MCT_Combined_Synopsis_Solicitation_Final.pdf

Multi-Crane Trainer (MCT)

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. Naval Air Warfare Center Training Systems Division (NAWCTSD) in Orlando, Florida intends to issue a Firm Fixed Price (FFP) purchase order as a small business set-aside. This announcement constitutes the synopsis and solicitation of the quoted items; no additional request for quotations and/or request for solicitation will be issued.

This solicitation reference N6134022R0005 is issued as a request for quotation (RFQ) and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2021-07 effective 11 August 2021. This procurement is being solicited as a 100% small business set-aside. The North American Classification System (NAICS) code for this effort is 333318 with a size standard of 1000 employees. The Product Service Code is 6910. This procurement will be awarded using the Simplified Acquisition Procedures (SAP) outlined in FAR Subpart 13.5. All quote information shall be furnished at no cost or obligation to the Government.

Small Business Subcontracting: Please be advised that the FAR 52.219-14 Limitations on Subcontracting clause has changed. Deviation 2020-O0008 is now in effect which includes the definition of “Similarly Situated Entity” and provides a revised methodology for the 50% calculation for compliance with the clause. Small business primes may count “first tier subcontracted” work performed by similarly situated entities as if it were performed by the prime itself. Please read the full text of the clause deviation (52.219-14 Class Deviation 2020-O0008 rev 2 dated 11/06/20 at https://www.acq.osd.mil/dpap/policy/policyvault/USA002296-20- DPC.pdf)

Notification of Budget: The total budget for the requirements outlined below is $1.9M. Quotes received that exceed this estimate will be deemed unacceptable for award. Respondents are encouraged to offer competitive pricing as the Government will select the responsible offeror with the lowest price technically accepted (LPTA) quote. See below for additional information on the instructions for the submission of quotes and the evaluation criteria.

1.0 REQUIREMENT DESCRIPTION:

The purpose of this procurement is to acquire two (2) Multi-Crane Trainer (MCT) simulators and associated software in support of installation at Navy Expeditionary Logistics Support Group (NAVELSG) Cheatham Annex, Naval Weapons Station Yorktown, Williamsburg, VA. The required Multi-Crane Trainer (descriptions and quantities) are identified in Section 2.0, Table 1. Delivery information is identified in Section 2.0, Table 2.

Detailed requirements are outlined in the following attachments and exhibits:

Attachment 1 - MCT Statement of Work dated 30 September 2021 Attachment 2 - Specification document dated 30 September 2021 Attachment 3 - Government Furnished Information (GFI) List Attachment 4 - Addendum to FAR 52.212-3 Attachment 5 - Draft DD254 form (to be finalized at award) Attachment 6 - GFI Request Distribution Agreement

Contract Data Requirement Lists (CDRLs):

Exhibit A - CDRLs A001-A004

Exhibit B - CDRLs B001-B003 Exhibit C - CDRL C001 Exhibit D - CDRL D001 Exhibit E - CDRL E001 Exhibit F - CDRL F001

To view Attachment 2, Specification document, the GFI associated with Attachment 3, and the CDRL Exhibits A-F, prospective contractors must complete the NDA form (Attachment 6) and submit the request to the Cognizant and Secondary Point of Contact in Section 11.

2.0 LIST OF CONTRACT LINE ITEM NUMBERS, ITEMS, QUANTITIES, UNITS OF

MEASURE AND DELIVERY DATE/LOCATION

The resulting purchase order will consist of one (1) Firm- Fixed Price (FFP) contract line item number (CLIN).

Table 1

CLIN Item Description Unit of Issue

Qty Unit Price

Total Price

Multi-Crane Trainer to include a reconfigurable operator’s console, an Instructor Operator Station (IOS) and a server rack.

EA 2 $ $

TOTAL $ $

Delivery shall be F.O.B. destination in accordance to FAR 52.247-34 to:

Table 2

CLIN Description Delivery

Date

QTY

Ship to Address/Point of Contact

Multi-Crane Trainer to include a reconfigurable operator’s console, an Instructor Operator Station (IOS) and a server rack.

12 months after contract award

Navy Expeditionary Logistics Support Group (NAVELSG) Cheatham Annex, CAD 521 Attn: Brennan Guenzel 593 Mayfield St, Williamsburg, VA 23185

Note: Inspection and Acceptance will occur at delivery site and will be conducted by the Government. Delivery of both trainers shall be made no later than 12 months after award.

Anticipated award date is no later than 03 December 2021.

