizance must follow Federal and State OSHA requirements OSHE OSHECM Chapter Hazardous Energy Control (HEC) requirements or safety requirements for site specific location of the contract.

a. Contractors and Non-NNSY Government Agencies (NNGAs) are hereby informed that their employees or representatives present on property under Norfolk Naval Shipyard (NNSY) cognizance must adhere to Federal OSHA requirements for hazardous energy control IAW 29 CFR

1915.89 and must follow Hazardous Energy Control (HEC) procedures as identified in NAVSEA’s Occupational Safety, Health, and Environment Corporate Manual (OSHECM) Chapter 250 (latest revision), when performing work under NNSY contract. All HEC work to be performed by Contractors and NNGAs requires that NNSY Technical Points of Contact (TPOCs) and/or Contracting Officer’s Representatives (CORs) be notified of the HEC scope of work prior to starting work. Any changes or deviations in the initial scope of HEC work requires the NNSY TPOCs and/or CORs be informed of the change/deviation. Appendix 250.B-1 through B-3 of OSHECM Chapter 250 for multiple employer work identifies when Contractors and NNGAs are required to assign their Lockout/Tags-Plus Coordinator (LOTC) to coordinate HEC work with the cognizant NNSY LOTC. HEC locks shall be provided by the contractor or NNGA for their employees use. The HEC locks shall have red bodies with name labels or name tags affixed, identifying who installed the HEC lock(s) and a point of contact telephone number. HEC lock name labels and tags must be made of materials that will hold up to the environment to which they are exposed. HEC tags used for Tags-Plus HEC work shall be provided by the cognizant NNSY LOTC to the contractor or NNGA for their use if machinery, equipment, or systems (MES) cannot be locked out. OSHECM Chapter 250 Tags-Plus procedures will be strictly followed.

b. Contractors and NNGAs may obtain electronic copies of OSHECM Chapter 250 (latest revision) and access the OSHA 1915.89 web site by using the following link to NNSY’s public access web site: http://www.navsea.navy.mil/shipyards/norfolk/default.aspx

c. Names and contact information for NNSY LOTCs and/or the Building Monitor will be provided by NNSY TPOC and/or contracting officer representatives (COR) set forth elsewhere in this award document.

8 DBIDS

Identification Badges and Installation Access.

• Any new contractor, vendor or supplier requesting base access AFTER 31 May 2017 will be required to obtain a DBIDS credential. NCACS credentials will no longer be issued.

• Only DBIDS credentials will be issued to ALL contractors, vendors and suppliers seeking base access AFTER 14 August 2017.

Defense Biometric Identification System (DBIDS) increases installation security and communications by receiving frequent database updates on changes to personnel/credential status, law enforcement warrants, lost/stolen cards, and force protection conditions. The system provides a continuous vetting anytime the DBIDS card is scanned at an installation entry point.

If you currently have a Navy Commercial Access Control System (NCACS) card, the following is required to get a DBIDS credential:

• Present your NCACS Card and a completed copy of the SECNAV FORM 5512/1 to the base Visitor Control Center representative.

• The VCC will pull up your information in the computer, ensuring all information is current and correct.

• Once your information is validated, a temporary DBIDS credential is provided.

• Your temporary credential will have an expiration date, prior to which you will need to obtain your permanent DBIDS credential (~ 90 days).

• For each additional U.S. Navy installation to which you need access, the first time you visit you only need to bring your DBIDS credential and statement of purpose for base access when arriving at the Visitor Control Center.

• The representative will enter base access authorization and then you may proceed to work.

If you do NOT have an NCACS Card, the following is required to obtain a DBIDS credential:

• Present a letter or official document from my government sponsoring organization that provides the purpose for your access.

• Present valid identification, such as a passport or Real ID Act-compliant state driver's license.

• Present a completed copy of the SECNAV 5512/1 form to obtain your background check.

Upon completion of the background check, the Visitor Control Center representative will complete the DBIDS enrollment process, which includes your photo, finger prints, base restrictions, and several other assessments; after all this is done, you will be provided with your new DBIDS credential.

• You may now proceed to work.

