M00318-21-Q-0019.docx

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Uninterrupted Power Supply (UPS) Capacitor Replacement Federal contract opportunity
Solicitation number
M0031821Q0019
Issued by
United States Marine Corps

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M0031821Q0019

Section SF 1449 - CONTINUATION SHEET

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
42
Each

CAP 92uF 580VAC Capacitors

FFP

FOB: Destination

PSC CD: 6110

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
24
Each

CAP 13500uF 350VDC Capacitors

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
6
Each

CAP 46uF 580VAC Capacitors

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
4
Each

CAP 2uF 660VAC Capacitors

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
2
Each

CAP 13000uF 50VDC Power Supply Capacitor

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each

Installation

Labor to include:a site visit, removal of existing capacitors, installation, system set-up, testing, cut-over, customer training, and disposal/recycling of existing equipment. Please quote hourly rate at $_____ and ____ hours required for labor.

NET AMT

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC / CAGE
0001
30 dys. ADC
42
DISTRIBUTION MANAGEMENT OFFICE

TERESA HALL

BLDG 209

MARINE CORPS BASE HAWAII

MCBH KANEOHE BAY HI 96863-3063

808-257-4265

M00318

0002
30 dys. ADC
24
(SAME AS PREVIOUS LOCATION)

M00318

0003
30 dys. ADC
6
(SAME AS PREVIOUS LOCATION)

M00318

0004
30 dys. ADC
4
(SAME AS PREVIOUS LOCATION)

M00318

0005
30 dys. ADC
2
(SAME AS PREVIOUS LOCATION)

M00318

0006
45 dys. ADC
1
(SAME AS PREVIOUS LOCATION)

M00318

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

CLAUSES INCORPORATED BY REFERENCE

52.212-1
Instructions to Offerors--Commercial Items
JUN 2020

ADDENDUM TO FAR 52.212-1

52.212-1 ADDENDUM

ADDENDUM TO FAR PROVISION 52.212-1

1. SUBMISSION OF QUOTATIONS: Offerors shall submit only one (1) quotation in response to this solicitation. Therefore, the Offeror’s submission should demonstrate the optimal capability in response to the requirements. Quotations shall be electronically submitted via email to the following email addresses no later than the date and time specified in block 8, page 1 – Hawaii Standard Time (HST) Please submit quotations directly to sandra.caswell@usmc.mil AND courtesy copy (cc:) jennifer.george@usmc.mil.

Offerors are further advised that quotations sent electronically are responsible to ensure that their quotations are received by the date and time specified.

2. QUESTIONS: Questions shall be submitted by email no later than 3 days prior to the closing date of the solicitation. No phone questions will be accepted. The deadline is necessary to ensure timely award and the Government may, in its sole discretion, choose not to respond to questions received after the deadline. All questions will be reviewed and responded to via amendment to the solicitation. The Government does not anticipate extending the due date for receipt of proposals, therefore, review the RFQ and these instructions thoroughly so all of your concerns/questions can be addressed. Questions shall be emailed to sandra.caswell@usmc.mil AND courtesy copy (cc:) jennifer.george@usmc.mil

3. QUOTATION PACKAGE REQUIREMENTS: Offerors shall submit the following with their quote:

a) Completed SF 1449. All CLINs 0001-0006 shall be submitted as firm-fixed price for each line item to include unit price and total amount for each line item. All amounts shall be rounded to the nearest hundredth decimal place (i.e.$X.XX). In the event of mathematical errors, the unit price will be used as the basis for computing cost. The Quoter agrees to hold prices in its offer firm for 60-calendar days from the date specified for receipt of quotes.

b) Technical Package to include all documents and required responses IAW the ADDENDUM to FAR 52.212-2, Factor 1.

c) Completed Provisions & Clauses to include (Offeror may complete in SAM.gov or submit a hard copy):

· FAR 52.212-3, Offeror Representations and Certifications – Commercial Items. (Note, 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 )

· FAR 52.204-26, Covered Telecommunications Equipment or Services – Representation (OCT 2020). (Note, complete only if not completed in SAM.gov)

· FAR 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Note, complete only if required IAW the provision)

CLAUSES INCORPORATED BY FULL TEXT

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:

i) Technical; (ii) Price; (iii) Past Performance

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

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

(End of provision)

ADDENDUM TO FAR 52.212-2

ADDENDUM to FAR 52.212-2, Evaluation – Commercial Items

BASIS FOR AWARD: The Government will award a Firm Fixed Price award resulting from this solicitation to the responsible and responsive offeror whose quote, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered.

