MITD Railcar Maintenance Solicitation.pdf

PDF 3 MB Posted Sep 8, 2022

Attached to: MITD Railcar Maintenance Federal contract opportunity
Solicitation number: W911S0-22-Q-0025
Issued by: Department of the Army Materiel Command Mission and Installation Contracting Command Fort Eustis

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COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

A. General Information

Document Type: Combined Synopsis/Solicitation Solicitation Number: W911S0-22-Q-0025 Subject/Requirement: Rail Car Maintenance Posted Date: 8 September 2022 Question Closing Date: 9 September 2022 Quotation Submittal Date: 12 September 2022 Product or Service Code: J022 Set Aside: 100% Small Business Set-Aside NAICS Code: 488210 Contracting Office: Mission and Installation Contracting Command (MICC) – Fort Eustis

705 Washington Blvd Fort Eustis, VA 23604

Points of Contact: Contracting Officer: Adeline Maissonet, adeline.maissonet.civ@army.mil Contract Specialist: Jared Maunz, jared.b.maunz.civ@army.mil

B. Description

B-1. This is a combined synopsis/solicitation for commercial products prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

B-2. Solicitation W911S0-22-Q-0025 is issued as a Request for Quotations (RFQ).

B-3. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2022-07.

B-4. The requirement is 100% set-aside for small business concerns. The associated North American Industrial Classification System (NAICS) is 488210 with a small business size standard of $30,000,000.

B-5. Line item numbers and associated descriptions are as follows:

Line Item Description Quantity Unit Unit

Price Total Price

0001 Direct Labor

FFP

MITD Railcar Maintenance Services Acceptance Location: Destination

1 Job

0002 Other Direct Costs (ODC) - Travel Travel costs in support of MITD Railcar Maintenance Services.

Not-to-Exceed (NTE).

Cost Acceptance Location: Destination

1 Job

0003 Other Direct Costs (ODC) - Materials Material costs in support of MITD Railcar Maintenance Services.

Not-to-Exceed (NTE).

Cost Acceptance Location: Destination

1 Job

C. Requirement

Performance Work Statement (PWS) US Army Transportation School Sustainment Center of Excellence (SCoE) Maritime and Intermodal Training Department (MITD) Rail Car Maintenance

C-1. GENERAL. This is a non-personal services contract to provide the MITD with Railcar Maintenance Services. The Government shall not exercise any supervision or control over the service providers performing the services herein. Such service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

C-1.1. Description of Services/Introduction. The Contractor shall provide all personnel, needed supplies, transportation, supervision and non-personal services necessary to perform maintenance for three (3) flatbed railcars at the Transportation School, Fort Eustis, VA. The Contractor shall perform to the standards outlined in this PWS.

C-1.2. Background. The Transportation School at Fort Eustis, in order to provide current, state of the art training for soldiers in the deployment and distribution subjects requires training facilities/equipment that will support training. Railcar Maintenance Services will ensure that the three (3) flatbed railcars are safe and fully serviceable for use in training. The Railcar Maintenance Services are needed to keep current with equipment, systems, doctrine and training aspects of logistics that provides for deployment and distribution services.

C-1.3. Objective. The objective is to obtain the necessary services to complete the railcar maintenance tasks, as outlined in this PWS within 45 days or less from when the work starts during the period of performance.

C-1.4. Scope. The scope of the services shall be for railcar maintenance which includes, sandblasting (or equivalent method), painting, sealing, replacing wood decking and bolt maintenance (inspecting, tightening, replacing) in accordance with all governing laws and procedures.

C-1.5. Period of Performance (POP). The period of performance is for 45 days.

C-1.6. Place of Performance. The United States Army Transportation School (USATSCH), MITD railcar facility area, Fort Eustis, Virginia.

C-1.7. Contractor Single Point of Contact (POC). The Contractor shall provide a single POC to be responsible for the performance of the work. The name of this person shall be designated in writing to the Contracting Officer (KO) and the Contracting Officer’s Representative (COR), within five (5) business days after the award date. The POC shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract and shall be available between the hours of 8:00 a.m. – 5:00 p.m. Eastern Time (ET), Monday through Friday. Site visits may be required of the POC for In-Process Reviews (IPRs) and other related meetings. The POC shall respond to inquiries from the KO or the COR within one (1) business day. The POC shall coordinate all aspects of this contract through the COR.

C-1.8. Final Inspection and Acceptance by the Government. A final inspection of all work will be conducted jointly by the Contractor POC and the COR to ensure all work and components are satisfactory and the quality of work is sufficient for payment under this contract.

C-1.9. General Information. The Contractor shall alert the KO and COR of any Government requested changes to this PWS that will impact scope (schedule/cost). The Contractor shall not perform any services beyond what is specified in the PWS until a modification to the contract has been executed by the KO authorizing the requested changes.

C-1.10. Federal Holidays, Training Holidays and Block Leave. Such designated days will have no impact on the performance of the contract services.

C-1.11. Hours of Operation. The Contractor is responsible for conducting services between the hours of 8:00 AM ET to 5:00 PM ET, Monday through Friday except Federal holidays, including those authorized by Executive Order (EO) of the President, or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

C-1.11.1. Visitor Access. Fort Eustis conducts identification (ID) checks of all adults (18 years and older) entering the post. Anyone coming to Fort Eustis for the First time without a federal identification card, or with an expired access pass, must go to the 733rd Visitor Control Center (VCC), located at 1 Dozier Road, Building 2, Fort Eustis, VA 23604, with a valid government-issued photo ID (such as a driver's license) to receive an initial background check. Security Manager, MITD, will coordinate with the contractor to facilitate visitor/vehicle access.

C-1.12. Security Requirements. Security requirements will be in accordance with the paragraph listed above. The Contractor shall not have a need for/nor access to the Army LAN or network for the performance of services under this contract.

C-1.13. Employment Restrictions. The Government may restrict any Contractor employee from accessing Government facilities/installations if he/she is determined to be a potential threat to the health, safety, general well-being or operational mission on the installation or its population. In the event this occurs, the Contractor is still required to perform the services and meet contract requirements.

C-1.14. Prohibition of Photography on the Installation. In accordance with All Army Activities (ALARACT) Message 087-2008, Commercial Imagery 1, Department of Defense Instruction Number 5200.08, 10 Dec 05, and Department of Defense 5200.08-R, Physical Security Program, 9 Apr 07, contractors in support of Government contracts shall not take photographs or videotape on the installation without the Senior Commander’s written approval. Approval shall be coordinated in advance through the

COR.

C-1.15. Media Requests. Contractor personnel contacted by the media shall refer the request to the COR.

C-2. ACRONYMS.

ALARACT - All Army Activities AR – Army Regulation COR - Contracting Officer’s Representative EMP - Environmental Management Procedures 4.4.6.16 EO – Executive Order ID - Identification KO - Contracting Officer MITD - Maritime and Intermodal Training Department OSHA - Occupational Safety and Health Administration PWS – Performance Work Statement POC – Point of Contact POP - Period of Performance

PRS - Performance Requirements Summary USATSCH – United States Army Transportation School VCC - Visitor Control Center VOC - Volatile Organic Compounds WAWF – Wide Area Work Flow

C-3. GOVERNMENT FURNISHED ITEMS AND SERVICES. Government furnished items and services must be utilized in accordance with contract requirements. Accountability for Government furnished items will be conducted in accordance with Army Regulation (AR) 735-5.

C-4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES. The Contractor shall furnish all labor, supplies (including but not limited to: wood, bolts, paint, sealant), equipment, tools, and services required to perform work under this contract.

C-5. SPECIFIC TASKS. The USATSCH owns three (3) flatbed railcars on Fort Eustis, Virginia for training purposes. There are three (3) 60-foot wooden bed railcars to be serviced. Pictures of the railcars are provided at Technical Exhibit Five (5) – Railcar Maintenance Services Pictures. The start date of on-site performance of work shall be mutually agreed upon in writing by the Government and the Contractor. All tasks shall be completed within 45 calendar days or less from the start date of on-site performance of the work. Fort Eustis is a training base and it is critical that disruptions to training are minimized. NOTE: The Contractor shall treat ALL railcars as potentially containing heavy metals. Any waste paint chips/residue generated from the cleaning or sandblasting (or equivalent method) of the contaminated railcar shall be handled as hazardous waste. The Contractor, to include all subcontractors, shall have previous experience with performing the refurbishing services identified below. See Technical Exhibit Three (3) Marine Chemist Service report 0135867.

C-5.1 Rail Car USAX 47039. Deck Dimensions 53’6” Long/9’5” Wide. The Contractor shall remove all existing wood boards and replace with new wood boards. The wood shall be fitted to each section of the deck. Wood shall be able to withstand the outdoor elements, as well as be able to withstand heavy loads.

All vehicles loaded on the railcar are wheeled and the heaviest vehicle loaded weighs up to 40,000 pounds.

C-5.2 Rail Car USAX 47044. Deck Dimensions 53’6” Long/9’5” Wide. The Contractor shall remove all existing wood boards and replace with new wood boards. The wood shall be fitted to each section of the deck. Wood shall be able to withstand the outdoor elements, as well as be able to withstand heavy loads.

All vehicles loaded on the railcar are wheeled and the heaviest vehicle loaded weighs up to 40,000 pounds.

C-5.3 Rail Car USAX 38304. Deck Dimensions 54’ Long/10’5” Wide. The Contractor shall remove all existing wood boards and replace with new wood boards. The wood shall be fitted to each section of the deck. Wood shall be able to withstand the outdoor elements, as well as be able to withstand heavy loads.

All vehicles loaded on the railcar are wheeled and the heaviest vehicle loaded weighs up to 40,000 pounds.

The Contractor shall remove all existing wood board fasteners and replace with new fasteners. The Contractor shall be responsible for securing the replacement wooden deck with new bolts. Bolts shall be galvanized and able to withstand the elements. Replaced bolts shall be same dimensions of previous bolts used. The Contractor shall install new chain channels. The Contractor shall remove paint from the 89-foot metal bed railcar by sandblasting, or by using an equivalent method, and scraping. The Contractor shall sandblast (or equivalent method) the railcar top metal bed surface sections. The Contractor shall perform sandblasting (or equivalent method), waste handling and disposal in accordance with the Technical Exhibit Two (2) – Environmental Management Procedures (EMP) 4.4.6.16. The Contractor shall apply nonskid, low volatile organic compounds (VOC) paint, primer and/or adhesive materials to the sandblasted (or equivalent method) top metal surface section on the 89-foot metal bed railcar. The paint shall be gray or white in color. The paint shall contain no hazardous constituents after curing and shall withstand outdoor elements. The Contractor shall use sustainable products when possible. Prior to painting, the Contractor shall remove the existing paint by sandblasting (or equivalent method) or scraping the existing paint. The Contractor shall perform painting services in accordance with Technical Exhibit Three (3) – 9 VAC 5 CHAPTER 40 EXISTING STATIONARY SOURCES PART II Emission Standards ARTICLE 48 Emission Standards for Mobile Equipment Repair and Refinishing Operations (Rule 4-48).

C-5-4 Chain Channel Tie Downs. The Contractor shall supply 40 chains for the chain Channel tie downs.

C-6 Environmental Management Procedures (EMP) 4.4.6.16 – General. The Contractor shall comply the most current version of EMP 4.4.6.16. The Contractor shall conduct all services in a safe and healthful manner that minimizes accidents as well as impacts on Army operations and members of the public. The Contractor shall comply with applicable Federal, State, and local codes, standards and laws, including safety and occupational health requirements, as well as any additional specific requirements invoked by the contract.

