D_SF1449_M6700121Q1031_Released.pdf

PDF 952 KB Posted Dec 17, 2020

Attached to: Repair, Overhaul, and Rebuild of Stokes Mechanical Pump
Solicitation number: M6700121Q1031
Issued by: United States Marine Corps

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SEE ADDENDUM

(No Collect Calls)

M6700121Q1031 10-Dec-2020

b. TELEPHONE NUMBER

252-466-3874

8. OFFER DUE DATE/LOCAL TIME

11:00 AM 17 Dec 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

M670019. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MARIA C RATTE

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

N6592321SU4AECR

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

M67001MARINE CORPS FIELD CONTRACTING SYS

ATTN: MARIA RATTE

PSC BOX 8018 - BLDG. 159

MCAS CHERRY POINT NC 28533-0018

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE N65923 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

N65923

WILLIAM NOAH ALLEN

BEACHY RD., BLDG. 148 - BAY DOOR E

MCAS CHERRY POINT NC 28533

TEL: 252-464-9690 FAX:

252-466-8492FAX:

TEL: 252-466-3874 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

811310

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF57

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

M6700121Q1031

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Off Site Repair and Rebuild

FFP

Complete repair, overhaul, and rebuild of a Stokes Mechanical Pump in accordance with Section 3.0 of the Performance Work Statement.

Model: 412H-11 Serial Number: 88605 Asset Number: 65923082808

In support of GM Furnace Serial Number:1289 Asset Number: 65923082808

Location: Building 4225

Cost shall not exceed the line item amount without advance written approval by the Contracting Officer.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

MILSTRIP: N6592321SU4AECR

PURCHASE REQUEST NUMBER: N6592321SU4AECR

PSC CD: J049

NET AMT

0002 1 Parts Major Repair Replacement Parts-Materials

FFP

Complete major repair of the Stoke Mechanical Pump in accordance with but not limited to Section 3.5 of the Performance Work Statement.

Model: 412H-11 Serial Number: 88605 Asset Number: 65923082808

In support of GM Furnace Serial Number:1289 Asset Number: 65923082808

Location: Building 4225

Cost shall not exceed the line item amount without advance written approval by the Contracting Officer.

FOB: Destination

MILSTRIP: N6592321SU4AECR

0003 1 Each Freight

FFP

The freight charges associated with this CLIN are an estimated amount and shall be on the same invoice as supplies are billed, but as a separate item. The amount billed for freight should be equal to the actual amount paid by the contractor. Any excess charges will NOT be paid. If the freight costs exceed $100.00, the freight bill must accompany the invoice.

Model: 412H-11 Serial Number: 88605 Asset Number: 65923082808

In support of GM Furnace Serial Number:1289 Asset Number: 65923082808 Location: Building 4225

FOB: Destination

MILSTRIP: N6592321SU4AECR

PERFORMANCE WORK STATEMENT

1.0 Scope. This Performance Work Statement defines the Government’s minimum requirements for the repair, overhaul, and rebuild of the Stokes Mechanical Pump (Model Number: 412H-11 and Serial Number:

88605) for the GM Furnace (Serial Number: 1289 and Asset Number: 65923082808) located in building 4225 at the Fleet Readiness Center East (FRCE), Cherry Point, NC. The Stokes Mechanical Pump will be shipped by the Government to the vendor’s site for rebuild. The Contractor shall assume responsibility for all freight charges to return the rebuilt Stokes Mechanical Pump (Model 412H-11) back to the Government.

2.0 Applicable Documents.

29 CFR 1910 – Occupational Safety and Health Standards OPNAVINST 5100.23 – Hearing Conservation and Noise Abatement, Chapter 18

FLEET READINESS INSTRUCTION (FRCEASTINST)

FRCEASTINST 5000.1B – Visitor/Contractor Site Specific Rules and Compliance FRCEASTINST 50901.1 – Environmental Compliance

3.0 Requirements.

3.1 General. The Stokes Mechanical Pump (Model Number: 412H-11) has been determined to be unusable. The Stokes Mechanical Pump needs to be rebuilt to full working capability. All work shall be performed in accordance with Federal and local regulations as defined by Section 2.0 of this Performance Work Statement, where they may apply.

