M6700123Q1113.pdf

SEE ADDENDUM

(No Collect Calls)

M6700123Q1113 10-Jul-2023

b. TELEPHONE NUMBER

910-451-3071

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 25 Jul 2023

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 X 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.

M67001

9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

VALENTIN PEREZ

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

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

X

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

MMP1003313008

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 BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

M67001MARINE CORPS FIELD CONTRACTING SYS

ATTN: SGT VALENTIN PEREZ

308D HOLCOMB BLVD

CAMP LEJEUNE NC 28547

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 MMP100 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

MCIEAST G3/5

MIKE WANNEMACHER

BLDG 1043 DUNCAN ST

CAMP LEJEUNE NC 28547

TEL: 910-451-5803 FAX:

FAX:

TEL: 910-451-6357

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

X 8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$19,000,000

NAICS:

541370

X

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 OF41

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.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Each Range Sweeps

FFP

Range Sweep services to be provided in accordance with the Performance Work

Statement (PWS)

FOB: Destination

PURCHASE REQUEST NUMBER: MMP1003313008

PSC CD: T009

NET AMT

0002 Each Data Collection

FFP

Data Collection services to be provided in accordance with the Performance Work

Statement (PWS)

FOB: Destination

PURCHASE REQUEST NUMBER: MMP1003313008

1001 Each OPTION Range Sweeps

FFP

Range Sweep services to be provided in accordance with the Performance Work

Statement (PWS)

FOB: Destination

1002 Each OPTION Data Collection

FFP

Data Collection services to be provided in accordance with the Performance Work

Statement (PWS)

2001 Each OPTION Range Sweeps

FFP

Range Sweep services to be provided in accordance with the Performance Work

Statement (PWS)

2002 Each OPTION Data Collection

FFP

Data Collection services to be provided in accordance with the Performance Work

Statement (PWS)

3001 Each OPTION Range Sweeps

FFP

Range Sweep services to be provided in accordance with the Performance Work

Statement (PWS)

3002 Each OPTION Data Collection

FFP

Data Collection services to be provided in accordance with the Performance Work

Statement (PWS)

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

1001 Destination Government Destination Government

1002 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

3001 Destination Government Destination Government

3002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 21-SEP-2023 TO

20-SEP-2024

N/A MCIEAST G3/5

MIKE WANNEMACHER

BLDG 1043 DUNCAN ST

CAMP LEJEUNE NC 28547

910-451-5803

MMP100

0002 POP 21-SEP-2023 TO

20-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 21-SEP-2024 TO

20-SEP-2025

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 21-SEP-2024 TO

20-SEP-2025

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 21-SEP-2025 TO

20-SEP-2026

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 21-SEP-2025 TO

20-SEP-2026

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 21-SEP-2026 TO

20-SEP-2027

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 21-SEP-2026 TO

20-SEP-2027

N/A (SAME AS PREVIOUS LOCATION)

PERFORMANCE WORK STATEMENT

Performance Work Statement (PWS)

Range Sweep Vision Statement

Marine Corps Base Camp Lejeune provide operational control over bombing target/strafing areas at each respective installation and require aircraft services to meet regulatory guidelines.

1 Introduction

1.1 Marine Corps Installations East (MCIEAST) implements policies, develops regional strategies and plans, prioritizes resources and provides services, direction, and oversight through assigned U.S. Marine Corps

Installations in order to support the Operating Forces, tenant commands and activities. Marine Corps Base

(MCB) Camp Lejeune provide operational control over bombing target/strafing areas at each respective installation at and require aircraft services (fixed-wing or rotary) to meet regulatory guidelines.

1.2 MCIEAST-MCB Camp Lejeune comprises approximately 143,000 acres of land range area within

Onslow County, North Carolina and controls, via CFR (33 CFR 334.440), water based range training areas within New River and the Atlantic Ocean (N-1/BT-3 complex).

I.3 Per the Endangered Species Act (ESA) and the Marine Mammal Protection Act (MMPA), all Federal activities that have potential to impact federally protected species must adhere to specific conditions of

Biological Opinions and Letters of Authorization/Concurrence rendered under section of the respective regulations. MCB Camp Lejeune has a MMPA Letter of Concurrence which requires a pre-mission survey of the N-1/BT-3 prior to live fire activities.

2 General Requirements

This section describes the general requirements for this effort. The following sub-sections provide details of various considerations on this effort.