FOR ADDITIONAL QUESTIONS ABOUT OBTAINING A DBIDS CARD, CONTACT YOUR LOCAL BASE

VISITOR CONTROL CENTER. INFORMATION IS ALSO PROVIDED AT: www.cnic.navy.mil/om/dbids.html

1.2. One-Day Passes. Participation in the DBIDS is not mandatory, and if the Contractor chooses to not participate, the Contractor's personnel will have to obtain daily passes, be subject to daily mandatory vehicle inspection, and will have limited access to the installation. The Government will not be responsible for any cost or lost time associated with obtaining daily passes or added vehicle inspections incurred by non-participants in the DBIDS.

PORTABLE ELECTRONIC DEVICES (PEDs) In accordance with COMSUBLANT/COMSUBPACINST 2075.1C, the use of Portable Electronic Devices (PEDs) while in or on Department of Navy Submarine spaces are prohibited. A portable electronic device (PED) is defined as any non-stationary electronic apparatus with singular or multiple capabilities of, but not limited to recording, storing, and/or transmitting data, voice, video, or photo images (e.g., cell phones, laptops, tablets and wearable devices such as fitness bands and smart watches).

INSTRUCTIONS TO OFFERORS

52.212-1 - Instructions to Offerors -- Commercial Products and Commercial Services (SEP 2023)

Addendum to 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (SEP 2023)

1) Inquiries - Inquiries and all correspondence concerning this solicitation document should be submitted in writing to Eboni Uwuseba at eboni.w.uwuseba.civ@us.navy.mil and also to Shakir Shinaba at shakir.o.shinaba.civ@us.navy.mil by 12:00 pm EST on Nov. 5, 2024. The Government is not required to provide responses to vendor’s inquiries or correspondence.

It is the quoter‘s sole responsibility to ensure that any quote, to include any other email correspondence, transmitted to the specified Government representative(s) is received prior to the due date specified herein.

The quoter’s are highly encouraged to contact the RFQ’s specified Government representative(s) prior to the RFQs date for receipt of quotes to ensure the Government receipt of the transmitted quote and to ensure quote eligibility. Quotes received after the date and time specified in the RFQ may render it ineligible for consideration or evaluation.

2) Quote Preparation The following instructions apply for the submission of quotes:

a. Quotes shall be submitted in two separate volumes:

mailto:eboni.w.uwuseba.civ@us.navy.mil mailto:shakir.o.shinaba.civ@us.navy.mil

Volume I –Technical Specifications and Delivery Volume II – Price

b. The technical quote shall not contain any reference to price. It is incumbent upon the vendor to provide a Technical Quote in sufficient detail to provide a clear and concise presentation that includes, but is not limited to, the technical requirements of the Request for Quote (RFQ).

c. The Government will evaluate quotes in accordance with the evaluation criteria set forth in FAR 52.212-2 of this RFQ.

3) Price Quote Instructions

The price quote shall be submitted separately from the Technical Specifications using the CLIN Structure of this solicitation.

4) Technical Specification Instructions

Vendor shall certify for equipment being quoted that their product meets each capability listed below and in the SOW by initialing below. In order to be considered for award, this must be completed and submitted with your quote.

Vendor hereby certifies that their service meets or exceeds all specifications in this solicitation and found within the SOW, in their entirety, with no exceptions. ________________________ (Initial)

52.212-2 – Evaluation – Commercial Products and Services (Nov 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible vendor whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Noncompliance with the solicitation requirements will raise serious concern regarding a quoter’s technical ability to fulfill this requirement and may be grounds to eliminate the quote from further consideration for contract award. The following non- price factors shall be used to evaluate offers:

• Technical Specifications

• Delivery

Technical Specification and Delivery, when combined, are significantly more important than price.

Price: The Government will evaluate the quoted prices to determine if they are fair and reasonable. The price quote shall include a unit price for each item and a total firm-fixed-price for all line items. The evaluated price will be determined by adding the sum of the extended pricing for CLIN 0001 through CLIN 0002 and CLIN 1001 through

CLIN 1002.

Each Vendor’s price quote must be based on the Government’s specifications and other contractual requirements. If the prices to be used are based on a published price list or catalog, the Vendor shall so state, and provide a copy of the document with its price quote. If the prices are to be based on established market prices, not otherwise published, or are prices applicable only to the proposed contract, the Vendor shall so state.

The Government intends to award without discussions; however, the Government may conduct discussions if determined necessary. Each quoter should recognize that its initial price and non-price quote may be used as the sole and final basis for award and should quote accordingly.

