MTU Solicitation M6700425Q0046.pdf

MARINE CORPS LOGISTICS BASE ALBANY, GEORGIA

REQUEST FOR QUOTE PURSUANT TO FAR PART 13

Solicitation Number / RFQ Number: M67004-25-Q-0046 Subject: On-Site MTU Technical Diesel Engine Maintenance, Repair, and Overhaul Representative Services

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. This procurement is under a Full and Open under NAICS code 541990 size standard of $19.5 million. An Offeror’s submission of a quote does not constitute a contract or authorize work to begin. This document is not legally binding and does not commit the US Government in any way.

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-04 and Defense Federal Acquisition Regulations Supplement Publication Notice (DPN) 20250825.

In accordance with FAR 12.102(c), when a policy in another part is inconsistent with FAR Part 12, Part 12 shall take precedence.

52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021)

Basis for Award: The Government intends to award a contract resulting from this solicitation to the responsible offeror whose quotation conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors are listed in no specific order of precedence and will be used to evaluate quotations:

• Technical

• Price

• Past performance

Evaluation:

Technical: Quotes meeting all specifications outlined in this solicitation will be deemed technically capable.

Price Reasonableness: Will be conducted in accordance with FAR 13.106-3(a). The total quoted price, to include shipping costs, will be used in the price evaluation.

Past Performance: Evaluation will use procedures outlined in DFARS 204.7603 and described in provision 252.204-7024, incorporated herein.

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

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

(End of provision) http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P298_49781

***ONLY OPEN MARKET PRICING WILL BE CONSIDERED***

Addendum to 52.212-1 Instructions to Offerors.

The Government reserves the right to make an award solely on initial quotes received. Offerors must submit their response to this RFQ via email to anthony.brunson@usmc.mil no later than the posted Response Date in this listing.

Questions will be accepted via email up to (48) hours after the posting of the RFQ. No phone questions will be accepted. The deadline is necessary to ensure timely award and the Government may, in its sole discretion, choose not to respond to questions received after the deadline. Questions will be reviewed and addressed via an amendment to the solicitation and/or posting of the Questions and Answer(s) (Q&A) document.

Quote must contain all requested line items as the contract award will be made in aggregate. Therefore, any quote received without all line items priced will be considered non-responsive.

Shipment: All materials awarded under the contract resulting from this solicitation are expected to be delivered on the date specified in this solicitation. No partial deliveries will be accepted. In order for your quote to be considered responsive, any associated prepaid shipping costs must be identified in the quote and will be evaluated as part of the overall price. The Offeror may submit a ZERO shipping cost; however, ZERO cost must also be clearly specified in the quote. Failure to fill in the required information may result in your quote being considered non-responsive by the Government.

Offerors are instructed to completely fill out the section (Offeror’s Information) below and return it along with your quote. Quotes should be valid for 90 days unless stated otherwise in the quote.

Clauses That Require Completion By The Offeror: In accordance with the FAR 52.102(c), the following provisions and clauses are incorporated by reference, must be completed by the offeror or prospective contractor, and must be submitted with the quotation or offer:

52.204-24 Representation Regarding Certain Telecommunications And

Video Surveillance Services Or Equipment

NOV 2021

52.212-3 Offeror Representations and Certifications – Commercial MAR 2025 Products and Commercial Services (Deviation 2025-O00004)

If an offeror does not provide the representation required by the above provisions, the Contracting Officer will check the offeror’s responses in the System for Award Management (SAM) representation. An offeror that does not provide a response to the above provisions in either SAM or with the quote submitted will be considered non-responsive. The full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far

1. Offeror’s Information

To be eligible for award under this Request for Quotation (RFQ), Offerors must be registered in the System for Award Management (SAM) https://www.sam.gov/portal/SAM/ and must furnish Unique Entity ID, Cage Code and Federal Tax ID Number. Failure to submit the required information may result in your quotation being considered non-responsive.