2. I Period of Performance

Base year 21 September 2023 through 20 September 2024

Option one 21 September 2024 through 20 September 2025

Option two 21 September 2025 through 20 September 2026

Option three 21 September 2026 through 20 September 2027

2.2 Non-Personal Services

The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Contracting Officer immediately.

M6700123Q1113

3 Performance Requirements

3.1 Aircraft Services - Marine Corps Base Camp Lejeune

3.1.1 Orientation Flight. Contractor is require lo complete an orientation flight, coordinated through Range

Control and after receiving a Range Safety Brief, along a pre-defined flight-path (map provided) for familiarization with procedure and airspace protocols.

3.1.1 Contractor is required to provide an on-call aircraft range survey prior to military live-fire exercises in the N- 1/BT-3 impact area and the H-Range to ensure that no marine mammals or watercraft are in the impact area. Contractor will be notified of range survey requirement for MCB Camp Lejeune 14 days prior to date of performance. The total number of range sweeps will not exceed 50.

3.1.1.1 The aircraft must maintain a height of 750 feet above surface.

3.1.1.2 The aircraft must fly a path consisting of two survey lines 2 nautical miles apart and parallel to the coast. The first line must be between 1-2 miles off the beach front, and the second 3-4 miles off the beach front.

3.1.1.3 If a marine mammal or watercraft is spotted along any survey line within the N-l/BT-3, the pilot must immediately notify BLACKBURN via VHF radio noting the information contained in 3.2.3 below.

Additionally, the pilot must notify Navy Guard Boat personnel via Marine Band Radio (frequency to be provided) with vessel location information.

3.1.1.4 Specifically for persons/watercraft observations within the CFR area (land, marsh, or water) the aircraft shall "buzz" the vessel by completing an advisory circle around the identified person/vessel at a safe altitude.

3.2.3 Data Collection.

3.2.3.1 The pilot is required to validate that no persons or watercraft (hunters, fisherman, moving or stationary watercraft of any description) are located within the N-1/BT-3 impact area. All observation/visual contacts shall be immediately reported to Range Control/BLACKBURN as they occur.

3.2.3.2 The pilot is required to record observations of marine mammals (bottlenose dolphins, whales, or manatee) along the designated flight path. All sightings shall be immediately reported to Range

Control/BLACKBURN with the following information:

Sighting information shall include:

Species identification (if known) Group size

Location and relative distance from the water based bombing targets Direction of travel relative to N-1/BT-3 boundary

Date, time, and visual conditions (weather, Beaufort Sea State)

3.2.3.3 Data Collection Forms shall be submitted to EMO and Range Control/BLACKBURN on a monthly basis (as flights occur).

3.2.4 Daily Coordination.

3.2.4.1 The flight crew is required to abide by all FAA regulations and to possess appropriate ratings.

3.2.4.2 The flight crew shall conduct a review of weather prior to departure from airport/aerodrome (ASOS or other) from an appropriate location and maintain awareness for the duration of the flight. Crew may cancel the survey based on weather. Visual flight rule minimum (1,000' vertical, 3 mile horizontal) shall be used as a basis for weather related cancellation. When canceling, crew shall notify Range Control/BLACKBURN. Contractor shall be compensated in accordance with the terms of the contract for services that have been prepared to be rendered.

4 Performance Standards

4. I Provide range survey along pre-defined flight path.

a) STD: Survey to start no earlier than 1/2 hour after astronomical sunrise. Nominally, the start of surveys would be no later than 0630 and to be complete by 0800 dependent on the time of year.

AQL: 100%

b) STD: Aircraft must maintain a height between 100-300 meters (328 to 984 ft.) above water surface level. AQL:100%

c) STD: Aircraft must maintain a safe forward airspeed not to exceed 115 mph (100 knots). AQL: 100%

d) STD.: Pilot is to validate that no persons or watercraft are located on the government property of N1/BT-

3 or within the CFR controlled boundaries as determined by visual survey along the flight path. If the person or watercraft is within the CFR prohibited area or on land which is identified as MCB Camp Lejeune property, the aircraft shall "buzz" the vessel by completing an advisory circle around the identified person/vessel at a safe altitude.

4.2 Acquire digital imagery of persons or watercraft on government property.

a) STD: Acquire digital imagery of all persons or watercraft that are located on the government property boundary of BT- I I or within the CFR controlled boundaries as determined by visual survey along the flight path.

