N0016722Q0050 CSS.docx

N0016722Q0050

This is a combined synopsis/solicitation for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation that Naval Surface Warfare Center Carderock Division (NSWCCD) intends to issue, and is a Request for Quotes (RFQ) for the following Supplies and/or Services.

NSWCCD Code 636 has a requirement to procure engineering services to provide Lithium Ion Batteries fire testing support for the NSWCCD and NRL CBD sites on a sole source basis.

The provisions and clauses included and/or incorporated in this solicitation document are those in effect through the Federal Acquisition Circular. This RFQ incorporates all provisions and clauses in effect through Federal Acquisition Circular FAC 2022-04 effective 01/30/2022 located on https://www.acquisition.gov/?q=browsefar and the Defense Federal Acquisition Regulation Supplement (DFARS) DPN 20220128 effective 01/28/2022 located at https://www.acq.osd.mil/dpap/dars/change_notices.html. SEE ATTACHED SOLICITATION FOR CLAUSES AND PROVISIONS. The NAICS code is 541330 and the associated PSC code is R425, and the Small Business Standard is $16.5M for this procurement: NOTE: A Class Waiver is not applicable to a procurement unless the NAICS code, PSC, and NAICS Code Descriptor currently in effect, match the item(s) being procured. This procurement IS NOT being set-aside for small business.

Interested parties may identify their interest to this requirement by submitting a quote and/or capabilities statement no later than 12:00 PM on 8 February, 2022. It is anticipated one firm-fixed price purchase order will be issued in response to this RFQ. All responses shall include price(s), FOB point, a point of contact, name and phone number, GSA contract number (if applicable), business size, and payment terms. Each response must clearly indicate the capability of the quoter to meet all specifications and requirements.

Responses to this notice are due on or before 12:00 PM on 8 February, 2022, Eastern Standard Time (EST) to arnel.a.ngo.civ@us.navy.mil.

Point of Contact for this notice is Arnel Ngo, 757-469-6784, arnel.a.ngo.civ@us.avy.mil.

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT FOR FIRE MATERIAL TESTING

1.0 INTRODUCTION

The Contractor shall provide engineering services for fire material testing and oversight, to the Battery Certification Integration (BCI) branch at NSWC Carderock Code 636. The Battery Certification and Integration Branch (BCI) at NSWC Carderock Code 636 provides research, development, engineering and evaluation support to the U.S. Navy for power sources for naval warfare systems. As part of this work, abusive testing of lithium-ion and lithium metal batteries is conducted which requires analysis of the chemicals released during failure. To support this analysis, BCI requires fire science testing. Specifically, lithium-ion and lithium metal batteries will be subject to abusive test conditions which results in fire, smoke, and venting of aerosolized electrolyte vapors.

2.0 REFERENCE DOCUMENTS

These documents are industry standard documents but also most can be found at everyspec.com.

3.0 SCOPE OF WORK

The Contractor shall provide engineering services for fire science testing to NSWC Carderock Department 60 personnel, including but not limited to members of the Battery Certification Integration (BCI) branch, Code 636.

3.1 Full-scale Fire Testing: The contractor shall provide engineering services including performing fire testing onsite at NSWCCD and provide fire protection expertise such as expert oversight to novice and journey level candidates for large scale testing. The contractor shall provide one hundred (100) fire tests including setup, analysis, and cleanup for each test at NSWCCD. The contractor shall perform and support full-scale testing of materials in accordance with ASTM E2067. The contractor shall use an oxygen consumption calorimetry exhaust hood capable of measuring heat release rate up to 1 MW. The contractor must use exhaust hoods capable of providing a volumetric flow rate of at least 1000 cubic feet per minute (cfm) up to 6000 cfm to perform ASTM E2067. The contractor shall provide a detailed technical report with data and conclusions (CDRL A001).

3.1.1 The contractor shall also provide maintenance and calibration for the following NSWCCD fire test equipment. NSWCCD operates two large-scale oxygen consumption calorimetry exhaust hoods. One hood is capable of measuring a 1 megawatt (MW) fire. The second hood is dedicated to intermediate scale testing, capable of measuring a 100 kilowatt (kW) fire. These exhaust hoods are used in tests that simulate high temperatures and heat fluxes with direct flame impingement. Each hood is equipped with an optical sensor, pressure transducer, stack thermocouples, and combustion gas ports for measuring oxygen (O2), carbon dioxide (CO2), and carbon monoxide (CO). Both hood calorimeters are operated using LabView programming. The “Burn-through Fire Test” in accordance with MIL-STD-2031 Appendix B, quarter-scale test, and the full-scale test, in accordance with ISO 9705 “Fire Tests – Full-scale Room Test for Surface Products” are conducted using either of the exhaust hoods in NSWCCD, West Bethesda, building 41.