COMPANY NAME: ___________________________________________________________

ADDRESS: __________________________________________________________________

CITY: _________________________________ STATE: ___________ ZIP: ______________

UNIQUE ENTITY ID: _____________________________ CAGE CODE: _________________________ mailto:anthony.brunson@usmc.mil https://www.sam.gov/portal/SAM/

FEDERAL TAX ID NUMBER: _______________ FSC: ______________SIC: ___________

NAME AND TITLE OF QUOTER: ________________________________________________

PHONE NUMBER: _____________ E-MAIL ADDRESS: _____________________________

BUSINESS SIZE STATUS: _____________________ PRIMARY NAICS: _______________

GSA CONTRACT NUMBER (IF APPLICABLE): _________________________

ESTIMATED DELIVERY TIME: ______________ DISCOUNT TERMS: ________________

FOB Destination pricing preferred – Marine Corps Logistics Base Barstow, Yermo, CA 92398

2. Requirement Details:

CLIN Description QTY U/I Unit Price Total Price 0001 • On-Site MTU Diesel Engine Maintenance, Repair, and Overhaul Technical Representative Services in accordance with Performance Work Statement (PWS). Pricing should include travel and lodging cost.

1 Lot

Performance Work Statement (PWS) MTU Diesel Engine Maintenance, Repair, and Overhaul Technical Representative

Production Plant Barstow Marine Corps Logistics Base Barstow

1. DESCRIPTION OF SERVICE

1.1. Scope of Work

The Marine Depot Maintenance Command's (MDMC) Production Plant Barstow (PPB) is embarking on a strategic development to establish an in-house proficiency for refurbishing and modernizing Maximum Transmission Unit (MTU) series 4000 marine diesel engines up to the Qualification Levels (QL4) criterion. Within this initiative, the Engine Shop necessitates the expertise of a contractor who boasts an MTU certification along with adequate training. The contractor will play a pivotal role on-site, dedicating eight hours daily, five days a week from Monday to Friday, at Building 583 within the Marine Corps Logistics Base (MCLB) in Barstow, situated in Yermo, California, zip code 92398. The contractor's mission includes imparting knowledge through training, enriching operational procedures, and steering the Engineering Shop staff towards augmented procedural enhancements, all to buttress the Plant's autonomous operational capabilities.

1.2. Specific Services

Scope of Work Summary The Contractor shall deliver MTU technical representative/consulting services in support of the MDMC initiative at PPB, which is focused on establishing in-house capabilities for the repair and overhaul of MTU series 4000 marine diesel engines to QL4 standards. This effort necessitates the presence of an MTU-certified engineer/technician to provide expert training, assistance, and process improvement guidance directly to the Engine Shop staff. The service will be rendered in person, on-site at Building 583 of the MCLB Barstow, Yermo, California 92398. The work schedule will be 8 hours per day, Monday through Friday, with the commitment of providing a hands-on approach to enhancing both the efficiency and effectiveness of the Engine Shop's operations in alignment with the overarching objective to uplift the plant's organic maintenance and overhaul productivity.

Specific Services On-Site MTU Technical Representative/

• Description:

o The Contractor shall provide a qualified MTU technical representative to deliver direct, on-site support, including delivering hands-on training and assistance to Engine Shop personnel.

• Subtasks:

a) Develop and conduct training modules tailored for maintenance, repair, inspection, machining, and the complete overhaul of MTU series 4000 marine diesel engines.

b) Serve as an in-person resource for Engine Shop personnel, providing immediate troubleshooting support, technical guidance, and best practice sharing.

c) Monitor and evaluate current processes; suggest and assist with the implementation of improvements to optimize operational productivity and efficiency.

d) Maintain regular communication and coordination with key personnel from Material Division, Trades Division, Program Management, and Quality Division, including the Project Officer, Shop Supervisor, Work Leader and Quality Control Inspectors.

e) Ensure that all services rendered align with the specified schedule, objective, and performance standards.