Evaluations will be based solely on the materials included in the quotes. Therefore, the Vendor’s initial quote should contain their best terms. After receipt of quotes, the Government will conduct an evaluation. However, during the evaluation process, the Government may, solely at its discretion, communicate with quoters regarding clarification of quote elements. At any time prior to selection, including upon receipt of quotes, the Government may exclude a quote from further consideration for any material failure to follow instructions or including the omission of required information.

(b) Options: Provide options to allow NNSY to continue rental of tanker trailer and diesel pump in one month increments. The government reserves the right to extend the rental period for an additional six (6) months (180 days) in monthly (30- day) increments. The rental of one or more units may be terminated based on use by NNSY.

This charge will be prorated.

(c) A written notice of award or acceptance of a quote, mailed or otherwise furnished to the successful vendor within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party.

Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Rental of One JP-5 Diesel Pump

FFP

Rental of One JP-5 Diesel Pump in accordance with Statement of Work found herein.

Monthly Rate Weekly Rate Daily Rate FOB: Destination

MILSTRIP: N4215825RC50007

PURCHASE REQUEST NUMBER: N4215825RC50007

PSC CD: W099

NET AMT

0002 12 Months Rental of One 5000 Gallon Tanker Trailer

FFP

Rental of One 5000 Gallon Tanker Trailer in accordance with Statement of Work found herein.

Monthly Rate Weekly Rate Daily Rate FOB: Destination

MILSTRIP: N4215825RC50007

1001 4 Months Rental of One JP-5 Diesel Pump

FFP

Rental of One JP-5 Diesel Pump in accordance with Statement of Work found herein.

Monthly Rate Weekly Rate Daily Rate FOB: Destination

MILSTRIP: N4215825RC50007

1002 4 Months Rental of One 5000 Gallon Tanker Trailer

FFP

Rental of One 5000 Gallon Tanker Trailer in accordance with Statement of Work found herein.

Monthly Rate Weekly Rate Daily Rate FOB: Destination

MILSTRIP: N4215825RC50007

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 0002 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 06-JAN-2025 TO

05-JAN-2026

N/A NORFOLK NAVAL SHIPYARD

SEE SCHEDULE

SEE STATEMENT OF WORK

PORTSMOUTH VA 23709-5000

FOB: Destination

N42158

0002 POP 06-JAN-2025 TO

05-JAN-2026

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 06-JAN-2026 TO

30-APR-2026

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 06-JAN-2026 TO

30-APR-2026

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-16 Commercial and Government Entity Code Reporting 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

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

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

NOV 2023

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns FEB 2024 52.219-28 Post-Award Small Business Program Rerepresentation FEB 2024 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons NOV 2021 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

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

JUN 2020

52.227-1 Authorization and Consent JUN 2020 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.247-34 F.O.B. Destination JAN 1991 52.252-6 Authorized Deviations In Clauses NOV 2020 252.201-7000 Contracting Officer's Representative DEC 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 252.204-7009 Limitations on the Use or Disclosure of Third-Party

Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

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

JAN 2023

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

JAN 2023

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

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)

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

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

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

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

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

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

___ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (6) [Reserved]

___ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

L. 111-117, section 743 of Div. C).

___ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

___ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders--Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).

___ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L.

115-390, title II).

___ (ii) Alternate I (DEC 2023) of 52.204-30.

X (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

___ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (14) [Reserved]

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

X (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (17) [Reserved]

X (18)(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.

____ (19)(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.

X (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

____ (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

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

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

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

____ (v) Alternate IV (SEP 2023) of 52.219-9.

____ (22) (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.

____ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

____ (26) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).

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

____ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

____ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

____ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

X (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

____ (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

X (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

X (35)(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 (36)(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 (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

X (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

X (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

____ (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (41)(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.)

____ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (44) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (45) 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

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

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

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

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

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I [Reserved].

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

____ (iv) Alternate III (FEB 2024) of 52.225-3.

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

____ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

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

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

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

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

5150).

____ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O.

13513).

____ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C. 3805).

____ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

X (59) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (31 U.S.C.

3332).

____ (60) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

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

55305 and 10 U.S.C. 2631).

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

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

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

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

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

chapter 67).

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

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

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

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

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

13658).

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

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

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

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

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

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

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

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

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

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117-328).

(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115- 390, title II).

(B) Alternate I (DEC 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (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.

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

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

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

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

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

(xiv) 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.

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

(xvi) _____ (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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).

(xvii) 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.)

(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain…