Combined Synopsis Solicitation.pdf

COMBINED SYNOPSIS/SOLICITATION NOTICE:

Requirement Title: Rental of one (1) 45’ Electric Articulating Boom Lift with a Jib, JLG E450AJ

Solicitation Number: N3904025Q0028

Response Deadline: January 22, 2025, at 12:30 PM (EST)

POC: Marilyn Fletcher Email: marilyn.g.fletcher2.civ@us.navy.mil

GENERAL INFORMATION:

1. This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued Paper copies of this solicitation will not be available. This combined synopsis/solicitation SHALL be posted on SAM.gov.

2. This solicitation documents and incorporates provisions and clauses in effect through FAC 2025-01 and DFARS Change Notice 10/10/2024. 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/change_notices.html.

3. This solicitation is being issued as a(n): Request for Quotation (RFQ)

4. This acquisition is for: Other than Full and Open

5. North American Industry Classification System Code (NAICS): 532490 Other Commercial and Industrial Machinery and Equipment Rental and Leasing

6. The size standard is: 40 (millions of dollars)

REQUIREMENT INFORMATION:

The Portsmouth Naval Shipyard requests responses from sources capable of providing the following:

Period of Performance: Base 02/15/2025-02/14/2026 o Option Year One Period of Performance from: 02/15/2026-02/14/2027 o Option Year Two Period of Performance from: 02/15/2027-02/14/2028

Place of Performance: Portsmouth Naval Shipyard, Kittery, ME, 03904

METHOD OF PROPOSAL SUBMISSION:

Offers shall be emailed. All responsible sources may submit a quote which shall be considered by the agency.

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

All quotes shall include the Request for Quote (RFQ) form filled out in its entirety (highlighted yellow fields are required).

REQUEST FOR QUOTATION

N3904025Q0028

THIS IS NOT AN ORDER

PLEASE PROVIDE DELIVERED PRICES, AVAILABILITY, AND PRICE SOURCE WITH QUOTE

REFERENCE # N3904025Q0028 DUE DATE: 01/22/2025 12:30 PM EST

From: Portsmouth Naval Shipyard Your company info:

marilyn.g.fletcher2.civ@us.navy.mil Name:

Contracting, Code 410.1 POC:

Kittery, ME 03904 (P) PHONE: 207-438-6349 Email:

Cage Code:

BUSINESS SIZE (circle one): SMALL LARGE PAYMENT TERMS ______%______DAYS

MOBILIZATION TIME: _________ARO PRICES DERIVED FROM (CHECK ONE)

F.O.B. DESTINATION, Y____N____ ___COMMERCIAL PRICE LIST DATED

IF NO, SHIPPING COST__________. ___INTERNAL PRICE LIST DATED

___OTHER ( PLEASE EXPLAIN )

Please indicate your preferred payment method by checking one of the options below. Payment options available are WAWF and GCPC: Government Commercial Purchase Card (up to $100,000). Please ensure that you register for WAWF (www.wawftraining.com) GCPC_____ WAWF (Wide Area Workflow) _____

*Please note that purchase card orders are not paid up front. Once material is received, a Government cardholder may be contacted for purchase card information.

_X__ If checked, to be awarded on an “All or None” basis, and CPARS evaluation procedures apply.

YOUR SIGNATURE___________________________________DATE________________________

ITEM DESCRIPTION QTY Unit Price Total

0001 Rental of 45’ Electric Articulating Boom Lift with a Jib, JLG E450AJ In accordance with the Statement of Work

52 Weeks

1001 Option to Extend Rental of 45’ Electric Articulating Boom Lift with a Jib, JLG E450AJ In accordance with the Statement of Work

52 Weeks

2001 Option to Extend Rental of 45’ Electric Articulating Boom Lift with a Jib, JLG E450AJ In accordance with the Statement of Work

52 Weeks

Period of Performance: Base 02/15/2025-02/14/2026 o Option Year One Period of Performance from: 02/15/2026-02/14/2027 o Option Year Two Period of Performance from: 2/15/2027-02/14/2028

Place of performance is: Portsmouth Naval Shipyard, Kittery, ME, 03904 For evaluation purposes, please provide any applicable procedures and technical information. If no information is provided, your quotation may be determined to be unresponsive.

Award may be made on the basis of adherence to the schedule and/or soonest mobilization.