1.2.1 Validation

Validation of the contractor's work is crucial to ensure that the services provided meet the contract's objectives and the MDMC standards.

• Hands-On Training Validation: The effectiveness of the MTU-certified and trained engineer/technician in delivering hands-on training to Engine Shop personnel will be gauged by assessing the improvement in skill level and proficiency of the Engine Shop employees. This evaluation will be made through direct observation and written or verbal knowledge checks to ensure periodic skill assessments, confirming the transfer of knowledge in repairing and overhauling MTU series 4000 marine diesel engines.

• Process Improvement Verification: The contractor's process improvement guidance will be validated by measuring the enhancements in the Engine Shop's operational processes. Through benchmarking initial processes against the improved processes, improvements can be quantified in terms of reduced maintenance times, increased throughput, or enhanced quality of overhauls, aligning with the QL4 standard.

• Weekly Reports Audit: The contractor's weekly written reports will be audited to verify their accuracy and completeness. Reports should precisely document the work performed, assistance provided, and any suggestions made. The MDMC Project Officer and Contracting Officer Representative (COR) will review these reports to ensure they reflect actual progress and align with the established overhaul process.

• Physical Presence Verification: Contractor on-site presence, as stipulated in the contract for 8 hours a day, 5 days a week at Building 583 of MCLB Barstow, will be confirmed through a sign-in/out log maintained at the facility. Anomalies or deviations from the required on-site hours will be reported and addressed as per the contract terms.

• Quality Control Assessment: Assuring the technical representative's work quality entails a systematic review of feedback from Engine Shop personnel and an inspection of the engines being maintained or overhauled. These reviews will be conducted through scheduled progress meetings. Any issues identified during this assessment will be flagged for immediate corrective actions.

• Interaction and Communication Evaluation: The quality of interaction and communication between the contractor and the Project Officer/COR will be evaluated based on the responsiveness of the contractor to requests for information, promptness in addressing emergent issues, and the cooperative nature of discussions during progress meetings.

• Efficiency Enhancements Measurement: The success of the contractor's recommendations for production efficiency enhancements will be measured through various operational metrics. Those metrics might include reduced engine turnaround times, lowered cost per overhaul, or fewer post-overhaul complications noted, thereby confirming the value-added by the contractor's input.

1.3. General Information.

1.3.1. Contractor Certifications.

The Contractor is required to supply a proficient individual who is both trained and officially recognized by MTU, the engine manufacturer, as having the expertise to act as both field inspector and workshop supervisor. As the MTU expert, this individual will play a key role in guiding all facets of the repair and overhaul processes for the MTU series 4000 marine diesel engines, up to and including the QL4 standard, at the MDMC, PPB. They must possess the requisite knowledge and skills to provide subject matter expertise, guidance, and hands-on assistance to the plant's personnel, ensuring that best practices and quality standards are met throughout the duration of the contract.

The Contractor shall provide documentation verifying those personnel assigned to perform maintenance or overhaul on MTU 4000 series engines, specifically the 20V4000 model, have successfully completed Qualification Level 4 (QL4) training. QL4 is the highest level of maintenance and overhaul certification defined by MTU, and it requires the use of specialized tools and procedures performed exclusively by MTU-certified technicians. Acceptable documentation includes, but is not limited to, official MTU QL4 certification records or a detailed resume clearly demonstrating the individual’s training and experience at the QL4 level. This documentation shall be provided upon request by the Government to validate personnel qualification.

The Contractor must present these credentials upon the Contracting Officer's or COR’s request, thus validating the individual's capacity to provide expert consultation on engine overhauls in compliance with MTU's stringent service standards and the operational objectives of the PPB.

