Combined Synopsis_Solicitation-Cold Spray.pdf
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- Services (Cold Spray) Federal contract opportunity
- Solicitation number
- N4215823Q0013
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This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Part 12, Acquisition of Commercial Items, using Simplified Acquisition Procedures under the test program for commercial items found at FAR 13.5, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. This combined synopsis/solicitation shall be posted on The Official U.S. Government System for Contract Opportunities at SAM.gov. The Request for Quotations (RFQ) number is N4215823Q0013. This solicitation documents and incorporates provisions and clauses in effect through FAC 2023-01 and DFARS Change 30 December 2022. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses: https://www.acquisition.gov/browse/index/far and http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html. The NAICS Code is 811310 (Commercial and Industrial machinery and Equipment (except Automotive and Electronic) Repair and Maintenance) and the size standard is $11,000,000. This acquisition is being competed on an other than full and open basis.
NNSY requires vendors capable of providing all required services, labor, material and equipment necessary to provide a successful Technical Service Representative. The contractor shall provide all Certified Technicians, transportation, equipment, parts, tools, materials, supervision, and all other items / services necessary to perform an inspection/evaluation of all VRC manufactured & installed cold spray system components for serviceability & accuracy including rebuild of Power Feeder. All inspections and repairs or adjustments shall be conducted in accordance with VRC Gen III™ Operations Manual.
RFQ closes and responses to this RFQ are due on or before Tuesday, 7 March 2023 at 16:00 AM EDT.
SEND Quotes and Questions directly to EMAIL Addresses at jonathan.g.castro.civ@us.navy.mil and courtney.t.woodley.civ@us.navy.mil.
By response to this Request for Quotes, the contractor agrees to service and deliver all items set forth or otherwise identified above and on any additional sheets subject to the terms and conditions specified.
If there are any questions, please contact Mr. Jonathan Castro or Mrs. Jewel Anderson who can be reached at email jonathan.g.castro.civ@us.navy.mil and courtney.t.woodley.civ@us.navy.mil https://www.acquisition.gov/browse/index/far http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html mailto:jonathan.g.castro.civ@us.navy.mil mailto:courtney.t.woodley.civ@us.navy.mil mailto:jonathan.g.castro.civ@us.navy.mil mailto:courtney.t.woodley.civ@us.navy.mil
Section SF 1449 - CONTINUATION SHEET
STATEMENT OF WORK
Statement of Work
VRC Cold Spray System Serial GEN III #VG3021 Inspection & Calibration
1. Introduction: The requiring activity is Norfolk Naval Shipyard (NNSY), Portsmouth, Virginia. NNSY currently requires a firm, fixed price Contract for located inside the Controlled Industrial Area (CIA) Building 163, 1st Floor, North End, X31 Cold Spray Area.
2. Performance: The contractor shall provide all Certified Technicians, transportation, equipment, parts, tools, materials, supervision, and all other items / services necessary to perform an inspection/evaluation of all VRC manufactured & installed cold spray system components for serviceability & accuracy including rebuild of Power Feeder. All inspections and repairs or adjustments shall be conducted in accordance with VRC Gen III™ Operations Manual.
2.1. Period of Performance: 3/10/2023 – 4/1/2023
3. Equipment Specifications: VRC Cold Spray System GEN III Serial # VG3021
4. Contractor Responsibilities: The contractor shall be responsible for the following.
4.1. Assessment: Contractor shall inspect/evaluate all VRC manufactured & installed cold spray system components for serviceability & accuracy.
4.2. Rebuild of Power Feeder: Contractor shall rebuild the powder feeder in accordance with manufacturer’s required specifications.