Please provide published commercial labor rates and breakdown of total prices, if applicable, for Price Justification purposes.

CLAUSES:

Responsibility and Inspection: unless otherwise specified in the order, the supplier is responsible for the performance of all inspection requirements and quality control. The following FAR provisions and clauses are applicable to this procurement:

52.204-7 System for Award Management 52.204-9 Personal Identity Verification of Contractor Personnel 52.204-13 System for Award Management Maintenance 52.204-16 Commercial and Government Entity Code Reporting 52.204-17 Ownership or Control of Offeror 52.204-18 Commercial and Government Entity Code Maintenance 52.204-19 Incorporation by Reference of Representations and Certifications 52.204-20 Predecessor of Offeror 52.204-21 Basic Safeguarding of Covered Contractor Information Systems 52.204-22 Alternative Line Item Proposal 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 52.204-26 Covered Telecommunications Equipment or Services—Representation 52.204-29 Federal Acquisition Supply Chain Security Act Orders—Representation and Disclosures.

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction 52.211-15 Defense Priority and Allocation Requirements 52.212-2 Evaluation-Commercial Products and Commercial Services 52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services 52.212-3 ALT I Offeror Representations and Certifications—Commercial Products and Commercial Services-- Alternate I 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services 52.217-9 Option to Extend the Term of the Contract 52.219-6 Notice of Total Small Business Set-Aside 52.222-3 Convict Labor 52.222-21 Prohibition of Segregated Facilities 52.222-22 Previous Contracts and Compliance Reports 52.222-25 Affirmative Action Compliance 52.222-26 Equal Opportunity 52.222-50 Combating Trafficking in Persons 52.225-13 Restrictions on Certain Foreign Purchases 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran— Representation and Certifications 52.226-7 Drug-Free Workplace 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.232-15 Progress Payments Not Included 52.232-18 Availability of Funds 52.232-33 Payment by Electronic Funds Transfer—System for Award Management 52.232-36 Payment by Third Party 52.232-39 Unenforceability of Unauthorized Obligations 52.232-40 Providing Accelerated Payments to Small Business Subcontractors 52.233-3 Protest after Award 52.233-4 Applicable Law for Breach of Contract Claim 52.242-15 Stop-Work Order

52.242-17 Government Delay of Work 52.246-1 Contractor Inspection Requirements 52.247-34 F.O.B. Destination 52.252-1 Solicitation Provisions Incorporated by Reference 52.252-2 Clauses Incorporated by Reference 52.252-4 Alterations in Contract 52.252-5 Authorized Deviations in Provisions 52.252-6 Authorized Deviations in Clauses

Additional DFARS contract terms and conditions applicable to this procurement are:

252.203-7000 Requirements Relating to Compensation of Former DoD Officials 252.203-7002 Requirement to Inform Employees of Whistleblower Rights 252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7003 Control of Government Personnel Work Product 252.204-7006 Billing Instructions 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support 252.204-7016 Covered Defense Telecommunications Equipment or Services—Representation 252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-- Representation 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services 252.204-7020 NIST SP 800-171 DoD Assessment Requirements 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism 252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors

252.222.7999 Combating Race and Sex Stereotyping

252.223-7008 Prohibition of Hexavalent Chromium 252.225-7048 Export-Controlled Items 252.231-7000 Supplemental Cost Principles 252.232-7010 Levies on Contract Payments 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports 252.232-7006 Wide Area WorkFlow Payment Instructions 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel 252.243-7001 Pricing of Contract Modifications 252.244-7000 Subcontracts for Commercial Items 252.246-7003 Notification of Potential Safety Issues 252.247-7023 Transportation of Supplies by Sea

C-202-H001 ADDITIONAL DEFINITIONS – BASIC

C-204-H001 USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (OCT 2018)

C-211-H018 APPROVAL BY THE GOVERNMENT (NAVSEA) (JAN 2019)

C-212-W002 COMMERCIAL SUPPLIER AGREEMENTS

C-223-H003 EXCLUSION OF MERCURY (NAVSEA) (MAR 2019)

C-223-N002 RESTRICTIONS ON USE OF YELLOW MATERIAL (NAVSEA) (OCT 2018)

C-223-W002 ON-SITE SAFETY REQUIREMENTS (NAVSEA) (OCT 2018)