1.3.2. Hardware.

1.3.2.1 GENERAL REPORT REQUIREMENTS

The Contractor shall submit reports following each on-site visit to document work performed, progress made, and any after-action items requiring attention by the Program Management Division Office, the Engine Shop, or other relevant stakeholders. These reports shall include, at a minimum, a summary of activities conducted, current status of the work, and clearly identified follow-up actions. Reports shall be submitted electronically via email using Microsoft Office-compatible formats (e.g., Word, Excel). Submission timelines and distribution lists shall be coordinated with the Government Project Manager.

The required software for these electronic reports is any application within the suite of Microsoft Office Applications, because of their compatibility with the workstations operational at the Marine Depot Maintenance Command. This specification eliminates potential barriers in document access, thereby simplifying the review, update, and communication process within the Marine Depot Maintenance Command’s infrastructure. Timely and accurate reporting is crucial for the Contracting Officer's Representative (COR) to monitor performance in adherence to the contractual obligations.

1.3.2.2 GOVERNMENT FURNISHED RESOURCES

With the objective to support the Contractor in carrying out the required on-site services under this contract, the Government is set to provide the necessary workspace, equipment, and supplies while on-site. This provision encompasses all the resources deemed crucial to fulfill the service obligations of the contract. It is incumbent upon the Contractor to utilize these Government-furnished properties exclusively for tasks that are directly pertinent to the contract's scope of work. The Contractor assumes the responsibility to maintain the integrity of the workspace, equipment, and supplies, and to return them upon contract completion in good working condition, normal wear and tear considered. The stipulations regarding the usage of Government-furnished resources are to be strictly adhered to, and any deviations or additional usages outside of those specified in this PWS will be declared explicitly within the contractual document. The Contractor shall strictly limit the use of these resources to the fulfillment of the contract work and safeguard against unauthorized use.

1.3.3. OTHER APPLICABLE CONDITIONS

1.3.3.1 CONTINUITY OF SUPPORT

The Contractor is obligated to sustain a consistent and uninterrupted level of support as articulated within the contract terms. It is the Contractor’s responsibility to ensure the presence of contract support personnel throughout the designated work hours.

Should there be an instance where the Contractor is unable to maintain the stipulated staffing levels owing to reasons such as vacation, leave, appointments, or other absences, and if provision of a fully qualified replacement is not feasible, it is incumbent upon the Contractor to proactively notify the COR via email prior to the occurrence of such absences.

In all cases, it is expected that the Contractor will furnish an appropriately trained and qualified replacement to prevent any disruption in the contracted support services. This ensures continuity and reliability of the operations critical to the successful execution of the contract's scope of work.

The Contractor’s adherence to these requirements is vital for maintaining the efficacy and integrity of the operational support as required by this PWS.

1.4. Period and Place of Performance

1.4.1 Period of Performance

The period of period of performance for this contract commences October 17, 2025 and conclude on April 17, 2026.

1.4.2 Place of Performance

The services delineated in this contract will be conducted at the MDMC Production Barstow Depot facility in Yermo, California. Locations within the plant include Building 583, which is in the primary disassembly and assemble area for the MTU, the Dyno Facility, the Motor Room, and other applicable shops within the MDMC Production Plant Barstow Depot Facility.

1.5. Travel

1.5.1. Not Applicable

1.6. Hours of Work

1.6.1. The Contractor's standard work hours shall align with the regular operating hours of the Engine Shop, set from 0730 to 1530 Pacific Standard Time (PST), Monday through Friday. These hours exclude Federal holidays, on which work is not scheduled. Notwithstanding this, situations may arise necessitating work during non-standard hours, including weekends and holidays. In such instances, the Contractor shall be expected to demonstrate flexibility and availability to satisfy the requirements of the PWS, ensuring the uninterrupted progression of contractual tasks. Therefore, anything over 40 hours in a work week will be considered over time and be charged at time and a half. All Federal holidays observed consist of the following: New Year's Day, Martin Luther King Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day. If the holiday falls on a Saturday, it is observed on Friday. If the holiday falls on Sunday, it is observed on Monday.