4.2.1. Contractor shall replace the following parts as applicable in accordance with GEN III ANNUAL CALIBRATION CHECKLIST, VRC form #CSF0004 Rev J.:
a) (V001207 or V004069) SHAFT, DRIVE, METERING WHEEL or ASSY, DRIVE
SHAFT, SHORT
b) (V001212) HSG, BRG, PF DRV
c) (V001544) CHECK VALVE, 3/8" CPM X 1/3 PSI CP, SS (for PF)
d) (V001550) TRANDUCER, PRESSURE, 0-1000 PSI
e) (V001880) THERMOCOUPLE, TYPE K, BENDABLE, 1/4"--1/4"
f) (V001881) THERMOCOUPLE, TYPE K, BENDABLE, 6" X 1/8"--1/8"
g) (V002049) CHECK VALVE, 1/2" CPM X 1/3 PSI CP, SS
h) (V002099) NUT, YOR-LOK, 1/8
i) (V002100) SLEEVE, FRONT AND BACK, YOR-LOK, 1/8
j) (V002103) NUT, CMP, ¼”
k) (V002199) BEARING, BRONZE, SLEEVE, .5 SHAFT X .625OD X 3/8L
l) (V002206) SPACER, DRIVE SHAFT, 1-1/2" DELRIN, POWDER FEEDER
m) (V002267) TRANSDUCER, PRESSURE, .25 MP, 0-3000 PSI
n) (V002371) BRG, BALL, 0.5 X 1.375 X .4375, DOUBLE SEAL
o) (V002600) FERRULE, SWAGELOK, 1/4", SET OF 2
4.2.2. Contractor shall evaluate the following parts in accordance with GEN III™ ANNUAL
CALIBRATION CHECKLIST, VRC form #CSF0004 Rev J. and replace them if damaged or out of tolerance:
a) (V001211) BLOCK, METERING, POWDER FEEDER
b) (V001219) BRG, THRUST, 3/4"ID X 1.25"OD X 1/16"THK
c) (V001372) HOSE, CARBON-FILLED PTFE, 1/4 X 24, 1/4 FJS, SS
d) (V001373 ) HOSE, CARBON-FILLED PTFE, 1/4 X 40, 1/4 FJS, SS
e) (V001374) HOSE, CARBON-FILLED PTFE, 1/4" X 120", 1/4" FJS, SS
f) (V002204) O-RING, VITON, 1/8"-252 (lid seal)
g) (V002205) SEAL, SHAFT, PTFE, HEAVY DUTY, .75"ID X 1.0"OD
h) (V002366) SPRING, WAVE, GAP TYPE, 4.5" DIA
i) (V002367) SPRING, WAVE, GAP TYPE, 5.38" DIA
j) (V002585) TUBE, PF FEED, DELRIN
k) (V002624) O-RING, .924 X .116, SAE PORT FITTING
l) (V003345) ASSY, FOLLOWER BLOCK
m) (V003825) BALL VALVE, 2 WAY, 1/4" NPT
5. Shipyard Responsibilities: The shipyard shall be responsible for the following.
5.1. Provide lifting and handling support if necessary
5.2. Provide any rags and cleaning solvents if necessary
5.3. Provide any material / consumables necessary to complete services
6. Certification of Work Requirements: Upon completion of the service the VRC technician shall present the completed GEN III™ ANNUAL CALIBRATION CHECKLIST, VRC form #CSF0004 Rev J, to the TPOC for verification, and provide a GEN III CERTIFICATE OF CALIBRATION, VRC form #CSF0015 Rev F, to the customer. TPOC shall verify that quality of services are accomplished in accordance with section 4 of this SOW after all services are complete.
7. FACILITIES ENTRY REQUIREMENTS: Contractor will need CIA access and PPE. "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 and Norfolk Naval Shipyard OSHE Program Manual, NAVSHIPYDNORINST P5090.2 requirements or safety requirements for site specific location of the contract."
7.1. Vehicle Entry: The company name shall be displayed on each door of the Contractor’s vehicles in a manner and size that is clearly visible. All vehicles shall display a valid state license plate that complies with State Vehicle Code. Vehicles shall meet all other requirement of the State Page 2 of 2 Vehicle Code, such as safety standards, and shall carry proof of insurance and state registration. Insurance and registration must be in the company’s name. Passes will be issued for vehicles to enter the shipyard. A separate pass is required for entering the Controlled Industrial Area (CIA).
7.2. Portable Electronic Device (PED): In accordance with COMSUBLANT/COMSUBPACINST 2075.1C, the use of Portable Electron Devices (PEDs) while in or on Department of Navy Controlled Industrial Areas 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. Non-camera cell phones are acceptable (feature phones). Where a laptop computer is required for troubleshooting and machine programming purposes, contractor must inform TPOC 2 weeks prior to visit to allow time to schedule inspections and vetting from NNSY IT department.
8. Critical time Constraints: All work shall be performed during working days between the hours of 7:20 AM and 3:50 PM excluding any federal holidays.