4.2.1 The Contractor shall transfer collected images.

a) STD: Images shall be stored on a I6-32 GB internal SD card and downloaded to a CD/DVD media

(read-write capable) post mission. Each Cd/DVD shall be labelled as to date range of the imagery contained on the media. Each image shall have GPS coordinates noted for the location of the observation.

An annotation shall be made to the Master Data Collection Form indicating the number of images captured for a specific observation/record.

5 Safety

Mishap Notification and Investigation: The contractor and its subcontractors (if applicable) shall promptly report pertinent facts regarding mishaps involving Government property damage or injury to Government personnel and to cooperate in any resulting safety investigation. The contractor shall notify (via telephone) the cognizant contracting officer, the contracting officer's representative, and/or other applicable members within four (4) hours of all mishaps or incidents. The Government person notified by the contractor will in-turn notify the Safety office. Contractor notifications made after duty hours shall be reported to the appropriate installation Command Post. If requested by the cognizant contracting officer, the contracting officer's representative, and/or the cognizant program manager, the contractor shall immediately secure the mishap scene/damaged property and impound pertinent maintenance and training records until released by the investigating safety office. If the Government investigates the mishap, the contractor and the subcontractors shall cooperate fully and assist the Government personnel until the investigation is completed.

6 Government Furnished Materials

6.1 The Range Management Department and/or Range Control Office will provide a one-time range safety brief prior to the initiation of surveys. Flight within the restricted area will be authorized and a mission number provided by Range Control.

6.2 Orientation map of MCB Camp Lejeune properties will be provided.

6.3 Map of the defined flight paths for MCB Camp Lejeune will be provided.

6.4 Initial format of Data Collection Form (to be reproduced by Contractor).

6.5 Point of contact for each installation.

6.6 Online link for mandatory Mammal Identification training.

7 Applicable Directives

The contractor shall comply with all documents listed below as mandatory Performance

Requirements. 33 CFR 334.440

50 CFR 218.40

8 Quality Assurance Surveillance Plan (QASP)

The Government shall monitor the Contractors performance under this Contract in accordance with the

Governments QASP.

9 Base Access

9.1 In order to gain access to Marine Corps Base (MCB), Camp Lejeune, non-Federal Government and non-DoD issued ID cardholders require identity proofing and vetting to determine fitness and eligibility for access. Specifically, a check of records through the National Crime Information Center (NCIC) Interstate

Identification Index (Ill) is the installation's minimum background check for access to MCB, Camp Lejeune for non-Common Access Card holders, to include entrance of visitors.

9.2 MCB, Camp Lejeune applies the following non-Federal Government cardholder criteria to determine the authorized type of access control credentials:

a. Contractors: RAPIDGate or 30-Day Pass followed by 4-DayPass*

b. Sub-Contractors: RAPIDGate or 30-Day Pass followed by 4-Day Pass*

C. Vendors: RAPIDGate or 30-Day Pass followed by 4-Day Pass*

d. Suppliers: RAPIDGate or 30-Day Pass followed by 4-Day Pass*

e. Service Providers: RAPIDGate or 30-Day Pass followed by 4-Day Pass*

f. Delivery Personnel: RAPIDGate or 30-Day Pass followed by 4-Day Pass*

g. Public-Private Venture (PPV) Housing and Installation Volunteers: Local Population Credential (The following are example s of Installation Volunteers: (Red Cross, Community College Instructors and

Students, Commissary Baggers, Naval Hospital Volunteers, Family Readiness Volunteers , Wounded

Warrior Volunteers, and any other organization approved by the Commanding General, Marine Corps

Installation East-Marine Corps Base Camp Lejeune).

9.3 Contractor Common Access Card (CAC) Eligibility: Contractor personnel authorized CAC's are exempt from RAPIDGate enrollment.

9.4 Contractor personnel who are ineligible for a CAC will be required to either obtain a 30-Day pass followed by a 4-Day pass* or enroll in the RAPIDGate Program. RAPIDGate is a voluntary program due to associated costs. For further information concerning contractor access, please contact the Contractor

Vetting Office at 910-450-5978 or vis it Marine Corps Base Camp Lejeune (http://www. le je une.m arines.mil0 . For information concerning enrolling in RAPIDGate please visit their website at www.rapid gate.com.

The Government will not be responsible for any access delays. Delays that may result from inadequate planning are contractor responsibility. Any and all costs associated with RAPIDGate are the sole responsibility of the contractor.

* Contractors will be issued a one-time pass for 30 days. Upon expiration of the 30 day pass, they will only be issued a 4 day pass every 4 days thereafter, for the duration of the contract.