1.7. Security Requirements

1.7.1. The place of performance will be Building 583 Dyno Facility, the Motor Room, and other applicable shops within the MDMC Production Plant Facility of MCLB Barstow, Yermo, California 92398.

1.7.1.1. All contractor personnel assigned to this task will be required to complete SECNAV 5512/1 (REV JUN 2024) before contract award.

1.7.1.2. During higher FPCONs, access to the base may be curtailed for extended periods.

1.7.2. Clearances.

1.7.2.1. Contractor personnel assigned are not allowed to access sensitive or classified systems during the performance of work, therefore there are no security clearances required.

The Contractor is required to provide Operations Security (OPSEC) protection for all classified information (as defined in FAR 2.101) and sensitive information (defined as any information, the loss, misuse, or unauthorized access to or modification of which could adversely affect the national interest or the conduct of Federal programs, or the privacy to which individuals are entitled under Section 552a of Title 5 (the Privacy Act), both which have not been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept secret in the interest of national defense or foreign policy).

Security: The Contractor shall implement and maintain security procedures and controls to prevent unauthorized disclosure of controlled unclassified information and to control distribution of controlled unclassified information in accordance with DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM), and SECNAV M-5510.36. All Contractor facilities shall provide an appropriate means of storage for controlled unclassified information and materials. All controlled unclassified information shall be appropriately identified and marked as For Official Use Only in accordance with DoDM 5200.01, Information Security Program: Controlled Unclassified Information (CUI) Volume 4 (enclosure 3) and DoD 5400.7-R (Freedom of Information Act Regulation) (Chapter 3).

For Official Use Only information generated and/or provided under this contract shall be marked and safeguarded as specified in DoDM 5200.01 (DoD Information Security Program: Controlled Unclassified Information (CUI)) Vol.

4 (enclosure 3 pages 11-18) available at http://www.dtic.mil/whs/directives/corres/pdf/520001_vol4.pdf and DoD 5400.7-R, Freedom of Information Program Chapter 3 (pages 31-42) available at http://www.dtic.mil/whs/directives/corres/pdf/540007r.pdf .

All controlled unclassified technical information shall be appropriately identified and marked with the following distribution statement: DISTRIBUTION STATEMENT D: Distribution authorized to the Department of Defense and U.S. DoD contractors only (critical technology) (21 Oct 2009).

THE FOLLOWING FAR AND DFAR PROVISIONS/ CLAUSES APPLY

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

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

https://www.acquisition.gov/browse/index/far

(End of provision)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

https://www.acquisition.gov/browse/index/far

(End of clause)

PROVISIONS/ CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.203-17 Contractor Employee Whistleblower Rights NOV 2023 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-2 Security Requirements MAR 2021 52.204-7 System for Award Management NOV 2024 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 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 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-11 Representation by Corporations Regarding Delinquent Tax

Liability or a Felony Conviction under any Federal Law

FEB 2016

52.211-5 Material Requirements AUG 2000 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

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

NOV 2023

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment JUN 2020 52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan.

OCT 2020

52.223-5 Pollution Prevention and Right-to-Know Information MAY 2024 52.223-19 Compliance with Environmental Management Systems MAY 2011 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.225-2 Buy American Certificate OCT 2022 52.227-1 Authorization and Consent JUN 2020 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/browse/index/far

52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.232-11 Extras APR 1984 52.232-32 Performance-Based Payments APR 2012 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. (DEVIATION 2024-O0013 REVISION 1)

MAY 2024

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.211-7003 Item Unique Identification and Valuation JAN 2023 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.223-7001 Hazard Warning Labels DEC 1991 252.225-7001 Buy American and Balance of Payments Program FEB 2024 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic

Enterprises, and Native Hawaiian Small Business Concerns

JAN 2023

252.227-7015 Technical Data--Commercial Products and Commercial Services

JAN 2025

252.227-7037 Validation of Restrictive Markings on Technical Data JAN 2025 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.237-7014 Loss or Damage (Count-Of-Articles) DEC 1991 252.237-7016 Delivery Tickets--Basic NOV 2014 252.245-7003 Contractor Property Management System Administration JAN 2025 252.246-7003 Notification of Potential Safety Issues JAN 2023 252.247-7023 Transportation of Supplies by Sea OCT 2024

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2025)

(DEVIATION 2025-O0004)

(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 Covered Entities (DEC 2023) (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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 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: [Contracting Officer check as appropriate.]