3.2 Small-scale Fire Testing: The contractor shall perform and support small-scale testing of materials in accordance with ASTM E1354, ASTM E162, and ASTM E662/E800. The contractor shall use exhaust hoods capable of providing an approximate air flow rate of 0.4 to 0.5 meters per second to perform ASTM E1354, ASTM E162, and ASTM E662. The contractor shall provide a detailed technical report with data and conclusions (CDRL A001).

3.2.1 Smoke Chamber: The contractor shall perform calibration and maintenance on the smoke chamber systems. NSWCCD uses two smoke density chambers to characterize the smoke and toxic gases generated by a test specimen when undergoing both flaming and non-flaming combustion in accordance with ASTM E662 “Standard Test Method for Specific Optical Density of Smoke Generated by Solid Materials”. A National Institute of Standards and Technology (NIST) Smoke Density Chamber, manufactured by Newport Scientific Inc., is used specifically for ASTM E662 testing. A Fire Testing Technology (FTT) Smoke Density Chamber is used for ASTM E662 and ISO 5659 testing. Optical density measurements are recorded on a strip chart and gas measurements are sampled using a Drager X-act 500 Automatic Tube Pump in accordance with ASTM E800 “Standard Guide for Measurement of Gases Present or Generated during Fires”.

3.2.2 Cone Calorimeter: The contractor shall perform testing, calibration and maintenance of the NSWCCD cone calorimeter system. NSWCCD uses the Govmark Cone Calorimeter (Model CC-2) in accordance with the requirements of ASTM E1354, “Standard Test Method for Heat and Visible Smoke Release Rates for Materials and Products using an Oxygen Consumption Calorimeter”. This test method is designed to provide a small-scale test procedure to measure the ignitability, heat release rate, mass loss rate, and combustion product generation rate of a material exposed to a specified irradiance level. The cone calorimeter is equipped with a conical radiant burner, gas analyzer (O2, CO2, and CO), load cell, thermocouples, smoke measuring system, exhaust system, and computer data program.

3.3 Fire Testing at NRL CBD. The contractor, utilizing their Service Agreement with NRL-CBD, shall perform twenty (20) fire tests in support of Carderock battery safety characterizations at NRL-CBD. The contractor shall review the draft test plan for both technical content and safety procedures and coordinate with NRL-CBD staff including necessary requirements for site access for all test participants and visitors. The contractor shall also provide a mobile system available for calorimetry which contains the necessary gas pumps, desiccant, flow controllers, and oxygen, carbon dioxide, and carbon monoxide gas sensors. This mobile system will allow for measurement of the fire intensity during battery fire testing in general accordance with the requirements of ASTM E 2067, Standard Practice for Full-Scale Oxygen Consumption Calorimetry Fire Tests and/or ISO 24473, Fire Tests – Open Calorimetry – Measurement of the rate of production of heat and combustion products for fires up to 40 MW. In addition to this system, the contractor shall also prepare the system for smoke density measurement in the duct using a red laser optical density meter (ODM) installed in the smoke exhaust hood and shall coordinate setup, install and measurement for any additional exhaust gases. The contractor shall provide a detailed technical report upon competition of testing with data and conclusions (CDRL A001).

3.4 Fire Testing at Contractor Facility. The contractor shall perform fire testing in support of Carderock battery safety characterizations at their facility when necessary. The contractor shall provide a detailed technical report with data and conclusions (CDRL A001).

4.0 DELIVERABLES

CDRL A001: Fire Test Reports

5.0 PERIOD OF PERFORMANCE

Service to be provided 1 year from award

6.0 PLACE OF PERFORMANCE

The contractor shall performance testing and training at NSWC Carderock, West Bethesda, NRL CBD, and Jensen Hughes.

Naval Surface Warfare Center Carderock Division 9500 MacArthur Blvd Building 41 West Bethesda, MD 20817

Jensen Hughes, Inc.

3610 Commerce Drive Suite 817 Baltimore, MD 21227

U.S. Naval Research Laboratory (NRL) Chesapeake Bay Detachment (CBD) Ocean & Atmospheric Science 5813 Bayside Rd, Chesapeake Beach, MD 20732

7.0 TRAVEL REQUIREMENT

Travel is required to NSWCCD, NRL and NRL-CBD for testing and training when needed. The contractor shall be headquartered 50 miles or less from NSWCCD for commuting purposes.

8.0 SECURITY REQUIREMENT

Unclassified but personnel should be U.S. Citizen or permanent residents capable of passing a background check.

Safety and Test Review

FFP

Safety and Test Review with NRL IAW the Performance Work Statement.