8.1. Schedule Service: The contractor shall coordinate with the TPOC at least 14 working days prior to service.
9. Location: Norfolk Naval Shipyard, Building 163, 1st Floor, North End, X31 Cold Spray Area.
10. Technical POC: Patrick A. Craig, Email: patrick.a.craig2.civ@us.navy.mil Phone: 757-536-3295 Russell Harris, Email: russell.r.harris.civ@us.navy.mil Phone: 757-636-4908
11. Invoice Certifying POC: Daniel Dietrich, Email: daniel.r.dietrich2.civ@us.navy.mil Phone: 757-404-9091
SPECIAL INSTRUCTIONS
Special Instructions to Offerors
Quotations shall be emailed to Jonathan G Castro (email: jonathan.g.castro.civ@us.navy.mil ) and to USFF_NNSY_C431@NAVY.MIL by Monday, March 7, 2023 at 0400 PM Eastern.
Questions relating to this notice shall be submitted in writing via the above email address no later than Friday, March 6, 2023 04:00 PM Eastern.
Required Documents:
Technical Acceptability will be evaluated to determine an overall rating of “acceptable” or “unacceptable”. This will be determined by evaluation the ability of the quoter to provide a sound, compliant approach that meets all requirements and demonstrates a thorough knowledge and understating of the Statement of Work (SOW) requirements. It is the contractor’s reasonability to ensure that their quotation clearly demonstrated their ability to perform these requirements.
Each quotation shall consist of the following documents, to include:
1. Completed SF 1449 with pricing for each line item being quoted in accordance with the Contract Line Item Numbers listed (CLIN).
2. Executed copies of an amendment (if applicable).
3. Completed FAR 52.212-3 Representations and Certification unless otherwise completed in SAM;
4. An approval/evidence from VRC Metal Systems stating that you can distribute or service VRC Metal System’s Cold Spray Components
5. Offerors shall complete FAR 52.222-42-Statement of Equivalent Rates for Federal Hires on page 34 if the solicitation
6. Ability to meet the period of performance as agreed to.
Award will be made to the offeror whose quote reflects a technically acceptable item or combination of technically acceptable items that result in the lowest aggregate price to the Government.
Price:
The estimated amount for each line item will be added together to determine the total estimated price which will become the evaluate price.
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.
The completion and submission of the above items will constitute a quote and will be considered the vender’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 mailto:patrick.a.craig2.civ@us.navy.mil mailto:russell.r.harris.civ@us.navy.mil mailto:daniel.r.dietrich2.civ@us.navy.mil mailto:jonathan.g.castro.civ@us.navy.mil mailto:USFF_NNSY_C431@NAVY.MIL
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Cold Spray Services
FFP
The contractor shall provide all Certified Technicians, transportation, equipment, parts, tools, materials, supervision, and all other items / services necessary to perform an inspection/evaluation of all VRC manufactured & installed cold spray system components for serviceability & accuracy including rebuild of Power Feeder. All inspections and repairs or adjustments shall be conducted in accordance with VRC Gen III™ Operations Manual.
Contractor shall replace the following parts as applicable in accordance with GEN III ANNUAL CALIBRATION CHECKLIST, VRC form #CSF0004 Rev J.:
a) (V001207 or V004069) SHAFT, DRIVE, METERING WHEEL or ASSY, DRIVE SHAFT, SHORT
b) (V001212) HSG, BRG, PF DRV
c) (V001544) CHECK VALVE, 3/8" CPM X 1/3 PSI CP, SS (for PF)
d) (V001550) TRANDUCER, PRESSURE, 0-1000 PSI
e) (V001880) THERMOCOUPLE, TYPE K, BENDABLE, 1/4"--1/4"
f) (V001881) THERMOCOUPLE, TYPE K, BENDABLE, 6" X 1/8"--1/8"
g) (V002049) CHECK VALVE, 1/2" CPM X 1/3 PSI CP, SS
h) (V002099) NUT, YOR-LOK, 1/8
i) (V002100) SLEEVE, FRONT AND BACK, YOR-LOK, 1/8
j) (V002103) NUT, CMP, ¼”
k) (V002199) BEARING, BRONZE, SLEEVE, .5 SHAFT X .625OD X 3/8L
l) (V002206) SPACER, DRIVE SHAFT, 1-1/2" DELRIN, POWDER FEEDER
m) (V002267) TRANSDUCER, PRESSURE, .25 MP, 0-3000 PSI
n) (V002371) BRG, BALL, 0.5 X 1.375 X .4375, DOUBLE SEAL
o) (V002600) FERRULE, SWAGELOK, 1/4", SET OF 2
Contractor shall evaluate the following parts in accordance with GEN III™ ANNUAL CALIBRATION CHECKLIST, VRC form #CSF0004 Rev J. and replace them if damaged or out of tolerance:
c) (V001372) HOSE, CARBON-FILLED PTFE, 1/4 X 24, 1/4 FJS, SS
d) (V001373 ) HOSE, CARBON-FILLED PTFE, 1/4 X 40, 1/4 FJS, SS
e) (V001374) HOSE, CARBON-FILLED PTFE, 1/4" X 120", 1/4" FJS, SS
f) (V002204) O-RING, VITON, 1/8"-252 (lid seal)
g) (V002205) SEAL, SHAFT, PTFE, HEAVY DUTY, .75"ID X 1.0"OD
h) (V002366) SPRING, WAVE, GAP TYPE, 4.5" DIA
i) (V002367) SPRING, WAVE, GAP TYPE, 5.38" DIA