EVALUATION PROCESS: The evaluation will proceed as follows:

· Step 1 – The Contracting Officer will review offers to determine if each offeror has submitted a responsive quote. To be responsive, quoters must submit all the documentation identified on the ADDENDUM to FAR 52.212-1 paragraph 3. A quote may be eliminated from the competition without further consideration if it does not meet the responsiveness requirements.

· Step 2 – Responsive quotes will be Technically evaluated.

· Step 3 – The technically acceptable quotes will be evaluated for price and will be determined to be fair and reasonable using one or more of the techniques set forth in FAR 15.404-1(b)(2).

· Step 4 –Technically acceptable quotes with prices determined to be fair and reasonable will be evaluated for Past Performance IAW Factor 3 below.

EVALUATION: Award will be made on the evaluation of quotes received in response to this RFQ. Therefore, Offeror’s are cautioned to ensure that quotes contain your best terms from a technical and price standpoint. The following factors will be used to evaluate quotes:

Factor 1: Technical;

The Government’s technical evaluation team will evaluate responses to determine if they are technically acceptable or technically unacceptable (price excluded). In order to be considered technically acceptable, the response for each technical subfactor must be determined acceptable. Failure to meet the technical criteria will render the response to be technically unacceptable and will not be considered further for award.

Offeror shall include in their quotes, the following documents:

· Technical Capability Statement IAW Subfactor 1

· System, Operation, Verification and Test Plan IAW Subfactor 2

· Risk Management Plan IAW Subfactor 3

Acceptable
Based on the quote, all technical subfactors receive an acceptable rating.
Unacceptable
Based on the quote, one, some, or all technical subfactors received an unacceptable rating.
Subfactor 1: Technical Capability Statement
In order to be considered technically acceptable, the Technical Capability Statement provided by eachOfferor must:
- Demonstrate a clear understanding of the removal/installation requirement by providing apractical/functional technical approach that meets the needs of the attachedPerformance work Statement (PWS).
- Include a statement of standard one-year warranty and description of standard commercialservices covered by the warranty.
- Quote must demonstrate ability of Offeror to provide supplies IAW paragraph 2.0 of the PWS
Acceptable
Based on the quote, the Government determined the quoter is able to meet PWS requirements with the submitted Technical Capability Statement.
Unacceptable
Based on the quote, the Government determined the quoter did not demonstrate their ability to meet PWS requirements with the submitted Technical Capability Statement.
Subfactor 2: System Operation, Verification, and Test Plan
In order to be considered technically acceptable the System Operation, Verification, and Test Plan providedby each Offeror must demonstrate the offeror’s ability to successfully keep the UPS system online duringand after capacitor installation and shall be provided IAW paragraph 3.2 of the PWS.
Acceptable
Based on the quote, the Government determined the system operation, verification, and test plan demonstrates the quoters ability to successfully keep the UPS system online during and after capacitor installation.
Unacceptable
Based on the quote, the Government determined the system operation, verification, and test plan does not demonstrate the quoters ability to successfully keep the UPS system online during and after capacitor installation.
Subfactor 3: Risk Management Plan (RMP) including a response to the Problem Statements.
In order to be considered technically acceptable the Problem Statement Response and Risk ManagementPlan must demonstrate the offerors knowledge and capability to successfully troubleshoot the UPS systemin the event of a system error or shutdown. The RMP shall also include a response to the followingProblem Statements.

· Following the installation of the new Capacitor’s, the UPS system is refusing to come online. What would the Offeror check/do to troubleshoot the system to bring UPS online? What is the Offeror’s RMP if its technician performing the services is unable to bring the system online?

Acceptable
Based on the quote, the Government determined that the RMP demonstrates the offerors knowledge and capability to successfully troubleshoot the UPS system in the event of a system error or shutdown
Unacceptable
Based on the quote, the Government determined the RMP does not demonstrates the offerors knowledge and capability to successfully troubleshoot the UPS system in the event of a system error or shutdown

Factor 2: Price The offeror’s price submission will be evaluated. The total evaluated price will include the sum of the offeror’s price for each CLIN. Price will be evaluated for reasonableness and completeness. Pricing of contract line item numbers (CLINs) and total prices will be evaluated for price reasonableness in accordance with FAR 13.106-3(a).

Factor 3: Past Performance Past performance will be evaluated on the responsive, technically acceptable quote with the lowest evaluated price and will be evaluated on an acceptable/unacceptable basis. If that quote receives an acceptable Past Performance rating then that quote is considered the best value to the Government.

If an Offeror does not have a record of relevant past performance history, the quoter will not be evaluated favorably or unfavorably for its past performance record.

Acceptable
Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.
Unacceptable
Based on the offeror’s performance record, the Government does not have a reasonable expectation that the offeror will be able to successfully perform the required effort.