3.0 INSTRUCTIONS FOR THE SUBMISSION OF QUOTES:

All quotes shall be submitted by the closing date and time via the Procurement Integrated Enterprise Environment (PIEE) Solicitation Module. Refer to Section 5.0 for more details.

Submission by any other method will result in rejection of the entire quote.

A Quoter is solely responsible for completing and submitting the required documents in sufficient detail to allow the Government to assess the quotation based on all the evaluation criteria in this RFQ.

Quoters shall thoroughly examine all SOW tasks, evaluation criteria information, and attachments prior to submitting an offer. Failure to do so will be at the Quoter’s own risk.

The Government will not pay any Quoter for any costs or expenses associated with the preparation of its quotation. All quote development costs shall be borne by the Quoters without reimbursement from the Government.

Quoters submitting any proprietary or restricted information or data shall mark it as such.

The Government assumes no liability for disclosure or use of unmarked information or data and may use or disclose the unmarked information or data for any purpose. Unless restricted, information and data submitted in response to this RFQ may become subject to disclosure to the public pursuant to the provisions of the Freedom of Information Act (5 U.S.C. 552).

Quotations shall set forth full, accurate, and complete information as required by this RFQ package (including Attachments). The penalty for making false statements in quotations is prescribed in 18 U.S.C. 1001. The only method by which any term of this RFQ may be modified is by a formal amendment to the RFQ generated by the issuing office. No other communication, whether oral or in writing will modify or supersede the terms of this RFQ.

Quotes shall be handled in accordance with FAR Subpart 3.104-4. Information requested herein must be furnished via electronic submission and be fully and completely in compliance with the RFQ instructions. The information requested and the manner of submission is essential to permit prompt evaluation of all quotes on a fair and uniform basis.

3.1 QUOTE FORMAT

Quotes that do not follow these instructions, or otherwise include documentation that is difficult to read, may result in disqualification. Each Quoter must submit a quote consisting of written information in strict accordance with these instructions. Failure to follow these instructions may result in the exclusion of the Quoter from consideration for award.

Quotes shall be submitted electronically to those individuals identified in paragraph 6.0 in one of the following searchable file formats: Microsoft Word document compatible with MS Office 2013 (.doc or .docx file), Microsoft Excel document (.xls or .xlsx file), or searchable Portable Document Format (.pdf file).

The electronic quotation shall be organized to correspond with the evaluation criteria using standard 8 ½ x 11” size paper, 12-point Times New Roman type, single spaced and 1-inch margins.

Files shall not be locked, encrypted, or otherwise contain barriers to opening.

All files shall be clearly titled to represent the specific portion of the Quoter’s Volume. Each page shall include the Quoter’s name, Volume number, file name, date, and RFQ number (and amendment, if applicable).

3.2 QUOTATION CONTENT AND VOLUMES

Responses shall be organized in the following manner:

Volume Number

Volume Title Page Limit Copies Required

1 ADMINISTRATIVE

COMPLETENESS

As needed 1 Soft (Electronic)

Original

2 TECHNICAL

APPROACH &

DELIVERY

As needed 1 Soft (Electronic)

Original

3 PRICE As needed 1 Soft (Electronic)

Original

Quoters shall include the following in each volume:

I. VOLUME I: ADMINISTRATIVE COMPLETENESS

(a) The Quoter shall provide the name, title, telephone number, and e-mail address of the company/division point of contact that can contractually obligate your company.

The quotation shall identify those individuals authorized to negotiate with the Government. The quotation shall provide the company name, street address, and Data Universal Numbers System (DUNS) number.

(b) Quoters shall identify and address assumptions, deviations, and exceptions. Full explanation and justification of assumptions, deviations, and exceptions must be provided. Failure to provide a full explanation and justification for any assumption, deviations, and exceptions may result in the exclusion of the Quoter from consideration for award. In addition, assumptions, conditions, exceptions, and deviations may cause the Quoters RFQ to be considered “Unacceptable” and, thus, not awardable. If no assumptions, deviations or exceptions are taken to the solicitation terms and conditions, a statement to that effect is required.