C-237-H001 ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (OCT 2018)

C-246-H001 EXTENSION OF COMMERCIAL WARRANTY

C-247-H001 PERMITS AND RESPONSIBILITIES (NAVSEA) (DEC 2018)

D-247-H002 PACKAGING OF SUPPLIES—BASIC (NAVSEA) (DEC 2020)

D-247-H004 MARKING AND PACKING LIST(S) – BASIC (NAVSEA) (FEB 2022)

D-247-H005 MARKING AND PACKING LIST(S) – ALTERNATE I (NAVSEA) (OCT 2018)

D-247-W001 PROHIBITED PACKING MATERIALS (NAVSEA) (OCT 2018)

E-246-H016 INSPECTION AND ACCEPTANCE OF F.O.B. DESTINATION DELIVERIES (OCT 2018)

F-242-H001 CONTRACTOR NOTICE REGARDING LATE DELIVERY

G-232-H002 PAYMENT INSTRUCTIONS AND CONTRACT TYPE SUMMARY FOR PAYMENT OFFICE

(NAVSEA) (JUN 2018)

G-232-H004 GOVERNMENT PURCHASE CARD METHOD OF PAY (NAVSEA) (OCT 2018)

G-232-H005 SUPPLEMENTAL INSTRUCTIONS REGARDING INVOICING (NAVSEA) (JAN 2019)

G-242-H001 GOVERNMENT CONTRACT ADMINISTRATION POINTS-OF-CONTACT AND

RESPONSIBILITIES (NAVSEA) (OCT 2018)

G-242-H002 HOURS OF OPERATION AND HOLIDAY SCHEDULE (NAVSEA) (OCT 2018

H-223-N001 INFORMATION ON EXPOSURE TO HAZARDOUS MATERIAL (NAVSEA) (JAN 2019)

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

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition—

(1)Is set aside for small business and has a value above the simplified acquisition threshold;

(2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation (FAR) 52.212- 3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation.

Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.

Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101–29, and copies of Federal specifications, standards, and product descriptions can be downloaded from the ASSIST website at https://assist.dla.mil.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained from the address in paragraph (i)(1)(i) of this provision.

(2) Most unclassified Defense specifications and standards may be downloaded from the ASSIST website at https://assist.dla.mil.

(3) Defense documents not available from the ASSIST website may be requested from the Defense Standardization Program Office by—

(i) Using the ASSIST feedback module ( https://assist.dla.mil/feedback); or

(ii) Contacting the Defense Standardization Program Office by telephone at 571–767–6688 or email at assisthelp@dla.mil.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-2 Evaluation—Commercial Products and Commercial Services

(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:

The Government will award a contract resulting from this solicitation to the responsible vendor whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The contract will be awarded to the vendor with the Lowest Price Technically Acceptable. Quotes will be evaluated based on the following criteria:

- Technical Acceptability

Must meet specifications and document capabilities to include, Adherence to Schedule (Award may be made based on delivery and ability to meet the requested schedule.)

- Price Lowest Price Technically Acceptable, after adherence to other factors

Vendors will be required to submit a quote that will be evaluated in accordance with the specifications provided in the solicitation, FAR 52.212-1 Instruction to Offerors. Failure to include pricing for all line items shall be cause for rejection of the quote for all line items.

Technical:

Please provide

Documentation demonstrating your capabilities in fulfilling the SOW.

Documentation demonstrating or stating your ability to adhere to the provided schedule.

Technical Evaluation Ratings Rating Description

Acceptable Submission clearly meets the minimum requirements of the solicitation, to include Adherence to Schedule

Unacceptable Submission does not clearly meet the minimum requirements of the solicitation

If the technical submittal is determined “Unacceptable”, it renders the entire quote technically unacceptable.

Technical submissions that do not meet the minimum requirements will be rated as “Unacceptable” and will no longer be considered for further competition or award.

Price:

The Price will be evaluated as Lowest Price Technically Acceptable, however, the Contracting Officer reserves the right to award based on ability to meet the required schedule.

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

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award

52.219-14 LIMITATIONS ON SUBCONTRACTING

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause—

[Contracting Officer check as appropriate.]

□ By the end of the base term of the contract and then by the end of each subsequent option period; or

□ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph

(e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(END OF COMBINED SYNOPSIS/SOLICITATION)