CONBINED SYNOPSIS APPROVED.pdf

The Defense Logistics Agency, DLA Maritime Norfolk, Contracting Division, intends to negotiate a Firm Fixed Price contract to procure freight and installation of two suction type blast cabinets and cartridge for the Norfolk, Naval Shipyard, Portsmouth, Virginia 23709. The North American Industry Classification System (NAICS) Codes is 332311 (Other Commercial and Service Industry Machinery Manufacturing) and the procurement will be 100% set aside for small businesses. The contract line item is as follows:

CLIN 0001 INTERNAL GUARDRAIL T12 WS 22MM (NEW STYLE) PART NUMBER- 1752008B QTY 5

CLIN 0002 AR O-LEDGER LW 0.39M (1'2") PART NUMBER- 2601039B QTY 8

CLIN 0003 AR O-LEDGER LW 0.73 M (2'5") PART NUMBER- 2601073B QTY 72

CLIN 0004 AR O-LEDGER LW 1.09M (3'7") PART NUMBER- 2601109B QTY 28

CLIN 0005 AR O-LEDGER LW 1.40 M (4'7") PART NUMBER- 2601140B QTY 72

CLIN 0006 AR O-LEDGER LW 3.05M (10'0") PART NUMBER- 2601305B QTY 64

CLIN 0007 BASE COLLAR AR PART NUMBER- 2602000B QTY 16

CLIN 0008 AR SPINDLE ATTACHM. W. WEDGE HEAD PART NUMBER- 2602100B QTY 16

CLIN 0009 AR STANDARD W/CRIMPED SPIGOT 3'3" PART NUMBER- 2603100B QTY 12

CLIN 0010 AR STANDARD W/CRIMPED SPIGOT 6'6" PART NUMBER- 2603200B QTY 16

CLIN 0011 AR STANDARD W/CRIMPED SPIGOT 9'9" PART NUMBER- 2603300B QTY 54

CLIN 0012 CT-CONSOLE SIDE BRACKET 0.39M(1'2") PART NUMBER- 2631039B QTY 4

CLIN 0013 CT-CONSOLE SIDE BRKT 0.73M (2'5") PART NUMBER- 2631073B QTY 4

CLIN 0014 AR O-COMFORT P.STAIR 2.57X2.0X0.64 PART NUMBER- 2635257B QTY 5

CLIN 0015 AR WEDGE H. STAIR GUARDRAIL 2.57 M PART NUMBER- 2638258B QTY 5

CLIN 0016 AR O-STEEL TOE BOARD 0.73M T18 PART NUMBER- 2643073B QTY 12

CLIN 0017 AR O-STEEL TOE BOARD 1.09M T18 PART NUMBER- 2643109B QTY 4

CLIN 0018 AR O-STEEL TOE BOARD 1.40M T18 PART NUMBER- 2643140B QTY 10

CLIN 0019 AR O-ST.TOE BOARD 3.05M T18 10FT PART NUMBER- 2643305B QTY 30

CLIN 0020 AR DIAGONALE BRACE LW 1.40 X 2.00M (4'7") PART NUMBER- 2683140B QTY 32

CLIN 0021 AR C-DIAGONAL BRACE LW 3.05X2.00M PART NUMBER- 2683305B QTY 3

CLIN 0022 CT-STEEL DECK T9 3.05X0.32M (10'0") PART NUMBER- 3862305B QTY 84

CLIN 0023 BE ST-GAP COVER 3.07 X 0.32M PART NUMBER- 3881005B QTY 24

CLIN 0024 BASE PLATE ADJ. 0.60M (2'0") PART NUMBER- 4001060B QTY 16

The solicitation number will be SPMYM120Q0144. The solicitation is expected to be posted on or around 7 JUNE 2022 and will close on 14 JUNE 2022 and responses may be emailed to sheree.mcdonnell@dla.mil. Any questions must be written and sent by email provided above. Please make sure that the solicitation number (SPMYM120Q0144) is included in the subject line of any email correspondence. Emails without subject lines will not be read due to security issues.