j) (V002585) TUBE, PF FEED, DELRIN
k) (V002624) O-RING, .924 X .116, SAE PORT FITTING
MILSTRIP: N4215823RC30348
PURCHASE REQUEST NUMBER: N4215823RC30348
NET AMT
AMOUNT
Parts Needing Replacement
FFP
Contractor shall replace the following parts as applicable in accordance with GEN III ANNUAL CALIBRATION CHECKLIST, VRC form #CSF0004 Rev J.:
a) (V001207 or V004069) SHAFT, DRIVE, METERING WHEEL or ASSY, DRIVE SHAFT, SHORT
b) (V001212) HSG, BRG, PF DRV
c) (V001544) CHECK VALVE, 3/8" CPM X 1/3 PSI CP, SS (for PF)
d) (V001550) TRANDUCER, PRESSURE, 0-1000 PSI
e) (V001880) THERMOCOUPLE, TYPE K, BENDABLE, 1/4"--1/4"
f) (V001881) THERMOCOUPLE, TYPE K, BENDABLE, 6" X 1/8"--1/8"
g) (V002049) CHECK VALVE, 1/2" CPM X 1/3 PSI CP, SS
h) (V002099) NUT, YOR-LOK, 1/8
i) (V002100) SLEEVE, FRONT AND BACK, YOR-LOK, 1/8
j) (V002103) NUT, CMP, ¼”
k) (V002199) BEARING, BRONZE, SLEEVE, .5 SHAFT X .625OD X 3/8L
l) (V002206) SPACER, DRIVE SHAFT, 1-1/2" DELRIN, POWDER FEEDER
m) (V002267) TRANSDUCER, PRESSURE, .25 MP, 0-3000 PSI
n) (V002371) BRG, BALL, 0.5 X 1.375 X .4375, DOUBLE SEAL
o) (V002600) FERRULE, SWAGELOK, 1/4", SET OF 2 FOB: Destination
PSC CD: J049
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE
0001AA 1 Group
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001AB 1 Group
Parts Needing Evaluation
FFP
Contractor shall evaluate the following parts in accordance with GEN III™ ANNUAL CALIBRATION CHECKLIST, VRC form #CSF0004 Rev J. and replace them if damaged or out of tolerance:
c) (V001372) HOSE, CARBON-FILLED PTFE, 1/4 X 24, 1/4 FJS, SS
d) (V001373 ) HOSE, CARBON-FILLED PTFE, 1/4 X 40, 1/4 FJS, SS
e) (V001374) HOSE, CARBON-FILLED PTFE, 1/4" X 120", 1/4" FJS, SS
f) (V002204) O-RING, VITON, 1/8"-252 (lid seal)
g) (V002205) SEAL, SHAFT, PTFE, HEAVY DUTY, .75"ID X 1.0"OD
h) (V002366) SPRING, WAVE, GAP TYPE, 4.5" DIA
i) (V002367) SPRING, WAVE, GAP TYPE, 5.38" DIA
j) (V002585) TUBE, PF FEED, DELRIN
k) (V002624) O-RING, .924 X .116, SAE PORT FITTING
PSC CD: J049
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A N/A 0001AA N/A N/A N/A Government 0001AB N/A N/A N/A Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 N/A N/A N/A N/A
0001AA POP 10-MAR-2023 TO
01-APR-2023
N/A N/A
0001AB POP 10-MAR-2023 TO
01-APR-2023
N/A N/A
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.209-10 Prohibition on Contracting With Inverted Domestic NOV 2015
Corporations 52.212-1 Instructions to Offerors--Commercial Products and NOV 2021
Commercial Services 52.212-4 Contract Terms and Conditions--Commercial Products and DEC 2022
Commercial Services 52.222-41 Service Contract Labor Standards AUG 2018 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business NOV 2021
Subcontractors 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And APR 1984
Vegetation 52.245-9 Use And Charges APR 2012 252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011
Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information OCT 2016
Controls 252.204-7009 Limitations on the Use or Disclosure of Third-Party OCT 2016
Contractor Reported Cyber Incident Information 252.204-7012 Safeguarding Covered Defense Information and Cyber DEC 2019
Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation MAY 2016
Support 252.204-7018 Prohibition on the Acquisition of Covered Defense JAN 2021
Telecommunications Equipment or Services 252.204-7023 Reporting Requirements for Contracted Services. JUL 2021 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or SEP 2014
Hazardous Materials 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7048 Export-Controlled Items JUN 2013
252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)
252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)
MAY 2020
MAY 2020
252.232-7003 Electronic Submission of Payment Requests and Receiving DEC 2018 Reports 252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors-- DEC 2022
Prohibition on Fees and Consideration 252.237-7010 Prohibition on Interrogation of Detainees by Contractor JUN 2013
Personnel 252.244-7000 Subcontracts for Commercial Items DEC 2022 252.246-7003 Notification of Potential Safety Issues JUN 2013 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for OCT 2010
Military Operations 252.247-7023 Transportation of Supplies by Sea FEB 2019
CLAUSES INCORPORATED BY FULL TEXT
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
(a) Definitions. As used in this clause--
Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.
Registered in the System for Award Management (SAM) means that--
(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into SAM;
(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in SAM;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record ``Active''.
System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes—