The Government reserves the right to award no contract, depending on the quality of the quotes submitted and availability of funds for the requirement. The Government intends to evaluate quotes and award a single contract without requesting or accepting revised quotes. Therefore, the Offerors will be advised that their initial quote should contain the most favorable terms and reflect it’s best possible performance potential. The Government does reserve the right to clarify aspects of the quotes and hold discussions.

CLAUSES INCORPORATED BY REFERENCE

52.203-18
Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements--Representation
JAN 2017
52.203-19
Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
52.204-7
System for Award Management
OCT 2018
52.204-10
Reporting Executive Compensation and First-Tier Subcontract Awards
JUN 2020
52.204-13
System for Award Management Maintenance
OCT 2018
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
52.212-3
Offeror Representations and Certifications--Commercial Items
FEB 2021
52.212-4
Contract Terms and Conditions--Commercial Items
OCT 2018
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
252.204-7008
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
252.204-7016
Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7017
Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7018
Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2021
252.204-7019
Notice of NIST SP 800-171 DoD Assessment Requirements
NOV 2020
252.204-7020
NIST SP 800-171 DoD Assessment Requirements
NOV 2020
252.213-7000
Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations
SEP 2019
252.223-7008
Prohibition of Hexavalent Chromium
JUN 2013
252.225-7001
Buy American And Balance Of Payments Program-- Basic
DEC 2017
252.225-7012
Preference For Certain Domestic Commodities
DEC 2017
252.225-7048
Export-Controlled Items
JUN 2013
252.225-7972 (Dev)
Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)
MAY 2020
252.225-7973 (Dev)
Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020-O0015)
MAY 2020
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 (MAR 2003)
DEC 2003
252.232-7010
Levies on Contract Payments
DEC 2006
252.232-7017
Accelerating Payments to Small Business Subcontractors--Prohibition on Fees and Consideration
APR 2020
252.239-7018
Supply Chain Risk
FEB 2019
252.239-7098 (Dev)
Prohibition on Contracting to Maintain or Establish a Computer Network Unless Such Network is Designed to Block Access to Certain Websites - Representation. (Deviation 2021-O0003)
APR 2021
252.243-7001
Pricing Of Contract Modifications
DEC 1991
252.244-7000
Subcontracts for Commercial Items
JAN 2021
252.247-7023
Transportation of Supplies by Sea
FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2021)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

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

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (MAR 2020) of 52.219-4.

____ (13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (15 U.S.C. 637(d)(4)).

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

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

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

____ (v) Alternate IV (JUN 2020) of 52.219-9.

____ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (NOV 2020) (15 U.S.C. 632(a)(2)).

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

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

____ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (MAR 2020) (15 U.S.C. 637(m)).

____ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

X (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

____(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

____ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

____ (ii) Alternate I (JUL 2014) of 52.222-35.

X (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

____ (ii) Alternate I (JUL 2014) of 52.222-36.

X (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

X (35)(i) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

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

____ (36) 52.222-54, Employment Eligibility Verification (OCT 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

____ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

____ (40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-14.

____ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

____ (43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (JUN 2014) of 52.223-16.

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

XX (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

____ (46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

____ (48) 52.225-1, Buy American--Supplies (JAN 2021) (41 U.S.C. chapter 83).

X (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (JAN 2021) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

X (ii) Alternate I (JAN 2021) of 52.225-3.

____ (iii) Alternate II (JAN 2021) of 52.225-3.

____ (iv) Alternate III (JAN 2021) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C. 5150).

____ (55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

____ (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

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

____ (iii) Alternate II (FEB 2006) of 52.247-64.

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

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

_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

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

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

_____ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (E.O. 13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xiii) X (A) 52.222-50, Combating Trafficking in Persons (OCT 2020) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

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

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

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (NOV 2020) (E.O. 13658).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

______COMBO_____

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

___________Not Applicable_________________________________________________

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF
Data to be entered in WAWF
Pay Official DoDAAC
M67443
Issue By DoDAAC
M00318
Admin DoDAAC**
N/A
Inspect By DoDAAC
G100
Ship To Code
M00318
Ship From Code
N/A
Mark For Code
N/A
Service Approver (DoDAAC)
N/A
Service Acceptor (DoDAAC)
M00318
Accept at Other DoDAAC
N/A
LPO DoDAAC
N/A
DCAA Auditor DoDAAC
N/A
Other DoDAAC(s)
N/A

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.