(c) Quoters shall provide a completed copy of all provisions that require “fill-in” information. The provisions are as follows:

52.209-2 Prohibition On Contracting With Inverted Domestic Corporations – Representation (November 2015)

52.209-5 Certification Regarding Responsibility Matters (Aug 2020) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016) 52.225-2 Buy American Certificate (Feb 2021) 52.229-11 Tax on Certain Foreign Procurements--Notice and Representation 252.203-7005 Representation Relating to Compensation of Former DoD Officials 252.204-7007 Alternate A, Annual Representations and Certifications (May 2021) 252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services—Representation

252.227-7017 Identification and Assertion of Use, Release, or Disclosure Restrictions

252.227-7028 Technical Data or Computer Software Previously Delivered to the Government

(d) Quoters shall include copies of all applicable SAM records, which includes the size assertions for the applicable NAICS Code.

II. VOLUME II: TECHNICAL APPROACH & DELIVERY

(a) Quoters shall include a delivery schedule. The delivery schedule shall identify the following milestones: Project Kickoff (PK), Technical Interchange Meetings (TIMs), Factory Acceptance Test (FAT), Government Acceptance Test (GAT), Instructor Operator Station (IOS) Training, Final Contract Data Requirements List (CDRL) Deliveries, and Delivery/DD250. The Final Delivery Date is NLT 12 months after award. Quoters shall assume an award date of 3 December 2021. The milestones shall be linked and in sequence. The schedule may be provided in the Quoter’s preferred format (e.g. Ganntt Chart, Integrated Master Schedule, etc.), but must be accessible in either Microsoft Excel or Microsoft Project.

(b) Quoters shall include information related to the commercial off the shelf (COTS) items that will be utilized in the design of the trainer. Quoters shall ensure all systems (including, but not limited to, hardware, software, networking, and interfaces) are COTS to the maximum extent possible IAW SOW paragraph 3.2.1.

III. VOLUME III: PRICE

The Price portion of the quotation shall be submitted in the Quoters preferred format and shall include a single price for the identified CLIN/Quantities specified in Section 2.0 above. The price must be inclusive of all delivery and handling costs, as applicable.

Quoters are reminded that the proposed prices for each CLIN shall be inclusive of all costs to complete the requirements (i.e. travel, material, labor, etc.). Quotations should include the Quoter’s best pricing; including all discounts, as there may not be another opportunity to offer further discounts.

Note: The total budget for the requirements is $1.9M. Respondents are encouraged to offer competitive pricing as the Government will select the responsible offeror with the lowest price technically accepted (LPTA) quote. A quote exceeding the budget will be considered unacceptable for award.

4.0 EVALUATION CRITERIA

Evaluation Factors and Process. The Government shall issue a delivery order resulting from this RFQ to the responsible Quoter whose quotation is most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

TECHNICAL (Volume 2) PRICE (Volume 3)

The Government will evaluate quotes received in response to this RFQ using the Lowest-Price- Technically-Acceptable (LPTA) methodology. Quoters should submit its best terms in the initial quotation. The quotation must demonstrate to the Government’s satisfaction that the Quoter will provide a quality supply or service that will ensure the successful accomplishment of the requirements and overall program objectives.

The Government will evaluate the quotation offering the lowest price first. If the Technical volume of the quotation offering the lowest price is found unacceptable, then the Government will evaluate the next lowest priced quotation's Technical volume. Next, the Government will review the Price volume from the quoter that submitted the lowest-priced, technically acceptable quotation to determine whether the price is fair and reasonable. If that quotation’s price is fair and reasonable, the Government will complete a responsibility determination, and if the Government finds the quoter responsible, then the evaluation process stops as that quotation represents the best value to the Government. Award shall be made to that quoter without further consideration of any other quotations.

The lowest evaluated price of quotation shall meet or exceed the acceptability standards for the Technical Factor. The Government will evaluate quotations against the minimum requirements set out in the RFQ to determine whether the quotation is "Acceptable" or "Unacceptable" using the ratings and descriptions provided in the evaluation ratings listed below:

Table A: Definition of Evaluation Ratings

ACCEPTABLE (A) The quotation meets the minimum requirements of the RFQ.

UNACCEPTABLE (U)

The quotation does not clearly meet the minimum requirements of the RFQ.

4.1 SPECIFIC EVALUATION CRITERIA/BASIS FOR AWARD

I. VOLUME 1: ADMINISTRATIVE COMPLETENESS

The Government will evaluate Volume 1 to verify that the requested information of Section 3.2, paragraph I, subparagraphs (a) through (d) has been provided. That information may be necessary for a quote to be acceptable for award. Any questions to Quoters to resolve issues with that information are not considered deficiencies that make a contractor unacceptable for award, even if the information is necessary for award, unless the Quoter refuses to provide the requested information.

II. VOLUME 2: TECHNICAL APPROACH & DELIVERY

The Government will evaluate Volume 2 utilizing the Acceptable/Unacceptable basis. A quotation may be deemed “Unacceptable” if the quotation merely repeats or restates the SOW words or make statements lacking the required information.

(a) An acceptable delivery schedule is one that:

1. Includes all of the required milestones: Project Kickoff (PK), Technical Interchange Meetings (TIMs), Factory Acceptance Test (FAT), Government

Acceptance Test (GAT), Instructor Operator Station (IOS) Training, Final Contract Data Requirements List (CDRL) Deliveries, and Delivery/DD250.

2. Includes all of the milestones in the proper sequence by the planned occurrence date.

3. Shows delivery NLT 12-months after award.

(b) An acceptable technical approach demonstrates the use of COTS to the maximum extent possible.

III. VOLUME 3: PRICE

It is expected that a purchase order award decision will include a determination that there is adequate price competition and that the proposed prices are reasonable. In limited situations, additional analysis may be required by the Government to determine reasonableness.

Proposed prices shall not exceed the budget of $1.9M.

5.0 RESPONSE SUBMISSION INFORMATION:

Quotes are due no later than 4:00PM Eastern Standard Time on 09 November 2021.

Quotes will be accepted electronically via PIEE Solicitation Module (https://piee.eb.mil) under the Naval Air Warfare Center Training Systems Division (NAWCTSD), RFQ Number N6134022R0005. In addition to the requirements found at clause 52.212-1(b) and throughout this synopsis/ solicitation, responses must also include solicitation number; a direct point of contact; delivery schedule(s); commercial warranty terms, discount terms; business type, size standard; CAGE code; and DUNS number; Tax ID number, and complete total amount for each line item. Response must also include the name, address, and telephone number of offeror. Proprietary data in the response will be protected where so designated.

6.0 CONTRACT PROVISIONS INCORPORATED BY REFERENCE

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain

Federal Transactions (Sept 2007) 52.204-7 System for Award Management (Oct 2018) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-17 Ownership or Control of Offeror (Aug 2020) 52.204-20 Predecessor of Offeror (Aug 2020) 52.204-24 Representation Regarding Certain Telecommunications and Video

Surveillance Services or Equipment (Oct 2020) 52.204-26 Covered Telecommunications Equipment or Services-Representation

(Oct 2020) 52.212-1 Instructions to Offerors-Commercial Items (Jul 2021) 52.219-1 Small Business Program Representation, Alt 1 (Sept 2015) 52.222-22 Previous Contracts and Compliance Reports (February 1999) 52.222-25 Affirmative Action Compliance (Apr 1984)

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (Jun 2020)

52.239-1 Privacy or Security Safeguards (Aug 1996) 252.215-7007 Notice of Intent to Resolicit (June 2012) 252.215-7008 Only One Offeror (July 2019) 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors (Jan 2018) 252.225-7031 Secondary Arab Boycott of Israel (June 2005)

7.0 PROVISIONS INCORPORATED BY FULL TEXT

FAR provision 52.252-1, Solicitation Provisions Incorporated by Reference

Solicitation Provisions Incorporated by Reference (Feb 1998)

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

(End of Provision)

252.227-7017 IDENTIFICATION AND ASSERTION OF USE, RELEASE, OR DISCLOSURE

RESTRICTIONS (JAN 2011)

(a) The terms used in this provision are defined in the following clause or clauses contained in this solicitation--

(1) If a successful offeror will be required to deliver technical data, the Rights in Technical Data--Noncommercial Items clause, or, if this solicitation contemplates a contract under the Small Business Innovation Research Program, the Rights in Noncommercial Technical Data and Computer Software--Small Business Innovation Research (SBIR) Program clause.

(2) If a successful offeror will not be required to deliver technical data, the Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation clause, or, if this solicitation contemplates a contract under the Small Business Innovation Research Program, the Rights in Noncommercial Technical Data and Computer Software-- Small Business Innovation Research (SBIR) Program clause.

(b) The identification and assertion requirements in this provision apply only to technical data, including computer software documentation, or computer software to be delivered with other than unlimited rights. For contracts to be awarded under the Small Business Innovation Research Program, the notification and identification requirements do not apply to technical data or computer software that will be generated under the resulting contract. Notification and identification is not required for restrictions based solely on copyright.