_X_ (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. 4655).

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 Act of 2009.)

___ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

_X_ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (6) [Reserved]

___ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

L. 111-117, section 743 of Div. C).

_X_ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

___ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders--Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).

___ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L.

115-390, title II).

___ (ii) Alternate I (DEC 2023) of 52.204-30.

_X_ (12) 52.209-6, Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025) ( 31 U.S.C. 6101 note).

_X_ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (14) [Reserved]

____ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

_X_ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (17) [Reserved]

____ (18)(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.

____ (19)(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.

_X_ (20) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (15 U.S.C. 637(d)(2) and (3)).

____ (21)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2025) (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 (JAN 2025) of 52.219-9.

____ (22) (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.

____ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

_X_ (26) (i) 52.219-28, Post award Small Business Program Representation (JAN 2025) (15 U.S.C. 632(a)(2)).

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

____ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

____ (28) 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 (OCT 2022) (15 U.S.C. 637(m)).

____ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 637(a)(17)).

_X_ (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

_X_ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025)( E.O. 13126).).

(33) [Reserved]

(34) [Reserved]

_X_ (35)(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_ (36)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

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

_X_ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

_X_ (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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).

____ (40) 52.222-54, Employment Eligibility Verification (Jan 2025) ( Executive Order 12989).

____ (41)(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)).

____ (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

____ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (44) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (45) 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).

_X_ (46) 52.223-23, Sustainable Products and Services (DEVIATION 2025-O0004)

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

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

____ (48) (i) 52.225-1, Buy American--Supplies (OCT 2022)) (41 U.S.C. chapter 83).

____ (ii) Alternate I (OCT 2022) of 52.225-1.

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

____ (iii) Alternate II (JAN 2025) of 52.225-3.

____ (iv) Alternate III (FEB 2024) of 52.225-3.

____ (v) Alternate IV (OCT 2022) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (NOV 2023) (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. Subtitle A, Part V, Subpart G Note).

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

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

5150).

_X_ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O.

13513).

____ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C. 3805).

____ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (59) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (31 U.S.C. 3332).

____ (60) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

_X_ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act--Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

____ (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

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

____ (iii) Alternate II (NOV 2021) 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 products and commercial services: [Contracting Officer check as appropriate.]

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

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

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

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

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

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

_X_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

_X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

_____ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent Human Trafficking (Jan 2025) ( 49 U.S.C. 40118(g))

(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 products or commercial services. 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 (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) 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).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117-328).

(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115- 390, title II).

(B) Alternate I (DEC 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (JAN 2025) (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.

(ix) [Reserved]

(x) [Reserved]

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

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

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

(xiv) 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.

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

(xvi) (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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).

(xvii) 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.)

(xviii) 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)

(xix) 52.222-54, Employment Eligibility Verification (Jan 2025) ( E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O. 13658).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

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

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

(xxiii) 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. Subtitle A, Part V, Subpart G Note).

(xxiv) 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.

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act--Covered Foreign Entities (NOV 2024) (Sections 1821-1826, Pub. L. 118-31, 41 U.S.C. 3901 note prec.).

(xxvii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (NOV 2021) (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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage-Fringe Benefits

ENGINEERING TECHNICIAN V $31.28 - 49.0%

(End of clause) https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_62 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3

52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the provision.

(b) The use in this solicitation of any Department of Defense FAR Supplemental (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of provision)

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Department of Defense FAR Supplemental (48 CFR 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

(End of clause)

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

(End of clause)

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