C-7 Fines and Penalties. Failure to comply with environmental requirements may result in local, state or federal fines and penalties, including delay of final contract payment.

C-7.1 General. Any fines and penalties that are the result of actions by the Contractor, its subcontractors, employees, or other representatives/agents of the Contractor are the responsibility of the Contractor to pay. These fines/penalties are not to be passed on to CES Fort Eustis.

C-8 Compliance. IF THE CONTRACTOR FAILS OR REFUSES TO COMPLY PROMPTLY, THE

CONTRACTING OFFICER MAY ISSUE AN ORDER STOPPING ALL OR PART OF THE WORK UNTIL

SATISFACTORY CORRECTIVE ACTION HAS BEEN TAKEN, AND MAY TAKE OTHER ACTION

AGAINST THE CONTRACTOR IN ACCORDANCE WITH THIS CONTRACT.

C-9 Deliverables.

C-9.1 OSHA Compliant Safety Plan. The Contractor shall provide an OSHA compliant safety plan to be used for the duration of the period of performance, and updated as applicable, that includes the Contractor’s plan for reporting safety accidents to the Fort Eustis Safety Office.

C-9.2 Kick-off Meeting. The Contractor, in coordination with the COR, shall participate in an on-site meeting to outline the installation processes and procedures for the services. The meeting will be conducted within seven (7) calendar days of the start of the period of performance. The location will be at Fort Eustis.

The COR will provide the location prior to the meeting.

C-9.3 Invoices. The Contractor shall submit an invoice after the completed services have been accepted by the Government. The submission of the invoice shall be through WAWF in accordance with the WAWF instructions in the contract.

C-9.3 Channel Chains. The contractor shall supply 40 chains for the chain Channel Tie downs.

C-10. APPLICABLE PUBLICATIONS.

C-10.1 The following are publications applicable to this contract. Any updates to the publications also apply during the period of performance of the contract.

Environmental Management Procedures (EMP) 4.4.6.16 Title 29 C.F.R. Part 1910, Occupational Safety and Health Administration Title 40 C.F.R. Protection of Environment.

9 VAC 5 CHAPTER 40 EXISTING STATIONARY SOURCES PART II Emission Standards ARTICLE 48 Emission Standards for Mobile Equipment Repair and Refinishing Operations (Rule 4-48)

C-11 Technical Exhibit List.

C-11.1 Technical Exhibit One (1) - Performance Requirements Summary C-11.2 Technical Exhibit Two (2) – Environmental Management Procedures (EMP) 4.4.6.16 C-11.3 Technical Exhibit Three (3) - Marine Chemist Service report 0135867 C-11.4 Technical exhibit Four (4) - 9 VAC 5 CHAPTER 40 EXISTING STATIONARY SOURCES PART II Emission Standards ARTICLE 48 Emission Standards for Mobile Equipment Repair and Refinishing Operations (Rule 4-48) C-11.5 Technical Exhibit Five (5) Railcar Maintenance Services Pictures C-11.1 Technical Exhibit One (1) - Performance Requirements Summary

PERFORMANCE REQUIREMENT SUMMARY (PRS)

Performance Requirement

Summary Performance

Objective

SOW

Para.

Performance Standard

Surveillance method

Maximum Allowable Deviation

Remedy Amount of Task Order Monthly Price

PO1: Complete the project to standard within the time period allotted.

C-1.5 Complete the project within the 45 days or less three months or less.

Periodic on-site inspection of progress by

COR.

20% overage if due to weather conditions.

$100.00 per day for each day past the PoP which is not caused by an occurrence beyond the reasonable control of the Contractor.

Follow-up at IPR’s.

PO 2: Ensure the law abiding conduct of all employees.

C-1.7.2

C-1.11

C-1.12

Contractor and sub-personnel while on the installation obey all established federal, state, local laws and general conduct on a DoD military installation.

As/when reported to the DPW, COR or security forces.

None. Individual is escorted off post and barred from return.