Potential offerors are hereby notified that the solicitation and any subsequent amendments will only be available by downloading the documents at either www.neco.navy.mil or www.beta.sam.gov, as this office no longer issues hard-copy solicitations. By submitting a proposal, the vendor will be self-certifying that neither it nor its principal corporate officials and owners are currently suspended, debarred, or otherwise ineligible to receive contracts from any Federal agency.

mailto:sheree.mcdonnell@dla.mil

SPMYM122Q0144

Section SF 1449 - CONTINUATION SHEET

LOCAL INSTRUCTIONS

CONTACT INFORMATION, PALLETIZATION AND SHIPPING INSTRUCTIONS

CONTACT INFORMATION

If your company encounters any problems with this purchase order/contract, please contact Sheree mcDonnell by email at sheree.mcdonnell@dla.mil or by telephone at (757) 396-8888.

PALLET REQUIREMENT

Contractors (drivers) delivering material to the Norfolk Naval Shipyard must come with two forms of Identification, one being a driver license or picture ID card issued by a State. The other form required is a SSN card, birth certificate issued by a state, Native American document or US citizen card. Driver(s) will not be escorted unless they have to go into the CIA.

All items/boxes over 40 lbs under this solicitation and/or contract is required to be palletized. Delivery will not be accepted to any material that IS NOT palletized. The shipment will not be offloaded and will be returned.

Material sourced or otherwise procured from NUFLO, Inc. (Cage Code: 3BZG7) and/or Synergy Flow Systems (Cage Code: 4GP29) are prohibited to be offered, sold, exchanged, or delivered to Norfolk Naval Shipyard.

Contract Number MUST be noticeable on the outside of the package and on the packing documents. All shipments must have the Contact Number or the Lead JML number labeled on the outside of all boxes. If not labeled the Warehouse may at the time of delivery turn the material away at the company's cost for not being able to identify the material.

SHIPPING LABEL INSTRUCTIONS

All shipments must have a label on the outside of each box, clearly providing the following information, in addition to packing slips inside the box:

Lead Document Number: (N42158 21253167) Contract or Purchasing Number: (SPMYM122PXXXX) Government Purchasing Agent’s Name and Phone Number (if known): (sheree mcdonnell; 757-396-8888)

If a label cannot be generated, the info must be clearly marked on the outside of each container.

Address all questions or concerns regarding the labeling or shipping documents with the government purchasing agent before confirming acceptance of the order.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 5 Each