(c) Offers submitted in response to this solicitation shall identify, to the extent known at the time an offer is submitted to the Government, the technical data or computer software that the Offeror, its subcontractors or suppliers, or potential subcontractors or suppliers, assert should be furnished to the Government with restrictions on use, release, or disclosure.

(d) The Offeror's assertions, including the assertions of its subcontractors or suppliers or potential subcontractors or suppliers, shall be submitted as an attachment to its offer in the following format, dated and signed by an official authorized to contractually obligate the Offeror:

Identification and Assertion of Restrictions on the Government's Use, Release, or Disclosure of Technical Data or Computer Software.

The Offeror asserts for itself, or the persons identified below, that the Government's rights to use, release, or disclose the following technical data or computer software should be restricted:

Technical Data or

Computer Software Name of Person to be Furnished Basis for Asserted Rights Asserting

With Restrictions* Assertion** Category*** Restrictions****

(LIST)***** (LIST) (LIST) (LIST)

* For technical data (other than computer software documentation) pertaining to items, components, or processes developed at private expense, identify both the deliverable technical data and each such item, component, or process. For computer software or computer software documentation identify the software or documentation.

** Generally, development at private expense, either exclusively or partially, is the only basis for asserting restrictions. For technical data, other than computer software documentation, development refers to development of the item, component, or process to which the data pertain. The Government's rights in computer software documentation generally may not be restricted. For computer software, development refers to the software. Indicate whether development was accomplished exclusively or partially at private expense. If development was not accomplished at private expense, or for computer software documentation, enter the specific basis for asserting restrictions.

*** Enter asserted rights category (e.g., government purpose license rights from a prior contract, rights in SBIR data generated under another contract, limited, restricted, or government purpose rights under this or a prior contract, or specially negotiated licenses).

**** Corporation, individual, or other person, as appropriate.

***** Enter "none" when all data or software will be submitted without restrictions.

Date ____________________________________

Printed Name and Title ____________________________________

Signature ____________________________________

(End of identification and assertion)

(e) An offeror's failure to submit, complete, or sign the notification and identification required by paragraph (d) of this provision with its offer may render the offer ineligible for award.

(f) If the Offeror is awarded a contract, the assertions identified in paragraph (d) of this provision shall be listed in an attachment to that contract. Upon request by the Contracting Officer, the Offeror shall provide sufficient information to enable the Contracting Officer to evaluate any listed assertion.

(End of Provision)

252.227-7028 TECHNICAL DATA OR COMPUTER SOFTWARE PREVIOUSLY DELIVERED

TO THE GOVERNMENT (JUN 1995)

The Offeror shall attach to its offer an identification of all documents or other media incorporating technical data or computer software it intends to deliver under this contract with other than unlimited rights that are identical or substantially similar to documents or other media that the Offeror has produced for, delivered to, or is obligated to deliver to the Government under any contract or subcontract. The attachment shall identify--

(a) The contract number under which the data or software were produced;

(b) The contract number under which, and the name and address of the organization to whom, the data or software were most recently delivered or will be delivered; and

(c) Any limitations on the Government's rights to use or disclose the data or software, including, when applicable, identification of the earliest date the limitations expire.

(End of Provision)

8.0 CLAUSES INCORPORATED BY REFERENCE

Note: All of these clauses will be incorporated into the resultant order:

52.203-12 Limitation on Payments to Influence Certain Federal Transactions (Jun

2020) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec

2014) 52.212-4 Contract Terms and Conditions – Commercial Items (Oct 2018) 52.219-6 Notice of Total Small Business Set- Aside (Nov 2020) 52.219-14 Limitations on Subcontracting (Sept 2021) 52.219-28 Post-Award Small Business Program Representation (Sept 2021)

52.219-33 Nonmanufacturer Rule (Sept 2021) 52.229-12 Tax on Certain Foreign Procurements (June 2020) 52.232-39 Unenforceability of Unauthorized Obligations (June 2013) 52.233-1 Disputes (May 2014) 52.243-1 Changes – Fixed-Price (August 1987) 52.247-34 F.O.B. – Destination (Nov 1991) 252.203-7000 Requirements Relating to Compensation of Former DoD Officials

(Sep 2011) 252.203-7002 Requirements to Inform Employees of Whistleblower Rights ( Sep

2013) 252.203-7003 Agency Office of the Inspector General (Aug 2019) 252.204-7003 Control of Government Personnel Work Product (Apr 1992) 252.204-7004 Antiterrorism Awareness Training for Contractors (Feb 2019) 252.204-7006 Billing Instructions (October 2005) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident

Reporting (Dec 2019) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

(May 2016) 252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services (Jan 2021) 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the

Government of a Country that is a State Sponsor of Terrorism (May 2019) 252.211-7008 Use of Government-Assigned Serial Numbers (Sept 2010) 252.225-7001 Buy American and Balance of Payment Program-Basic (Dec 2017) 252.225-7012 Preference for Certain Domestic Commodities (Dec 2017) 252.225-7048 Export-Controlled Items (Jun 2013) 252.227-7013 Rights in Technical Data- Noncommercial Items (Feb 2014) 252.227-7014 Rights in Noncommercial Computer Software and Noncommercial

Computer Software Documentation (Feb 2014) 252.227-7015 Technical Data--Commercial Items (Feb 2014) 252.227-7016 Rights in Bid or Proposal Information (Jan 2011) 252.227-7019 Validation of Asserted Restrictions--Computer Software (Sept 2016) 252.227-7030 Technical Data--Withholding of Payment (Mar 2000) 252.227-7037 Validation of Restrictive Markings on Technical Data (Sept 2016) 252.232-7003 Electronic Submission of Payment Request and Receiving Reports

(Dec 2018) 252.232-7010 Levies on Contract Payments (Dec 2006) 252.243-7001 Pricing of Contract Modifications (Dec 1991) 252.243-7002 Requests for Equitable Adjustment (Dec 2012) 252.244-7000 Subcontracts for Commercial Items (Jun 2013) 252.246-7008 Sources of Electronic Parts (May 2018) 252.247-7023 Transportation of Supplies by Sea (Feb 2019)

9.0 CLAUSES INCORPORATED BY FULL TEXT

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive

Orders—Commercial Items. (Jul 2021)

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

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

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

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

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

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

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

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

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

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

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

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

__ (5) [Reserved].

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

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

__ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for debarment. (Jun 2020) (31 U.S.C. 6101 note).

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

__ (10) [Reserved].

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

__ (ii) Alternate I (Mar 2020) of 52.219-3.

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

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved] __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C.

644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

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

644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C.

637(d)(4)).

__ (ii) Alternate I (Nov 2016) of 52.219-9.

__ (iii) Alternate II (Nov 2016) of 52.219-9.

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9 __ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

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

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

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

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

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

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

__ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).

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

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

_ X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_ X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

_ X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_ X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

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

__ (ii) Alternate I (Jul 2014) of 52.222-35.

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

__ (ii) Alternate I (Jul 2014) of 52.222-36.

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

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

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

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

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

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

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

__ (38) 52.223-11, Ozone-Depleting Substances and High global warming potential hydrofluorocarbons (Jun 2016) (E.O. 13693).

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

__ (40) (i) 52.223-13, acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41) (i) 52.223-14, acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming products (May 2020) (42 U.S.C. 8259b).

__ (43) (i) 52.223-16, acquisition of EPEAT®-Registered Personal Computer products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

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

__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

_X_ (48) 52.225-1, Buy American-supplies (Jan2021) (41 U.S.C. chapter 83).

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Jan 2021)(41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (Jan 2021) of 52.225-3.

__ (iii) Alternate II (Jan 2021) of 52.225-3.

__ (iv) Alternate III (Jan 2021) of 52.225-3.

_ X_ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

_ X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

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

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C.

5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021) .

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

__ (57) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

_ X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).

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

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

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

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C.

637(d)(13)).

__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

__ (iii) Alternate II (Feb 2006) of 52.247-64.

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

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C.

chapter67).

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

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

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

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

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

__ (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

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

13706).

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

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

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

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

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

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

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

3509).

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

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

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

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

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

793).

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

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

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

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

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).

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

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

(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Nov 2020).

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

13706).

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

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

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

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

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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

(End of clause)

Clauses Incorporated By Reference (Feb 1998)

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

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)

(a) Definitions. As used in this clause-

Automatic identification device means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

Concatenated unique item identifier means--

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

Data Matrix means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.

Data qualifier means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

DoD recognized unique identification equivalent means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.

DoD item unique identification means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier;

the original part, lot, or batch number; and the serial number.

Enterprise means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency.

Government's unit acquisition cost means--

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.

Issuing agency means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

Issuing agency code means a code that designates the registration (or controlling) authority for the enterprise identifier.

Item means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

Lot or batch number means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

Machine-readable means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

Original part number means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

Parent item means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

Serial number within the enterprise identifier means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

Serial number within the part, lot,…