________________Not Applicable (see below)___________________________________________

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

PERFORMANCE WORK STATEMENT

Performance Work Statement (PWS) Data Center UPS – Capacitor Replacement

1.0 Description of Supplies and Services:

Replacement of all DC Capacitors, AC Input and Output Capacitors, and all Commutation Capacitors in two (2) Liebert 600T 225KVA UPS Models:

· UPS 1A Liebert (Model #UDA63227A36AB10/SN:C254382/L1-02322) and

· UPS 1B Liebert (Model #UDA63227A36AB1/SN:C254384/L1-02371)

2.0 Supplies:

QTY
DESCRIPTION
42
92uF, 580VAC Capacitors
24
13500uF, 350VDC Capacitors
6
46uF, 580VAC Capacitors
4
2uF, 660VAC Capacitors
2
130000uF, 50VDC, Power Supply DC Capacitors

3.0 Performance Requirement Tasking:

The contractor shall provide all manpower, parts, supplies and materials necessary to install new replacement Capacitors for 2 Liebert 600T 225KVA UPS, located in Building 208 on Marine Corps Base (MCB) Hawaii, Kaneohe Bay. This includes, but is not limited to, the removal of existing equipment and the installation of new equipment.

Replace all capacitors for (2) Liebert 600T UPS:

· UPS 1A Liebert (Model #UDA63227A36AB10/SN:C254382/L1-02322) and

· UPS 1B Liebert (Model #UDA63227A36AB1/SN:C254384/L1-02371)

3.1: The work required consists of a site visit, planning, delivery, removal of existing capacitors, installation, system set-up, testing, cut-over, customer training, and complete documentation of all hardware and software components for the proposed system. The contractor must calibrate and return all electronics to operational system specifications.

3.2 System Operation, Verification, and Test Plan: The contractor shall provide a System Operation, Verification, and Test Plan that demonstrates the Contractor’s ability to successfully keep the UPS system online during and after capacitor installation. The plan shall allow the DGR to see progress in a step by step format to include description of the task being performed and progress of completion at each step.

3.3 Risk Management Plan: The contractor shall provide a Risk Management Plan that demonstrates the contractor has the knowledge and capability to successfully troubleshoot the UPS systems in the event of a system error or shutdown. The plan shall demonstrate the steps to bring the UPS back online and provide further steps if the system is unable to be brought back online.

3.4: Daily pre and post work meetings shall be conducted with the DGR to discuss issues, objectives, and accomplishments.

3.5: A standard commercial warranty to include required replacement of all DC Capacitors, AC Input/Output Capacitors and all Commutation Capacitors as necessary for one (1) full year beginning at system acceptance/cut-over..

4.0 Performance Parameters:

Task
Performance Standard
Acceptable Quality Level (AQL)
Surveillance Method
Performance Measure
PWS paragraph 3.0
Adherence to full requirements of PWS paragraph 3.0.
95% compliance in meeting PWS paragraph 3.0 tasks.
Random inspections/ customer service or feedback of work completed
Compliance in meeting PWS paragraph 3.0.

5.0 Period and Place of Performance:

The period of performance shall not exceed fourteen (14) days.

Start date shall be coordinated with the Designated Government Representative (DGR). See Schedule.

Work shall be performed outside of normal work hours (0800-1630) to mitigate interruption of services in the event of an outage.

Location: Building 208, Marine Corps Base Hawaii, Kaneohe Bay, Hawaii.

6.0 Holidays:

For purposes of scheduling personnel, the Contractor is hereby advised that the government installation will observe the following holidays. The Contractor is further advised that access to the government installation may be restricted on these holidays.

HolidayObservance
New Year’s Day1 January
Martin Luther King Jr. Birthday3rd Monday in January
President’s Day3rd Monday in February
Memorial DayLast Monday in May
Independence Day4 July
Labor Day1st Monday in September
Columbus Day2nd Monday in October
Veteran’s Day11 November
Thanksgiving Day4th Thursday in November
Christmas Day25 December

7.0 Security Requirements:

Contractor shall adhere to current installation security policies.

Government Furnished Property (GFP) and Services: The US Government will not provide any equipment, fuel, personnel, utilities or facilities to the contractor for the execution of this contract. Should an emergency arise, only the necessary basic lifesaving and life support measures will be provided during the project.

8.0 Safety:

The contractor is solely responsible for compliance of all safety regulations of employees while working on government-owned facilities. All accidents which may arise out of, or in connection with, the performance of services required hereunder which result in injury, death, or property damage, shall be reported in writing to the Contracting Officer and cognizant POC within twenty-four hours of such occurrence.

Reports shall provide full details of the accident, including statements from witnesses. The foregoing procedures shall also apply to any claim made by a third party against the contractor because of any accident that occurs in connection with performance under this contract.

9.0 Smoking/Drug/Alcohol Policy:

The contractor shall comply with local command smoking policies and workforce requirements. The contractor shall also comply with all Federal drug-free workplace and workforce requirements and local command policies. Copies of the applicable policy will be provided to the contractor by the local command Administrative Officer (AO) at the performance start date. The contractor shall comply with all applicable Federal statutes, laws, and regulations to implement a (DFWP).

10.0 Employment Of Federal Employees:

The contractor shall not employ or enter into a contract with any person to perform work under this contract who is an employee of the United States Government, either military or civilian unless such person receives approval (IAW) applicable Federal, Navy and DoD regulations.

11.0 Language Requirements:

All contractor personnel shall be sufficiently competent in reading, writing, speaking, and understanding English to perform the work.

12.0 Personal Appearance:

Contractor personnel shall comply with local military commander’s published dress codes.

13.0 Personnel Conduct:

The selection, assignment, reassignment, transfer, supervision, management, and control of contractor personnel employed to perform tasks specified herein shall be the responsibility of the contractor. The contractor shall be responsible for the performance and conduct of contractor and subcontractor employees at all times. Personnel employed by the contractor in the performance of this contract, or any representative of the contractor entering the installation shall abide by the security regulations listed in the contract and shall be subject to such checks by the Government as deemed necessary. The contractor shall not employ for performance under this contract any person whose employment would result in a conflict of interest with the Government’s standards of conduct.

14.0 Personnel Removal:

Government rules, regulations, laws, directives, and requirements that are issued during the term of the performance period relating to law and order, installation administration, and security shall be applicable to all contractor employees and representatives who enter the installation. Violation of such rules, regulations, laws, directives, or requirements shall be grounds for removal (permanently or temporarily as the Government determines) from the work site or installation. Removal of employees does not relieve the contractor from the responsibility for the work defined in this contract. The contractor is expected to provide support services despite personnel removal or other unforeseen condition.

Removal by Commanding Officer, MCBH: The Commanding Officer, MCBH may, at his discretion, bar an individual from the installation under the authority of 18 USC 1382 (1972), for conduct that is determined to be contrary to unfavorable determination, discipline, or installation security and safety.

Removal Requested by Contracting Officer (KO): The KO may require the contractor to remove an employee working under this contract for reasons of misconduct or security violations. Contractor employees shall be subject to dismissal from the premises upon a determination by the KO that such action is necessary for the interest of the Government.

Removal by Military Police: Contractor employees may be denied entry to or may be removed from the installation by Military Police if it is determined that the employee’s presence on the installation may be contrary to discipline, or installation security and safety.

15.0 Interaction With Other Activities:

Government Personnel: Government and contractor personnel shall be working in common office. Contractor performance shall not interfere with Government work in the area where any service is being performed. In the event the contractor believes that Government and other contractor personnel are interfering with the performance of the tasks described in this PWS, the contractor shall notify the Contracting Officer Representative (COR) immediately. The contractor is obligated to continue performance of the effort described in this contract unless there is authorization from the Contracting Officer and/or COR to stop work. Failure by the contractor to notify the COR and receive necessary instructions could result in denial of any additional costs incurred in performance of the contract under such conditions.

16.0 Vehicle And Equipment Operation:

(POV) Permits: Contractor personnel using POVs on DoD installations shall have proper permits for entry onto the installations. All vehicles, private or contractor-owned, shall comply with the vehicle operation regulations that govern installations. All vehicles are subject to search while on DoD installations. Only licensed contractor personnel shall operate vehicles on DOD installations. Vehicles shall be operated IAW local and state laws as well as installation-specific traffic regulations.

(POV) Parking: The contractor shall utilize on-station POV parking in authorized areas. The Government reserves the right to change parking arrangements at any time.

Traffic Accident Report Requirements: The contractor shall report to Base Security, within one hour, any traffic accident involving contractor personnel that occurs on base, whether in the performance of this PWS or commuting in their POVs, IAW Office of the Chief of Naval Operations Instruction (OPNAVINST) 5102.1 series, OPNAVINST 5100.23 series, and other applicable local instructions. The contractor shall supply a copy of any on-base traffic accident report to the DGR within five workdays after each occurrence. The contractor shall also provide the DGR a copy of any report of an off-base traffic accident that involves contractor personnel in the performance of this PWS within five workdays after each occurrence.

Fines, Fees, Point Assessment and Other Costs: The contractor shall pay all fines, fees, point assessment, and other costs associated with traffic violations or accidents that occur in the performance of work under this contract.

Accidents: The contractor is solely responsible for compliance of all safety regulations of employees while working on government-owned facilities.

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