Contractor is responsible for all/any costs associated with their employees conduct.

PO 3: Ensure C-5.6 All applicable safety Periodic None. $100.00 per day if not all Safety standards are met for inspection by corrected within 48 Requirements are personnel working on the COR, DPW and hours of official notice met and enforced. project. Fort Lee Safety office.

to contractor.

PO4: Provide industry standard material and ensure that only quantities used are charged to the Government.

C-5.3

C-5.10

Materials must meet current standards for use and must not exceed the amounts required for the project.

On-site observation and testing by DPW and the COR.

None. Contractor bears full cost of repairs, corrections and replacement due to failure to comply with PO4 of the PRS.

PO5: Follow all C-5.2 There are no environmental On-site None. The Contractor bears full Environment laws accidents that are not observation by contractor corrects cost of repairs, during the course of the project.

cleanred up or resolved by the contractor for this project.

DPW and COR all problems within 24 hours and/or at the direction of the

DPW.

corrections and replacement due to environment failures.

PO6: Ensure C-1.7.4 All standards and work On-site None. $50.00 per day if not that all work C-1.7.3 meet current federal and observation by corrected within 72 standards are state standards. DPW and COR. hours of official met for the Review of the notice to contractor.

project tasks. QCP and scheduled inspection of each task.

PO7: Ensure C-5.12 Modern and functional On-site None. $50.00 per day that fully equipment is utilized to observation by until for each day functional and remove, assemble, paint CES and COR. over the allotted current and work on all aspects of time for the work to equipment is the project. Work progress be completed.

utilized for the is not delayed due to lack of project. correct of fully capable tools and equipment.

PO8: Ensure the C-5.1.1 The railcars meet Contractor with None. Payments for each railcar is Thru standards for use as per Gov’t system subject re-repaired and C- the PWS, Fort Eustis CES representative negotiations if not services as and other applicable verifies all meeting SOW outlined in the 5.1.5 regulations/ law/directives, standards. requirements.

SOW. and federal rail standards.

C-5.8

PO9: Ensure that all railcars meet all function parameters.

C-5.8 Once complete, the work is inspected to ensure all rail-cars meet standards (clean, wood replaced, preservatives applied, bolts secure and wood decking adjusted in place, fits correctly with deck).

On-site inspection and demonstration by the contractor to the DPW and COR.

None. Payments subject to re- negotiations if not meeting

SOW

requirements.

PO10: Project C-1.7 The CES and COR or Review at None. 2-week $50.00 per day for Management. C- government representative scheduled grace period each day past the The contractor 1.7.3 is able to contact and IPR’s. when factors grace period for demonstrates C-5.9 review the project on a such as weather milestone management of C-5.10 daily basis and at Review on-site condition delay completion of the the project with scheduled weekly by COR and/or construction. project’s progress.

an established meetings and IPR’s to CES POC.

program for the ascertain the progress of project. the project, along with milestones and critical path details.

PO11: C-5-13.1 All Deliverable are As observed by None. $50.00 per day after Deliverables. Thru

C-5.13.5 delivered, submitted and or completed on time as per

COR when due date not met.

due date is not met the directed schedule.

Notes

1. Remedies will be applied per each determined defect as appropriate upon review by the KO. The total remedy amount will be deducted from the appropriate month invoice.

C-7.2. Technical Exhibit Two (2) – Environmental Management Procedures (EMP) 4.4.6.16

See separately attached pdf document titled “Technical Exhibit 2 – Environmental Management Procedures (EMP) 4.4.6.16”.

C-7.3. Technical Exhibit Three (3) – Marine Chemist Service report 0135867

See separately attached pdf document titled “Technical Exhibit 3 – Marine Chemist Service report 0135867”.