10 Contractor's Unauthorized Work Performance. The Contractor shall not perform work that deviates from contract requirements and specifications. If the Contractor deviates from contract requirements and specifications without approval of the CONTRACT ADMINISTRATOR/OFFICER, such deviation shall be at the risk of the Contractor and any cost related thereto shall be borne by the

Contractor.

NOTICE TO OFFERORS

SUBMISSION OF QUOTES: Quotes may be submitted via email (no larger than 2MB) to valentin.perez1@usmc.mil; (PREFERRED METHOD) or via hand delivery/courier to Contracting Department, Bldg. 316, Holcomb Blvd, Camp Lejeune, NC 28542. It is solely the Offeror’s responsibility to ensure quotes are submitted in accordance with FAR provision 52.212-1 including its addenda, and received within the required timeframe. All quotes, if timely received, will be considered for award. The information submitted shall be clear and legible.

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 http://www.lejeune.marines.mil0/ http://www.lejeune.marines.mil0/ http://www.rapidgate.com/ http://www.rapidgate.com/ mailto:valentin.perez1@usmc.mil

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

MAR 2023

ADDENDA TO FAR 52.212-1

(b) SUBMISSION OF QUOTES:

Addendum to paragraph (b):

Quotes shall be submitted electronically via e-mail to valentin.perez1@usmc.mil.

Addendum to paragraph (b)(4):

The offeror shall submit with their offer:

Technical Capability:

The vendor shall provide a capability statement/performance plan that demonstrates their ability to provide the required service in the solicitation. The vendor should address their experience providing this type of service, equipment supplied, and any other relevant information.

Delivery Information:

Clearly state if the offeror can meet the required period of performance of 21 September 2023- 20

September 2027 as stated in each line item. Offerors who cannot meet the the required period of performance of 21 September 2023- 20 September 2027 will not be considered for award.

Addendum to paragraph (b)(6):

The offeror shall submit with their offer:

Price:

The price offered must reflect unit prices, extended amounts per line item, and overall total. (Note: All prices must be actual “face-value” pricing having already accounted for any discounted offered and extended to the Government).

Addendum to paragraph (b)(8):

Completed Representations and Certifications. The following representation 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.)

(End of Addenda to Provision)

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

DEC 2022

52.219-1 Alt I (Dev) Small Business Program Representations (Deviation 2023-

O0002) Alternate I

SEP 2015

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.247-34 F.O.B. Destination NOV 1991

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

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

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023

252.223-7997 (Dev) Prohibition on Procurement of Certain Items Containing

Perfluorooctane Sulfonate or Perfluorooctanoic Acid -

Representation (DEVIATION 2022-O0010)

SEP 2022

252.223-7998 (Dev) Prohibition on Procurement of Certain Items Containing

Perfluorooctane Sulfonate or Perfluorooctanoic Acid

(DEVIATION 2022-O0010)

SEP 2022

252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023

252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022

252.225-7048 Export-Controlled Items JUN 2013

252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime

JAN 2023

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

JAN 2023

252.239-7009 Representation of Use of Cloud Computing SEP 2015

252.239-7010 Cloud Computing Services JAN 2023

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 Products or Commercial

Services

JAN 2023

252.245-7000 Government-Furnished Mapping, Charting, and Geodesy

Property

APR 2012

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--

Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph

(d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The

Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(End of provision)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] 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 PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

BASIS OF AWARD: Price and other factors. Quotes will be evaluated based on (1) Technical Capability of the item offered to meet the Government’s requirement; (2) Past Performance; and (3) Price. The Government may make an award to other than the lowest price.

This acquisition will be conducted in accordance with FAR Part 12, Acquisition of Commercial Items and FAR Part

13, Simplified Acquisition Procedures.

(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 https://www.sam.gov/ 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 PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION 2023-O0002) (DEC 2022) ALTERNATE I (OCT 2014)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision -

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service -

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except -

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the

Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment

Act of 2007) conducting the business can demonstrate -

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology -

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically -

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act

(50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern -

(1) Means a small business concern -

(i) Not less than 51 percent of which is owned by one or more service - disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern –

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that -

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by -

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $850,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned -

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern -

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

Women-owned small business concern means a small business concern -

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least

51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the

United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR

127.300.

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and

Certifications - Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part

19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that -

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR

121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that -

(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

Note to paragraphs (c)(8) and (9):

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

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern.