M6700125Q0016.docx

M6700125Q0016

Section SF 1449 - CONTINUATION SHEET

OPTION SUMMARY

PURPOSE: The purpose of this action is to establish a Requirement Contract for chemicals required for water treatment and production at the Water Treatment Plant and the Industrial Wastewater Treatment Plant, aboard Marine Corp Air Station (MCAS), Cherry Point, NC. All supplies shall be provided in accordance with the Purchase Description.

TERM OF CONTRACT: The contractor shall provide the services/supplies specified herein for a base period of twelve (12) months, with provisions for one (1) twelve (12) month option period. The option period may be exercised at the discretion of the Government in accordance with FAR 52.217-7 “Option for Increase Quantity – Separately Priced Line Item” (MAR 1989).

DELIVERY PERIOD AND VALUE: The delivery period and dollar values for each are as follows:

Base Period

CLIN 0001- 0008 $ ________________

12 Months ADC

First Option Year

CLIN 1001- 1008 $ ________________

12 Months ADC

* TOTAL ESTIMATED VALUE * $ ________________

* To be provided at time of Award.

SODIUM HYDROXIDE 50%

FFP

IWTP CHEMICALS - SODIUM HYDROXIDE 50%

NaOH; caustic solution.

**Delivered in totes (275 gallon)**

FOB: Destination

MILSTRIP: M301465719832

PURCHASE REQUEST NUMBER: M301465719832

MFR PART NR: Chemical

PSC CD: 6810

ESTIMATED

NET AMT

SODIUM HYPROCHLORITE 12.5-15%

IWTP CHEMICALS - SODIUM HYPROCHLORITE 12.5-15%

NaCIO **Delivered in mini bulk**

FOB: Destination

MILSTRIP: M301465719832

PURCHASE REQUEST NUMBER: M301465719832

ESTIMATED

ALUMINUM SULFATE LIQUID

IWTP CHEMICALS - ALUMINUM SULFATE LIQUID

A12(SO4)3-H20; SULFURIC ACID, ALUMINUM SALT BLEND (3-2); 48.6%

MATERIAL

Bulk storage tank with 5000 gallon capacity **Delivered in tanker**

FOB: Destination

MILSTRIP: M301465719832

PURCHASE REQUEST NUMBER: M301465719832

ESTIMATED

SODIUM BISULITE LIQUID 38-40%

IWTP CHEMICALS - SODIUM BISULITE LIQUID 38-40%

NaHSO4; Aqueous sol. N.O.S.8, Un 2693, PG III/Soduim Bisulfite 38%-40% **Delivered in mini bulk**

FOB: Destination

MILSTRIP: M301465719832

PURCHASE REQUEST NUMBER: M301465719832

ESTIMATED

SULFURIC ACID 33-39%

IWTP CHEMICALS - SULFURIC ACID 33-39%

H2SO4

**Delivered in tanker**

FOB: Destination

MILSTRIP: M301465719832

PURCHASE REQUEST NUMBER: M301465719832

ESTIMATED

SULFURIC ACID 93%

WTP CHEMICALS - SULFURIC ACID 93%

H2SO4, Approximately 93% Requires on board air system for delivery/bulk storage tank.

**Delivered in tanker**

FOB: Destination

MILSTRIP: M301465719832

PURCHASE REQUEST NUMBER: M301465719832

ESTIMATED

UNLIME 20-35%

WTP CHEMICALS - UNLIME 20-35%

**Delivered in tanker**

FOB: Destination

MILSTRIP: M301465719832

PURCHASE REQUEST NUMBER: M301465719832

ESTIMATED

CHEMICALS - SODIUM HYPROCHLORITE

WTP CHEMICALS - SODIUM HYPROCHLORITE 12.5-15%

NaCIO **Delivered in mini bulk**

FOB: Destination

MILSTRIP: M301465719832

PURCHASE REQUEST NUMBER: M301465719832

ESTIMATED

FFP

IWTP CHEMICALS - SODIUM HYDROXIDE 50%

NaOH; caustic solution.

**Delivered in totes (275 gallon)**

FOB: Destination

ESTIMATED

FFP

IWTP CHEMICALS - SODIUM HYPROCHLORITE 12.5-15%

NaCIO **Delivered in mini bulk**

FOB: Destination

ESTIMATED

FFP

IWTP CHEMICALS - ALUMINUM SULFATE LIQUID

A12(SO4)3-H20; SULFURIC ACID, ALUMINUM SALT BLEND (3-2); 48.6%

MATERIAL

Bulk storage tank with 5000 gallon capacity **Delivered in tanker**

FOB: Destination

ESTIMATED

FFP

IWTP CHEMICALS - SODIUM BISULITE LIQUID 38-40%

NaHSO4; Aqueous sol. N.O.S.8, Un 2693, PG III/Soduim Bisulfite 38%-40% **Delivered in mini bulk**

FOB: Destination

ESTIMATED

FFP

IWTP CHEMICALS - SULFURIC ACID 33-39%

H2SO4

**Delivered in tanker**

FOB: Destination

ESTIMATED

FFP

WTP CHEMICALS - SULFURIC ACID 93%

H2SO4, Approximately 93% Requires on board air system for delivery/bulk storage tank.

**Delivered in tanker**

FOB: Destination

ESTIMATED

FFP

WTP CHEMICALS - UNLIME 20-35%

**Delivered in tanker**

FOB: Destination

ESTIMATED

FFP

WTP CHEMICALS - SODIUM HYPROCHLORITE 12.5-15%

NaCIO **Delivered in mini bulk**

FOB: Destination

ESTIMATED

PURCHASE DESCRIPTION

1. INTRODUCTION: This requirement is for chemicals to treat water at the Marine Corps Base aboard MCAS Cherry Point, NC to ensure safe clean potable water for base operations. The purpose of this contract is for the supply of eight (8) chemicals to be delivered to two (2) locations. The Contractor shall furnish all labor, transportation, materials, equipment and supervision necessary for the provision, delivery and maintaining of stock levels of the specified chemicals at various locations al the Marine Corps Air Station (MCAS) Cherry Point, NC.

1. DELIVERABLES:

Reference

3.0 PACKAGING AND MARKINGS:

3.1 ALL ITEMS shall be preserved, package and marked in accordance with the Contractor’s standard commericial practices.

4.0 DELIVERY:

0. Delivery tickets shall be in duplicate form and shall include spaces for the following information: contractor’s name, contract number, delivery order, description of item, exact quantity, delivery location, receipt/acceptance signature, delivery date and time. After signatures, one copy will be retained by the contractor and one copy will be retained by the point of contact that inspected and accepted the items.

0. Inspection and Acceptance points will be at final destination by authorized Public Works Division personnel. Point of contact will be provided for each delivery order.

0. Delivery is F.O.B. Destination and will be made to the site specified at the time the oral order is placed. The Ship to address on the delivery order is for invoicing purposes only. The Government reserves the right to have chemicals delivered to other sites onboard MCAS Cherry Point, North Carolina. A base map is available upon request.

5.0 CHERRY POINT LOCATIONS:

5.1 Water Treatment Plant Locations. There is one (I) water treatment plant, at the following location: Bldg. 4977. Chemicals to be delivered to the Water Treatment Plant: Sodium Hypochlorite, Calcium Hydroxide, and Sulfuric Acid, - bulk.

5.2 Industrial Wastewater Treatment Plant. There is one (I) Industrial Wastewater Plant: Bldg. 4380. Chemicals to be delivered to this plant are Sodium Hypochlorite, Sodium Mela-Bisulfite, Sulfuric Acid, Sodium Hydroxide, Aluminum Sulfate (Alum).

5.3 Delivery Hours. Deliveries for the Water Treatment, Wastewater Treatment Plant, and Industrial Wastewater Plant, shall be made between 7:00 AM and 4:00 PM, Monday through Friday. Deliveries for Water Treatment and Wastewater Treatment Plants shall be coordinated with the Plant Supervisors. The contract specialist will provide the POC names and telephone numbers at contract award. Only Utility Department personnel are designated to receipt for deliveries.

6.0 DELIVERY PERIOD:

7.0 SAFETY AND ENVIRONMENTAL COMPLIANCE:

The contractor shall meet or exceed all state and federal regulations pertaining to the transportation, handling, and storage of chemicals, to include Occupational Safety and Health Administration (OSHA) standards. The contractor shall provide Material Safety Data Sheets (MSDS) for each chemical delivered. Within 15 calendar days of contract award and prior to beginning work under this contract, the contractor shall submit a comprehensive spill prevention plan to the Contracting Officer. In case of an accidental spill the contractor SHALL CALL 911 IMMEDIATELY, giving the location, type, and amount of material spill. The contractor shall contain, if possible, using a spill kit (Contractor provided) and standby until the arrival of the Fire Department. Cleanup of spills will be performed at no cost to the Government.

UNAUTHORIZED WORK STATEMENT

The Contractor shall not perform work that deviates from the purchase order (PO) and the Purchase Description (PD). If the Contractor deviates from the PO and the PD without approval of the CONTRACT ADMINISTRATOR / CONTRACTING OFFICER, such deviation shall be at the risk of the Contractor and any cost related thereto shall be borne by the Contractor.

CONTRACT ADMINSTRATION

1.0 Contract Administration for the Government

1. The following representative of the Contracting Office shall be contacted for contract administration purposes:

Name: Patwanda Brown Phone: (252) 466-2895 DSN: 582-2895 Email: patwanda.brown@usmc.mil

2.0 Communications

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

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

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

1. The contact information for the Contracting Officer is:

Name: Larry Davis Phone: (252) 466-7765 DSN: 582-7765 Email: larry.davis1@usmc.mil

ADDENDUM TO FAR 52.212-1

1) SUBMISSION OF QUOTES

1. The vendor is responsible for ensuring that quotes are received in the Contracting Office no later than 12:00 PM (EDT) on 21 May 2025 as indicated on page one (1) of this solicitation. Failure of vendor’s quote to be received by the exact time and date specified will result in rejection of the quote unless the requirements of FAR 52.212-1(f)(2)(i) are met.

1. Quotes shall be submitted electronically via email patwanda.brown@usmc.mil.

1. RFQ Number M6700125Q0016 must be clearly shown in the subject line.

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

1. Information that demonstrates the vendor’s ability to provide the supplies in accordance with the requirements of the Purchase Description.

Technical Capability:

Descriptive literature outlining the specifications of each Clin Chemical and capability to provide Eight (8) chemicals (see Salient Characteristics) quoted to include the manufacturer’s name, and manufacturer’s complete part numbers, Material Safety Data Sheet and Chemical analysis of all items offered. Chemicals will be delivered to two (2) locations as described in the Purchase Description (PD) and added to the specific site as required with a specialized truck.

Delivery Information:

Clearly state if the offeror can meet the required delivery dates for each of the two (2) locations in the Purchase Description. If not then provide an alternate delivery dates for each line item.

1. Quoted firm-fixed price for each line item shown – for completion of all supplies/services in accordance with the requirements of the Purchase Description.

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

Price:

The price offered must reflect unit prices, extended amounts per line item, and overall total on each CLIN.

(Note: All prices must be actual “face-value” pricing having already accounted for any discounts offered and extended to the Government).

1. Completed SF1449 to include:

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

ii) Completed Representations and Certifications: Representations and certifications must be completed in accordance with FAR 52.212-3. The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certifications electronically in the System for Award Management (SAM) acceseed through https://www.sam.gov. NOTICE: Per Class Deviation 2025-O0003 & 2025-O0004, Section (d) & (t) are not required to be answered and will not be evaluated.)

3) PAST PERFORMANCE

NOTE: All questions relating to this requirement must be addresses to the Contract Department, Contract Specialist via email to patwanda.brown@usmc.mil by 12:00 pm 30 April 2025, which will be answered by the posting of an amendment. Any questions received after the stated deadline will not be addressed.

CONTRACTOR BASE ACCESS

1.0 CONTRACTOR ACCESS TO MARINE CORPS INSTALLATION

1.1 Performance of this requirement requires access to Marine Corp Air Station (MCAS) Cherry Point. Contractor personnel shall follow all procedures for access to the Air Station in accordance with Air Station Order (ASO) 5560.6A, available at: http://www.cherrypoint.marines.mil/Portals/86/Docs/Cherrypointorders/5560.6A.pdf?ver=2016-03-29-110019-410

1.2 Marine Corps Installations transition to new access control system

Marine Corps Installations across the region are transitioning to a new government-owned access control system called Defense Biometric Identification System (DBIDS). This new and enhanced system will replace RAPIDGate and MCESS for contractors and other non-DoD-affiliated personnel requiring installation access. DBIDS is already installed at more than 320 sites with over 5 million registered personnel and unlike previous systems, this one is a free service.

Current RAPIDGate or MCESS credentials can easily be switched out for a DBIDS credential and new contractors can apply for a DBIDS credential using the same vetting requirements as previously required. RAPIDGate/MCESS credentials will be honored until December 31, 2018. After this date, all contractors will be required to have a DBIDS credential in order to access MCAS Cherry Point. In order to reduce wait time when exchanging your RAPIDGate/MCESS credential, it is highly recommended each applicant pre-register at https://dbids-global.dmdc.mil/enroll#!/.

Here’s what you need to know:

CURRENT DOD ID CARD HOLDERS

· If you currently hold a valid Common Access Card (CAC), dependent ID card, reserve ID card, or retiree ID card, issued by the Defense Enrollment Eligibility Reporting System (DEERS), no further action is required.

· You will be automatically enrolled in DBIDS when your ID card is initially scanned at the gate. Expect a one-time delay of 3-6 seconds as the DBIDS system initially registers your information.

CURRENT CONTRACTORS

DBIDS credentials will be issued beginning September 24, 2018

· DBIDS credentials will be valid for the duration of your contract, not to exceed five years; however, re-vetting of individuals’ information will occur each year.

· Contractors can exchange their current RAPIDGate/MCESS credential for a DBIDS credential without re-vetting, however they will be required to bring the following items:

· Current RAPIDGate/MCESS credential

· Second form of government-issued identification (driver license, passport, etc.)

· Company Contract/Letter of Authorization

· New DBIDS credentials will be valid for the remainder of the contract (not to exceed 5 years), but individuals will be re-vetted each year.

· All contractors (MCAS Cherry Point) will be able to exchange their current RAPIDGate/MCESS credential at the MCAS Cherry Point Contractor Vetting Office, Building 251 (Pass and ID).

NOTE: Flight line access will still be granted at Physical Security using the procedures already in place.

NEW CONTRACTORS

· DBIDS credentials will be issued beginning September 24, 2018

· New contractors requiring access for over 60 days will receive a credential valid for up to one year.

· New contractors requiring access for less than 60 days will receive a temporary paper pass.

REMINDER: Beginning October 1, 2018, all personnel in possession of a RAPIDGate/MCESS credential will also be required to provide a second valid U.S. government form of identification. Beginning September 24, 2018, DBIDS credentials will be issued or exchanged in place of a RAPIDGate/MCESS credential. The last day RAPIDGate/MCESS credentials will be authorized for entry onto the installation is December 31, 2018.

More information on DBIDS can be accessed by current CAC holders at https://dbids.dmdc.mil/#!/resources.

If you have questions regarding the exchange of a current RAPIDGate/MCESS credential for DBIDS or you are a new contractor seeking enrollment into DBIDS, please contact the Contractor Vetting Office at (252) 466- 4685/5921/3066/3461.

1.3 The MCAS Cherry Point main gate is located off NC State Highway 101, Havelock, NC. Visitors without proper vehicle identification are required to check-in at the visitor’s center adjacent to the main gate.

1.4 Contractors are required to wear personal protective equipment (PPE) consisting of hearing protection, eye protection, and safety shoes. PPE will not be provided by the facility. Contractor representatives without the appropriate PPE will not be allowed access to the facility.

2.0 IDENTIFICATION OF CONTRACTOR PERSONNEL

Contractor personnel shall identify themselves as contractor personnel by introducing themselves or when being introduced. Contractor personnel shall display distinguishing badges or other visible identification for meeting with Government personnel. Contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence.

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

JEFFREY CLAYTON

A STREET, BLDG 4380

CHERRY POINT NC 28533

252-466-6787 FOB: Destination M30146

M30146

M30146

M30146

M30146

M30146

M30146

M30146

M30146

M30146

M30146

M30146

M30146

M30146

M30146

M30146

SALES TAX EXEMPTION

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

CLAUSES INCORPORATED BY REFERENCE

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.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

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:

The award will be made using simplified acquisition procedure and the best value process. For this reason, the final award decision may be made to other than lowest priced or highest technically rated quote. To determine the best value, a comparative assessment of the offeror’s price, technical acceptability and past performance will be conducted.

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

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION 2025-O0003/DEVIATION 2025-O0004) ALTERNATE I (MAR 2025) NOTICE: Per Class Deviations 2025-O0003 & 2025-O0004, Section (d) & (t) are not required to be answered and will not be evaluated.)

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 (SDVOSB) concern" means a small business concern--

(1)(i) Not less than 51 percent of which is owned and controlled 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; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

"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 124.1001", 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 the threshold at 13 CFR 124.104(c)(2) 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 and controlled 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…