C-7.4. Technical Exhibit Four (4) – 9 VAC 5 CHAPTER 40 EXISTING STATIONARY SOURCES PART II Emission Standards ARTICLE 48 Emission Standards for Mobile Equipment Repair and Refinishing Operations (Rule 4-48)

See separately attached .pdf document titled “9 VAC 5 CHAPTER 40 EXISTING STATIONARY SOURCES PART II Emission Standards ARTICLE 48 Emission Standards for Mobile Equipment Repair and Refinishing Operations (Rule 4-48)”

C-7.5. Technical Exhibit Five (5) – Railcar Maintenance Services Pictures

D. Delivery Information

CLIN DELIVERY DATE SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 31-AUG-2022

TO 15-OCT-2022

US Army Transportation School Greg A. Dufrene 461 Kerr Road Room 13 Fort Eustis, VA 23604 757-878-4779 FOB: Destination

W56V7K

0002 POP 31-AUG-2022

TO 15-OCT-2022

(SAME AS PREVIOUS LOCATION)

FOB: Destination

W56V7K

0003 POP 31-AUG-2022

TO 15-OCT-2022

(SAME AS PREVIOUS LOCATION)

FOB: Destination

W56V7K

E. Applicable Provisions and Clauses

The full text of Federal Acquisition Regulation (FAR) provisions or clauses may be accessed electronically at acquisition.gov.

E-1. FAR 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services. Addenda have been provided in paragraph G-1 below.

E-2. FAR 52.212-2, Instructions to Offerors-Commercial Products and Commercial Services. Evaluation Criteria have been provided in paragraph G-2 below.

E-3. FAR 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services and Alternate I. Quoters shall complete and submit the provision along with the quote.

E-4. FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services.

Addenda have been provided in paragraph G-3 below.

E-5. FAR 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services. Additional FAR clauses are applicable to this acquisition and have been provided in paragraph G-4. below.

F. Additional Information

F-1. No additional contract requirement or terms and conditions are required.

F-2. Defense Priorities and Allocations System (DPAS) is not applicable.

G. Provisions/Clauses Continuation

G-1. Addenda to FAR 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services

(NOV 21)

1. General Instructions:

(a) Award procedures will be conducted using FAR 13.106.

(b) If the Quoter believes that the requirements in these instructions contain an error, an ambiguity, omission, or are otherwise deemed unsound, the Quoter shall immediately notify the points of contact identified above in writing with supporting rationale.

(c) The Quotations shall be received not later than the Quotation Submittal Date stated in Section A, General Information, above.

(d) Late submissions will be treated in accordance with the RFQ provision at FAR 52.212-1(f).

(e) The Quotations shall be submitted by email to the Contracting Officer and Contract Specialist listed in the Points of Contact stated in Section A, General Information, above.

(f) The Quoter shall complete and submit with its Quotation the fill-in provisions and clauses, as applicable, listed under paragraph G-3 below.

2. Quotation Preparation Instructions:

(a) The Quoter shall adhere to the pricing schedule identified above and shall be submitted on its company letterhead/format.

(b) Quotes shall be good for 60 calendar days from the date of submission.

3. Quotation Content:

(a) General Information

a. The Quoter shall submit the following information on the company’s letterhead.

i. Company’s name as appears in sam.gov

ii. Cage code

iii. Unique Entity Identification (UEI)

ii. Point of contact name(s), title(s), email address(es), and telephone number(s) of the person(s) who is(are) authorized to make decisions with respect to the Quoter’s Quotation and who can negotiate with the Government and obligate your company contractually

(b) Technical Quotation

a. Task Schedule: The Quoter shall provide a schedule to accomplish all the tasks stated in paragraph C-5, Specific Tasks of the PWS, above. The schedule shall demonstrate the milestones to complete each task stated in the PWS. The Task Schedule shall clearly show the critical path to accomplish the effort within the period of performance stated in paragraph C-1.5 above.

b. Material Plan: The Quoter shall provide a Material Plan to accomplish all replacements required to successfully perform all tasks stated in paragraph C-5, Specific Tasks of the PWS, above. The Material Plan shall address all the materials necessary to successfully complete all the tasks in accordance with the PWS and the methods that the Quoter will utilize to ensure the appropriate materials are available and used adequately to complete the PWS requirements within the period of performance stated in paragraph C-1.5 above.

a. The Quoter shall complete the unit price and total price for Line Item 0001 under paragraph B-5 and provide completed table along with its quote.

b. The Quoter shall not price travel and material ODCs Line Items. The amount for travel and material ODC is a Government estimate and is not to be changed by the Quoter.