3.2 Stokes Mechanical Pump Standard Rebuild and Overhaul. The Contractor shall provide all design, labor, parts and materials necessary to perform a full rebuild of the mechanical pump and return the mechanical pump to full working condition. The rebuild should include complete disassembly and cleaning of the mechanical pump. All consumable parts to be replaced, including any bearings, seals, gaskets, sight glass, exhaust valve springs, exhaust valve clappers, keys, lock nuts, lock washers, ball valves, solenoid valve, check valve, oil flow indicator, freeze plugs, motor bracket pins, taper lock bushing, shims, shaft sleeve, and painting. Painting shall match original equipment manufacturer finish.

3.3 Pre-Acceptance Testing. After rebuild and overhaul, the Contractor shall perform testing on the mechanical pump at their facility prior to returning the rebuilt mechanical pump to the Fleet Readiness Center East. The mechanical pump must be tested for vacuum pressure, vacuum leaks, oil leaks, pump down speed and load handling to insure the pump is operating at full capability. The Contractor is responsible for any corrective actions required. The Contractor shall provide one (1) copy of the test results performed on the mechanical pump with the returned rebuilt mechanical pump.

3.4 Acceptance Testing. The Fleet Readiness Center will perform acceptance testing upon arrival at the facility. The Contractor shall be responsible for the correction of any deficiencies identified by Fleet Readiness Center East.

3.5 Major repair. If the standard rebuild and overhaul is not sufficient to repair the mechanical pump to full working capability and major service work is required, the Contractor shall provide, prior to any major repair work commencing, to the Technical Point of Contact, a quotation with all items to be repaired/replaced by part numbers and part descriptions. The Technical Point of Contact may then provide written approval to the Contractor to make the major repairs so long as they do not exceed the the allowable maximum cost of $TBD. If the cost exceeds the maximum cost of $TBD, the Contracting Officer must be contacted prior to any major repair services commencing for written approval or declination.

3.6 Schedule. The Contractor shall have 120 calendar days to complete all work described above to include shipping the mechanical pump back to the Fleet Readiness Center East. This time limit shall not be exceeded without prior written approval from the Technical Point of Contact.

3.7 Warranty. The rebuilt mechanical pump, all parts and workmanship, shall be covered for a period of two years from the date of acceptance of the rebuilt mechanical pump at the Fleet Readiness Center East.

3.8 Shipping. The contractor shall pay for the return shipping of the mechanical pump back to the Fleet

Readiness Center East after it has been determined to be operating at full capability or in the event the mechanical pump cannot be repaired and must be returned to Fleet Readiness Center East.

Delivery Address ATTN: William Noah Allen FRC East Receiving Beachy Rd., Bldg. 148 Bay Door E Marine Corps Air Station Cherry point NC 28533

4.0 Points of Contact.

Technical Point of Contact:

William Noah Allen Phone: 252-464-9690 E-mail: william.n.allen@navy.mil

Customer Point of Contact:

76200, Command Operations Acquisition Procurement Division, Simplified Acquisition Procurement Support (SAPS) Branch

Primary: Stacy Sykes, stacy.sykes@navy.mil, 252-464-9382 Alternate: Stephanie Canady, stephanie.canady@navy.mil, 252-464-9301

5.0 Contractor Site Specific Rules and Compliance.

a. The FRC East has established a goal of providing a safe, secure, and environmentally sound workplace for every civilian, military, contractor, and visitor at all FRC East facilities. To that end, the FRC East has adopted and implemented additional safety programs to improve safety, quality, environmental, and security measures.

b. All individuals who enter or work in this facility are required to comply with all federal, state, local, and site specific safety, environmental, quality and security requirements and the terms and conditions of the FRCEASTINST 5000.1B, Enclosure (1) - FRC East Information Brochure, reference (a). All FRC East supervisors, managers, and employees who observe or are advised of noncompliance will report the issue through the proper chain of command and the appropriate Contract Point of Contact listed in Section 4.0 of this Performance Work Statement.

c. Any visitor/contractor not willing to acknowledge receipt of reference (a) and document willingness to comply shall not be authorized to enter the facility. Any individual authorized to enter the facility but later found not to comply with these requirements will be asked to immediately halt work. Actions that may be taken by FRC East due to noncompliance may include removal of authorization to enter the facility.

6.0 Contractor Performance Requirements.

a. All personnel working on site at the FRC East under this contract shall document their receipt and review of the information listed in reference (a) annually. Documented proof of all required certification training/licensing listed in the contract shall be available upon request by the Government.

b. All contractors performing work on behalf of FRC East and who have 10 employees at any time during the past calendar year, whose employees worked 1,000 or more hours in any quarter shall furnish FRC East their Total Case Incidence Rate (TCIR) for recordable nonfatal injuries and illnesses and their Days Away from Restricted work activity, and/or Job Transfer (DART) rate for the past three years.

c. Foreign Object (FO) is defined as any article or substance alien to the aircraft or assembly which is allowed to invade the product. Foreign object damage (FOD) is the damage that occurs due to these FOs.

All FRC East work sites shall be maintained in such a manner as to prevent FOD to aircraft and/or aircraft components. Work sites shall be kept clean at all times. All debris, scrap material, tools, and equipment will be cleared from the work site as work progresses. At no time shall hoses, power cords, materials, etc. be permitted to create tripping hazards in areas of the work site.

d. In those cases where a contractor supervisor determines that solving a safety or health problem is beyond their control, but within the control of FRC East, the contractor shall notify the appropriate point of contact identified in the contract.

e. All contractor employees performing work on site at FRC East shall immediately report any safety, security, or environmental violation to their contractor supervisor, as well as the cognizant FRC East Safety/Security/Environmental Offices provided in reference (a). The initial FRC East notification can be made via phone or e-mail and should include as many applicable details as possible (date, time, identification numbers, tags, company, etc.). This initial notification shall be made as soon as possible. A safety incident will require the contractor to complete and submit an incident memo to the appropriate point of contact identified in the contract, with a copy to FRC East Safety Office within twenty-four hours of accident/incident). This incident memo will include the full name of the person involved in the incident, age, sex, and job title, the name of the employing company and the contract number and title. In addition, this memo will include the severity of the illness or injury, indirect cause(s) or the accident and whether personal protective equipment was available and used.

f. Contractor supervisors shall take the FRC East Environmental Management System Awareness training

(EMS & Me) available on the external FRC East Web Page at http://www.navair.navy.mil/frce/ and convey the information to their personnel prior to entry into FRC East and annually thereafter (depends on the length of the contract). This training shall be documented with course name, date completed, employee name and signature. Contractor personnel may use company training completed documents (as long as the information requested is provided) or request a copy of FRC East training sheets via the Contract Project Manager.

g. All contractors and sub-contractors working within FRC East shall develop and operate effective safety and health programs.

h. When entering into FRC East industrial areas, contractor personnel shall wear the personal protective equipment (PPE) required for that area. PPE includes hearing protection, eye protection, and safety shoes. PPE will not be provided by the Government. Contractor personnel without the appropriate PPE will not be allowed access to the facility.

NMCARS 5237.102-90 ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING

APPLICATION (ECMRA)

1.0 In accordance with the Navy Marine Corps Acquisition Regulation Supplement (NMCARS) Part 5237.102-90 relating to Enterprise-wide Contractor Manpower Reporting Application (ECMRA):

2.0 The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this Purchase Order the Fleet Readiness Center East, MCAS Cherry Point, NC 28533 via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs).

The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications Transmission (D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

3.0 The contractor is required to completely fill in all required data fields using the following web address https://www.sam.gov.

4.0 Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://www.sam.gov.

UNAUTHORIZED WORK PERFORMANCE

The Contractor shall not perform work that deviates from the Purchase Order requirements and the Performance Work Statement. If the Contractor deviates from the Purchase Order requirements and the Performance Work Statement without the approval of the CONTRACT ADMINISTRATOR/CONTRACTING OFFICER, such deviation shall be at the risk of the Contractor and any costs related thereto shall be borne by the Contractor.

CONTRACT ADMINISTRATION

1.0 CONTRACT ADMINISTRATION FOR THE GOVERNMENT

a) The following representative of the Contracting Office shall be contacted for contract administration purposes:

Name: Maria Ratte Telephone: (252) 466-3874 DSN: 582-3874 Email: maria.ratte@usmc.mil

2.0 COMMUNICATIONS

a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicate with contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.

b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and is signed by the Contracting Officer or is pursuant to specific authority otherwise included as a part of this contract.

c) A Contracting Officer for the Marine Corps Air Station, Cherry Point, NC, is the only person authorized to approve changes in any of the requirements of this contract and, notwithstanding, provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than a designated Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made.

d) The contact information for the Contracting Officer is:

Name: Jennifer Burbage Address: Cherry Point Satellite Contracting Office PSC Box 8018 Bldg. 159, MCAS Cherry Point, NC 28533-0018 Phone: (252) 466-5044 DSN: 582-5044

SERVICE CONTRACT ACT OF 1965, WAGE DETERMINATION

a. This order is subject to the requirements of the Service Contract Act of 1965, as amended.

b. Pursuant to FAR 52.222-49, Service Contract Act – Place of Performance is TBD. A wage determination will be incorporated prior to contract award once the place of performance is known.

c. Wage Determinations Online Website: http://www.wdol.gov/.

SALES TAX EXEMPTION

The Contractor is hereby advised that the United States Government and Agencies thereof are exempt from State and Local Government tax by virtue of Article 6 of the United States Constitution. No exemption certificate is required.

SPECIAL INVOICING INSTRUCTIONS

Upon completion of this order (and prior to submittal of invoice in WAWF) the contractor shall submit an itemized invoice of actual costs incurred by the contractor for the completion of this requirement via e-mail to stacy.sykes@navy.mil.

Required replacement parts and materials are to be provided by the contractor in an amount not-to-exceed $TBD for CLIN 0002. Parts shall be billed at the contractor’s actual cost. The contractor shall submit a copy of their current price list or a copy of an invoice from the sources from which the parts were obtained in support of the requested cost of the parts.

The itemized breakdown must substantiate the total invoice amount. If an itemized invoice is not submitted, the Government will reject any invoices submitted in WAWF for payment.

ADDENDUM TO FAR 52.212-1

1) SUBMISSION OF QUOTES.

a) The vendor is responsible for ensuring that quotes are received in the Contracting Office no later than 11:00 A.M. (EST) on 17 December 2020 as indicated on page one (1) of this solicitation. Failure of vendor’s quote to be received prior to the hour and date specified may result in rejection of the quote.

b) Quotes shall be submitted electronically via e-mail to maria.ratte@usmc.mil

c) RFQ Number M67001-21-Q-1031 must be clearly shown in the subject line.

2) INSTRUCTIONS FOR THE PREPARATION OF QUOTES: The vendor shall submit the following as part of their quote:

a) Information that demonstrates the vendor’s ability to perform the services in accordance with the requirements of the Performance Work Statement within the required period of performance.

b) Quoted firm-fixed price for each line item shown – for completion of all services/supplies in accordance with the requirements of the Performance Work Statement.

c) Vendor must include unit price and total amount for each line item. Vendor shall quote FOB Destination pricing.

d) Completed SF1449 to include:

i) Signed/completed page 1 (Blocks 17 and 30)

ii) Completed Representations and Certifications: The following representations and certifications must be completed and returned as part of the vendor’s quote

FAR 52.212-3 (Note that vendor is only required to complete paragraph (b) if they have not completed annual representations and certifications via the System for Award Management (SAM) website.)

e) Past Performance Information, to include the following:

i) Vendors may submit at least three (3) relevant past performance references. Relevant past performance is defined as performance of contracts similar in technical complexity to this requirement. Include the following information for each contract listed:

(a) Agency or company name.

(b) Contract number (if applicable).

(d) Brief description of contract and relevance to this requirement.

(e) Total contract value.

(f) Period of performance.

ii) If a vendor has no relevant past performance history, a vendor must affirmatively state that it possesses no relevant past performance history.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 120 dys. ADC 1 N65923

WILLIAM NOAH ALLEN

BEACHY RD., BLDG. 148 - BAY DOOR E

MCAS CHERRY POINT NC 28533

252-464-9690 FOB: Destination

N65923

0002 120 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0003 120 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

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

CLAUSES INCORPORATED BY REFERENCE

52.203-18 Prohibition on Contracting With Entities That Require Certain

Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

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 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.213-3 Notice to Suppliers APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

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

252.222-7999 Combating Race & Sex Stereotyping NOV 2020 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7048 Export-Controlled Items JUN 2013 252.225-7974 (Dev) Representation Regarding Business Operations with the

Maduro Regime (DEVIATION 2020-O0005)

FEB 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items OCT 2020

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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 Items. 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.

(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--

(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);

(ii) For covered services--

(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)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)

(a) Definitions. As used in this clause--

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

(End of clause)

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”.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] 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, [ ___ ] 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 ITEMS (OCT 2014)

(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 award will be made using the best value trade-off process of price and non-price factors. For this reason, the final award decision may be made to other than lowest priced or highest technically rated quote. To determine the best value a comparative assessment of the quoter’s price, technical ability, past performance, and other evaluation factors identified elsewhere in this solicitation will be conducted.

(b) 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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2020)

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…

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