FOB: Destination

PSC CD: R425

NET AMT

Test Instrumentation and Measurement

Test Instrumentation and Measurement IAW the Performance Work Statement.

NET AMT

Test Support at CBD

Test Support at CBD IAW the Performance Work Statement

NET AMT

CBD Facility Fees

CBD Facility Fees

NET AMT

NSWCCD Bldg 41 Support

NSWCCD Bldg 41 Support IAW the Performance Work Statement.

NET AMT

Travel Expenses

Travel Expenses

NET AMT

Exhibit/Attachment Table of Contents

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

28-FEB-2023

NO CONTACT IDENTIFIED

9500 MACARTHUR BLVD

WEST BETHESDA MD 20817

N00167

28-FEB-2023

N00167

28-FEB-2023

N00167

28-FEB-2023

N00167

28-FEB-2023

N00167

28-FEB-2023

N00167

IMPORTANT NOTICE

IMPORTANT NOTICE - COVID 19 Facilities Screening Requirements are included as attached. These requirements are subject to change.

Attachment 1: P. Standard COVID 19 Screening Instructions for Contract JAN2022 Attachment 2: DD Form 3150 Contractor Personnel and Visitor Certification of Vaccination Attachment 3: NAVSEA Weekly Attestation of Negative COVID-19 Self-Certification for DoD Contractors

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

C-227-H006 DATA REQUIREMENTS (NAVSEA) (OCT 2018)

The data to be furnished hereunder shall be prepared in accordance with the Contract Data Requirements List, DD Form 1423, Exhibit(s) A001, attached hereto.

(End of Text)

E-246-H013 INSPECTION AND ACCEPTANCE OF DATA (NAVSEA) (OCT 2018)

Inspection and acceptance of all data shall be as specified on the attached Contract Data Requirements List(s), DD Form 1423.

(End of text)

F-247-W001 NSWCCD DELIVERY AND OVERWEIGHT VEHICLE GUIDELINES (NAVSEA) (OCT 2018)

The following is provided for informational purposes only:

US NAVY GBLOC BBNV

Unit ID Code/DoDAAC: N00167 Naval Surface Warfare Center 9500 MacArthur Blvd, Bldg. 143 W. Bethesda, MD 20817

Receiving Hours:

0600-1400 MON thru THURS

0600-1330 FRI

Directions:

River Rd Exit off the I-495 Capital beltway. (Rte. 190W, exit 39W).

Turn Left only Bradley Blvd. (Rte. 191) (Traffic signal controlled intersection). Proceed 0.5 miles.

Turn Left onto Persimmon Tree Road (4 way stop). Proceed 1.4 miles.

Turn Right onto Eggert Road. Proceed 0.7 miles and cross over MacArthur Blvd to the CD NSWC Gate 3 entrance (Truck Gate).

Note: Once on Eggert Road, head straight into the back gate. You will cross over MacArthur Blvd.

Once in gate, turn right, and drive straight until you see bldg. 143 on left. Look for blue sign on your left for bldg. 143 or the loading dock.

“All drivers must either have a NCAC or Defense Biometric Identification System (DBIDS) card in addition they must have proof of US citizenship with them (birth certificate or US passport or state enhanced driver’s license [only issued by WA, NY, VT, & MI]).” OVERSIZED CALL 24 HRS IN ADVANCE, (301) 227-4060/4062/4330 OR DSN 287-4060/4062/4330. NO ANIMALS ALLOWED ON BASE.

MUST BE CLEARED BY SECURITY PERSONNEL AT COMMERCIAL GATE. 301-227-1551 PRESENT BILL OF LADING TO SECURITY OFFICERS AND CREDENTIALS.

Call 1-877-679-2231 for Base status if needed to check for inclement weather or other unannounced or unscheduled closings.

MACARTHUR BOULEVARD – OVERWEIGHT VEHICLE GUIDELINES

1. Roadway has a posted load (weight) restriction of 6 tons GVW.

2. Washington Aqueduct (WA) makes exceptions up to approximately 15 tons GVW for special conditions. (School buses, garbage trucks, fire trucks, construction work and special deliveries).

3. Two methods of approval:

a. Verbal (short duration access)

b. Permit (daily/weekly/monthly business)

4. Verbal Method:

a. Applicants calls WA

b. WA requests location of delivery, day of delivery, and GVW of vehicle.

c. WA makes approval or disapproval decisions based on weight of vehicle, location of delivery and conduit condition in that area.

d. If approved by WA, the Montgomery County Police are called and given notice of approval (301-652-9200).