G-2. FAR 52.212-2, Evaluation-Commercial Products and Commercial Services (NOV 21)

1. Basis for Award

(a) Evaluation procedures will be conducted using FAR 13.106 and the procedures established in this Combined Synopsis/Solicitation.

(b) The Government intends to award a single Firm-Fixed price purchase order as a result of this

Combined Synopsis/Solicitation to the Quoter whose Quotation is the lowest price and is technically acceptable.

(c) Quotations received that do not conform to this RFQ and are not technically acceptable will be considered ineligible for award.

(d) The Quoter’s initial Quotation should contain its best terms from a price and technical standpoint.

2. Quotation Evaluation

(a) Technical Quotation

a. Task Schedule: The Task Schedule will be evaluated to determine whether the projected tasks and milestones can be successfully accomplished within the period of performance stated in paragraph C-5. The Task Schedule will be evaluated to determine whether all required tasks stated in paragraph C-5, Specific Tasks of the PWS, above were accounted for in the Task Schedule and whether it demonstrates the Quoter’s ability to complete all the required tasks in accordance with the PWS.

b. Material Plan: The Material Plan will be evaluated to determine whether it includes the materials necessary to accomplish all replacements required to successfully perform all tasks stated in paragraph C-5, Specific Tasks of the PWS, above. The Material Plan will be evaluated to determine whether it demonstrates the Offeror’s ability to utilize to ensure the appropriate materials are available and used adequately to complete the PWS requirements within the period of performance stated in paragraph C-1.5 above.

(b) Price Quotation

a. Price Quotation will be reviewed for completeness and fair and reasonableness.

G-3. Addenda to FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services.

1. Clauses incorporated by reference

(a) 52.204-7, System for Award Management

(b) 52.204-13, System for Award Management Maintenance

(d) 52.204-18, Commercial and Government Entity Code Maintenance

(e) 52.204-22, Alternative Line Item Proposal

(f) 52.232-18, Availability of Funds

(g) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors

(h) 52.237-2, Protection of Government Buildings, Equipment, and Vegetation

(i) 52.252-1, Solicitation Provisions Incorporated By Reference

(j) 52.252-2, Clauses Incorporated By Reference

(k) 52.252-3, Alterations in Solicitation

(l) 52.252-5, Authorized Deviations in Provisions

(m) 252.201-7000, Contracting Officer's Representative

(n) 252.203-7000, Requirements Relating to Compensation of Former DoD Officials

(o) 252.203-7002, Requirement to Inform Employees of Whistleblower Rights

(p) 252.204-7003, Control Of Government Personnel Work Product

(q) 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls

(r) 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting

(s) 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support

(t) 252.204-7016, Covered Defense Telecommunications Equipment or Services—

Representation

(u) 252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services—Representation

(v) 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications

Equipment or Services

(w) 252.204-7019, Notice of NIST SP 800-171 DoD Assessment Requirements

(x) 252.204-7020, NIST SP 800-171 DoD Assessment Requirements

(y) 252.223-7006, Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous

Materials—Basic

(z) 252.225-7012, Preference for Certain Domestic Commodities

(aa) 252.225-7048, Export-Controlled Items

(bb) 252.225-7972, Prohibition on the Procurement of Foreign-Made Unmanned Aircraft

Systems—Representation. (DEVIATION 2020-O0015)

(cc) 252.232-7010, Levies on Contract Payments

(dd) 252.232-7017, Accelerating Payments to Small Business Subcontractors--Prohibition on

Fees and Consideration

(ee) 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel

(ff) 252.243-7001, Pricing of Contract Modifications

(gg) 252.244-7000, Subcontracts for Commercial Items

2. Clauses incorporated in full

(a) 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 or 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—

(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) Representation. 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

(ii) For covered services—

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

(End of provision)

(b) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (DEC 2018)

(a) Definitions. As used in this clause— “Contract financing payment” means an authorized Government disbursement of monies to a contractor prior to acceptance of supplies or services by the Government.