N4215821253167 GUARDRAIL

FFP

21253167

GUARDRAIL

INTERNAL GUARDRAIL T12 WS 22MM (NEW STYLE) PART NUMBER-

1752008B QTY 5

FOB: Destination

MILSTRIP: N4215821253167

PURCHASE REQUEST NUMBER: N4215821253167

PROJECT: YY9

PSC CD: 5440

NET AMT

0002 8 Each

N4215821253168 O-LEDGER

FFP

21253168

O-LEDGER

AR O-LEDGER LW 0.39M (1'2") PART NUMBER- 2601039B

FOB: Destination

MILSTRIP: N4215821253168

PURCHASE REQUEST NUMBER: N4215821253167

0003 72 Each

N4215821253169 O-LEDGER

FFP

21253169

O-LEDGER

AR O-LEDGER LW 0.73 M (2'5") PART NUMBER- 2601073B

FOB: Destination

MILSTRIP: N4215821253169

PURCHASE REQUEST NUMBER: N4215821253167

0004 28 Each

N4215821253170 O-LEDGER

FFP

21253170

O-LEDGER

AR O-LEDGER LW 1.09M (3'7") PART NUMBER- 2601109B

FOB: Destination

MILSTRIP: N4215821253170

PURCHASE REQUEST NUMBER: N4215821253167

0005 72 Each

N4215821253171 O-LEDGER

FFP

21253171

O-LEDGER

AR O-LEDGER LW 1.40 M (4'7") PART NUMBER- 2601140B

FOB: Destination

MILSTRIP: N4215821253171

PURCHASE REQUEST NUMBER: N4215821253167

0006 64 Each

N4215821253172 O-LEDGER

FFP

21253172

O-LEDGER

AR O-LEDGER LW 3.05M (10'0") PART NUMBER- 2601305B

FOB: Destination

MILSTRIP: N4215821253172

PURCHASE REQUEST NUMBER: N4215821253167

0007 16 Each

N4215821253173 BASE COLLAR

FFP

21253173

BASE COLLAR

BASE COLLAR AR PART NUMBER- 2602000B

FOB: Destination

MILSTRIP: N4215821253173

PURCHASE REQUEST NUMBER: N4215821253167

0008 16 Each

N4215821253174 SPIINDLE

FFP

21253174

SPINDLE

AR SPINDLE ATTACHM. W. WEDGE HEAD PART NUMBER- 2602100B

FOB: Destination

MILSTRIP: N4215821253174

PURCHASE REQUEST NUMBER: N4215821253167

0009 12 Each

N4215821253175 SPIGOT

FFP

21253175

SPIGOT

AR STANDARD W/CRIMPED SPIGOT 3'3" PART NUMBER- 2603100B

FOB: Destination

MILSTRIP: N4215821253175

PURCHASE REQUEST NUMBER: N4215821253167

0010 16 Each

N4215821253176 SPIGOT

FFP

21253176

SPIGOT

AR STANDARD W/CRIMPED SPIGOT 6'6" PART NUMBER- 2603200B

FOB: Destination

MILSTRIP: N4215821253176

PURCHASE REQUEST NUMBER: N4215821253167

0011 54 Each

N4215821253177 SPIGOT

FFP

21253177

SPIGOT

AR STANDARD W/CRIMPED SPIGOT 9'9" PART NUMBER- 2603300B

FOB: Destination

MILSTRIP: N4215821253177

PURCHASE REQUEST NUMBER: N4215821253167

0012 4 Each

N4215821253178 BRACKET

FFP

21253178

BRACKET

CT-CONSOLE SIDE BRACKET 0.39M(1'2") PART NUMBER- 2631039B

FOB: Destination

MILSTRIP: N4215821253178

PURCHASE REQUEST NUMBER: N4215821253167

0013 4 Each

N4215821253179 BRACKET

FFP

21253179

BRACKET

CT-CONSOLE SIDE BRKT 0.73M (2'5") PART NUMBER- 2631073B

FOB: Destination

MILSTRIP: N4215821253179

PURCHASE REQUEST NUMBER: N4215821253167

0014 5 Each

N4215821253180 STAIR

FFP

21253180

STAIR

AR O-COMFORT P.STAIR 2.57X2.0X0.64 PART NUMBER- 2635257B

FOB: Destination

MILSTRIP: N4215821253180

PURCHASE REQUEST NUMBER: N4215821253167

0015 5 Each

N4215821253181 GUARDRAIL

FFP

21253181

GUARDRAIL

AR WEDGE H. STAIR GUARDRAIL 2.57 M PART NUMBER- 2638258B

FOB: Destination

MILSTRIP: N4215821253181

PURCHASE REQUEST NUMBER: N4215821253167

0016 12 Each

N4215821253182 TOE BOARD

FFP

21253182

TOE BOARD

AR O-STEEL TOE BOARD 0.73M T18 PART NUMBER- 2643073B

FOB: Destination

MILSTRIP: N4215821253182

PURCHASE REQUEST NUMBER: N4215821253167

0017 4 Each

N4215821253183 TOE BOARD

FFP

21253183

TOE BOARD

AR O-STEEL TOE BOARD 1.09M T18 PART NUMBER- 2643109B

FOB: Destination

MILSTRIP: N4215821253183

PURCHASE REQUEST NUMBER: N4215821253167

0018 10 Each

N4215821253184 TOE BOARD

FFP

21253184

TOE BOARD

AR O-STEEL TOE BOARD 1.40M T18 PART NUMBER- 2643140B

FOB: Destination

MILSTRIP: N4215821253184

PURCHASE REQUEST NUMBER: N4215821253167

0019 30 Each

N4215821253185 TOE BOARD

FFP

21253185

TOE BOARD

AR O-ST.TOE BOARD 3.05M T18 10FT PART NUMBER- 2643305B

FOB: Destination

MILSTRIP: N4215821253185

PURCHASE REQUEST NUMBER: N4215821253167

0020 32 Each

N4215821253186 BRACE

FFP

21253186

BRACE

AR DIAGONALE BRACE LW 1.40 X 2.00M (4'7") PART NUMBER- 2683140B

FOB: Destination

MILSTRIP: N4215821253186

PURCHASE REQUEST NUMBER: N4215821253167

0021 30 Each

N4215821253187 BRACE

FFP

21253187

BRACE

AR C-DIAGONAL BRACE LW 3.05X2.00M PART NUMBER- 2683305B

FOB: Destination

MILSTRIP: N4215821253187

PURCHASE REQUEST NUMBER: N4215821253167

0022 84 Each

N4215821253188 STEL DECK

FFP

STEEL DECK

CT-STEEL DECK T9 3.05X0.32M (10'0") PART NUMBER- 3862305B

FOB: Destination

MILSTRIP: N4215821253188

PURCHASE REQUEST NUMBER: N4215821253167

0023 24 Each

N4215821253189 COVER

FFP

21253189

COVER

BE ST-GAP COVER 3.07 X 0.32M PART NUMBER- 3881005B

FOB: Destination

MILSTRIP: N4215821253189

PURCHASE REQUEST NUMBER: N4215821253167