(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;
(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12;
and
(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.
Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b) If the solicitation for this contract contained the provision 52.204-7 with its Alternate I, and the Contractor was unable to register prior to award, the Contractor shall be registered in SAM within 30 days after award or before three days prior to submission of the first invoice, whichever occurs first.
(c) The Contractor shall maintain registration in SAM during contract performance and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement. The Contractor is responsible for the currency, accuracy and completeness of the data within SAM, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in SAM after the initial registration, the Contractor is required to review and update on an annual basis, from the date of initial registration or subsequent updates, its information in SAM to ensure it is current, accurate and complete. Updating information in SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(d)(1)(i) If a Contractor has legally changed its business name or ``doing business as'' name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to--
(A) Change the name in SAM;
(B) Comply with the requirements of subpart 42.12 of the FAR; and
(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (d)(1)(i) of this clause, or fails to perform the agreement at paragraph (d)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the electronic funds transfer (EFT) clause of this contract.
(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR subpart 32.8, Assignment of Claims). Assignees shall be separately registered in SAM. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the ``Suspension of Payment'' paragraph of the EFT clause of this contract.
(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.
(e) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.sam.gov.
(End of clause) http://www.sam.gov/ http://www.sam.gov/ http://www.sam.gov/
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations.
(1) The Offeror represents that it [ ] does, [X ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ] does, [X ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
(i) Technical capability of the items offered meet the Government requirement (see Statement of Work).
(ii) Past Performance
(iii) Price
The relative order of importance of the evaluation factors are in descending order of importance.
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (DEC 2022) ALTERNATE I (OCT 2014)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision --
"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.
"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
"Sensitive technology"--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern"--
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13
CFR 121.103.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002", means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
"Veteran-owned small business concern" means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
"Women-owned small business concern" means a small business concern--
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.
(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs
[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that--
(i) It [ ] is, [ ] is not a small business concern; or
(ii) It [ ] is, [ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ]
(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it [ not a veteran-owned small business concern.
] is, [ ] is
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that--
(i) It [ ] is, [ ] is not a service-disabled veteran-owned small business concern; or
(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).
[The offeror shall enter the name and unique entity identifier of each party to the joint venture: .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.
(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ disadvantaged business concern as defined in 13 CFR 124.1002.
] is, [ ] is not a small
(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ owned small business concern.
] is, [ ] is not a women-
(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: .
(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).
[The offeror shall enter the name and unique entity identifier of each party to the joint venture: .]
(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ) is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and
(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone…
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