(1) Contract financing payments include—

(i) Advance payments;

(ii) Performance-based payments;

(iii) Commercial advance and interim payments;

(iv) Progress payments based on cost under the clause at Federal Acquisition Regulation (FAR) 52.232-16, Progress Payments;

(v) Progress payments based on a percentage or stage of completion (see FAR 32.102(e)), except those made under the clause at FAR 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at FAR 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and

(vi) Interim payments under a cost reimbursement contract, except for a cost reimbursement contract for services when Alternate I of the clause at FAR 52.232-25, Prompt Payment, is used.

(2) Contract financing payments do not include—

(i) Invoice payments;

(ii) Payments for partial deliveries; or

(iii) Lease and rental payments.

“Electronic form” means any automated system that transmits information electronically from the initiating system to affected systems.

“Invoice payment” means a Government disbursement of monies to a contractor under a contract or other authorization for supplies or services accepted by the Government.

(1) Invoice payments include—

(i) Payments for partial deliveries that have been accepted by the Government;

(ii) Final cost or fee payments where amounts owed have been settled between the Government and the contractor;

(iii) For purposes of subpart 32.9 only, all payments made under the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, and the clause at 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts; and

(iv) Interim payments under a cost-reimbursement contract for services when Alternate I of the clause at 52.232-25, Prompt Payment, is used.

(2) Invoice payments do not include contract financing payments.

“Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract or task or delivery order.

“Receiving report” means the data prepared in the manner and to the extent required by Appendix F, Material Inspection and Receiving Report, of the Defense Federal Acquisition Regulation Supplement.

(b) Except as provided in paragraph (d) of this clause, the Contractor shall submit payment requests and receiving reports in electronic form using Wide Area WorkFlow (WAWF). The Contractor shall prepare and furnish to the Government a receiving report at the time of each delivery of supplies or services under this contract or task or delivery order.

(1) Electronic Data Interchange.

(2) Secure File Transfer Protocol.

(3) Direct input through the WAWF website.

(d) The Contractor may submit a payment request and receiving report using methods other than WAWF only when—

(1) The Contractor has requested permission in writing to do so, and the Contracting Officer has provided instructions for a temporary alternative method of submission of payment requests and receiving reports in the contract administration data section of this contract or task or delivery order;

(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);

(3) DoD makes payment on a contract or task or delivery order for rendered health care services using the TRICARE Encounter Data System; or

(4) The Governmentwide commercial purchase card is used as the method of payment, in which case submission of only the receiving report in WAWF is required.

(e) Information regarding WAWF is available at https://wawf.eb.mil/.

(f) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

(End of clause)

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

(a) Definitions. As used in this clause— “Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.

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

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

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

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

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

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

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

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

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

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

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

(ii) For fixed price line items—

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

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

Invoice 2 in 1

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

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

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

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

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

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC Provided at Award

Issue By DoDAAC Provided at Award

Admin DoDAAC** Provided at Award

Inspect By DoDAAC Provided at Award

Ship To Code

Ship From Code

Mark For Code

Service Approver (DoDAAC) Provided at Award

Service Acceptor (DoDAAC) Provided at Award

Accept at Other DoDAAC

LPO DoDAAC

DCAA Auditor DoDAAC

Other DoDAAC(s)

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

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

(g) WAWF point of contact.

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

Not applicable.

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

G-4. FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services (JAN 22)

(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 products and commercial services:

(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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (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 products and commercial services:

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN

2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV

2021) (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…

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