0024 16 Each

N4215821253190 PLATE

FFP

21253190

PLATE

BASE PLATE ADJ. 0.60M (2'0") PART NUMBER- 4001060B

FOB: Destination

MILSTRIP: N4215821253190

PURCHASE REQUEST NUMBER: N4215821253167

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 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government 0016 Destination Government Destination Government 0017 Destination Government Destination Government 0018 Destination Government Destination Government 0019 Destination Government Destination Government 0020 Destination Government Destination Government 0021 Destination Government Destination Government 0022 Destination Government Destination Government 0023 Destination Government Destination Government 0024 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 10 dys. ADC 5 NORFOLK NAVAL SHIPYARD

NO POINT OF CONTACT (RECEIVING

DEPT)

NNSY

BLDG 276

PORTSMOUTH VA 23709-5000

FOB: Destination

N42158

0002 10 dys. ADC 8 (SAME AS PREVIOUS LOCATION)

0003 10 dys. ADC 72 (SAME AS PREVIOUS LOCATION)

0004 10 dys. ADC 28 (SAME AS PREVIOUS LOCATION)

0005 10 dys. ADC 72 (SAME AS PREVIOUS LOCATION)

0006 10 dys. ADC 64 (SAME AS PREVIOUS LOCATION)

0007 10 dys. ADC 16 (SAME AS PREVIOUS LOCATION)

0008 10 dys. ADC 16 (SAME AS PREVIOUS LOCATION)

0009 10 dys. ADC 12 (SAME AS PREVIOUS LOCATION)

0010 10 dys. ADC 16 (SAME AS PREVIOUS LOCATION)

0011 10 dys. ADC 54 (SAME AS PREVIOUS LOCATION)

0012 10 dys. ADC 4 (SAME AS PREVIOUS LOCATION)

0013 10 dys. ADC 4 (SAME AS PREVIOUS LOCATION)

0014 10 dys. ADC 5 (SAME AS PREVIOUS LOCATION)

0015 10 dys. ADC 5 (SAME AS PREVIOUS LOCATION)

0016 10 dys. ADC 12 (SAME AS PREVIOUS LOCATION)

0017 10 dys. ADC 4 (SAME AS PREVIOUS LOCATION)

0018 10 dys. ADC 10 (SAME AS PREVIOUS LOCATION)

0019 10 dys. ADC 30 (SAME AS PREVIOUS LOCATION)

0020 10 dys. ADC 32 (SAME AS PREVIOUS LOCATION)

0021 10 dys. ADC 30 (SAME AS PREVIOUS LOCATION)

0022 10 dys. ADC 84 (SAME AS PREVIOUS LOCATION)

0023 10 dys. ADC 24 (SAME AS PREVIOUS LOCATION)

0024 10 dys. ADC 16 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

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

Certifications.

DEC 2014

52.209-1 Qualification Requirements FEB 1995 52.211-6 Brand Name or Equal AUG 1999 52.211-14 Notice Of Priority Rating For National Defense, Emergency

Preparedness, and Energy Program Use

APR 2008

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation

(FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any

United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause.

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) Reserved.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

CLAUSES INCORPORATED BY REFERENCE

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2021

52.233-3 Protest After Award AUG 1996 52.246-1 Contractor Inspection Requirements APR 1984 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

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

MAY 2016

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

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

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic MAR 2022 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 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 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.246-7007 Contractor Counterfeit Electronic Part Detection and

Avoidance System

AUG 2016

252.246-7008 Sources of Electronic Parts MAY 2018 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

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)

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

COMMERCIAL SERVICES (MAY 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. 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.

"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 the field of operation in which it is bidding on Government contracts, 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.

"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 the 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.

(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 it [ ___ ] is, [ ___ ] is not a small business concern.

(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 [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(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 it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(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 [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(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 [ ___ ] is, [ ___ ] is not a women-owned small business concern.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program.