The following information is given to the Police:

a. Name of delivery company

b. Address of delivery

c. Date of delivery

The police record the information in a log book at the Bethesda Police Station. If the applicant is stopped by the police on MacArthur Boulevard, he should tell the police officer that he has been approved and the police officer should call the police station to verify the approval. If there is no record at the police station the truck driver will get a ticket and be fined.

5. Permit Method:

a. Applicant calls Montgomery County Department of Public Works and Transportation, Division of Traffic and Parking Services at 301-217-2190 for permit application.

b. Applicant completes permit application and sends it back to Montgomery County.

c. Montgomery County sends application to WA for approval or rejection.

d. WA reviews application and approved or rejects it based on GVW criteria and purpose of request.

e. WA sends application back to County. If approved Montgomery County will issue a bumper sticker permit and if disapproved County sends letter of rejection.

6. No concrete trucks are allowed on MacArthur Boulevard due to excessive weight. Trucks normally weigh 30 to 40 tons loaded. Concrete trucks can be driven to a street intersection at MacArthur Boulevard and concrete can be pumped or transported by a front end loader to the specified building site.

7. No ten wheel trucks are allowed on MacArthur Boulevard due to excessive weight. Single axle trucks are permitted if GVW is less than 15 tons.

8. Overweight trucks can cross MacArthur at locations of heavy duty crossings.

HEAVY DUTY (AND MEDIUM DUTY) CROSSINGS ON MACARTHUR BOULEVARD

1. Anglers Inn 12” reinforced concrete slab supported by W 12x79 beams, 4’ c.c. and bridging “New Conduit” only. Three-foot-thick concrete wall extending down to floor slab of conduit supports W 12x79. Old conduit has 12” concrete slab on grade over it.

2. Brickyard Road 12” reinforced concrete slab supported by W 12X79 beams, 4’ c.c., supported by 3’ thick concrete walls outside and 4’ thick intermediate wall.

3. Palisades (Medium Duty) 10” concrete slab (no supports) with #4 @ 12” both ways. Drive in and out on North side of MacArthur Blvd. from Eggert Drive.

4. Eggert Drive (Navy Haul Road) Consist of 2’-8” and 2’-1” thick concrete slabs over new and old conduits. Slab reinforced with 1” square bars at 4” and 41/2” respectively.

5. PersimmonTree Road Same as Brickyard Road.

6. 77th Street Same as Brickyard Road (supported on deep caissons instead of walls)

7. Oxford Road Same as Brickyard Road

8. Goldsboro Road (Medium Duty) 10” concrete slab (no supports) over conduits around x-conn #3 and South East to Glen Echo parking lot with #4 @ 12” both ways (one layer)

9. Brookmont Vehicles must use special heavy duty ramp from Boulevard to Brookmont.

F-247-W001 ADDENDUM

F-247-W001 MACARTHUR DELIVERY ADDENDUM:

In the event the MacArthur Boulevard gate is closed, the contractor shall use the main gate on Clara Barton Parkway. For more information please call (301)227-4060/4062/4330 or 1-877-679-2231.

CLAUSES INCORPORATED BY FULL TEXT

G-232-H002 PAYMENT INSTRUCTIONS AND CONTRACT TYPE SUMMARY FOR PAYMENT OFFICE (NAVSEA) (JUN 2018)

(a) The following table of payment office allocation methods applies to the extent indicated.

For Government Use Only

Allocation Method

52.212-4 (Alt I), Contract Terms and Conditions—Commercial Items 52.216-7, Allowable Cost and Payment 52.232-7, Payments under Time-and-Materials and Labor-Hour Contracts

52.232-1, Payments;

52.232-2, Payments under Fixed-Price Research and Development Contracts;

52.232-3, Payments under Personal Services Contracts;

52.232-4, Payments under Transportation Contracts and Transportation-Related Services Contracts; and 52.232-6, Payments under Communication Service Contracts with Common Carriers

52.232-29, Terms for Financing of Purchases of Commercial Items;

52.232-30, Installment Payments for Commercial Items

*Liquidation of Financing Payments. Liquidation will be applied by the payment office against those ACRNs which are identified by the payment instructions for the delivery payment and in keeping with the liquidation provision of the applicable contract financing clause (i.e., progress payment, performance-based payment, or commercial item financing).

(b) This procurement contains the following contract type(s):

G-242-H001 GOVERNMENT CONTRACT ADMINISTRATION POINTS-OF-CONTACT AND RESPONSIBILITIES (NAVSEA) (OCT 2018)

(a) The Government reserves the right to administratively substitute any of the points of contact listed below at any time.

(b) The contracting officer is the only person authorized to change this contract or orders issued thereunder. The Contractor shall not comply with any order, direction or request of Government personnel - that would constitute a change - unless it is issued in writing and signed by the Contracting Officer or is pursuant to specific authority otherwise included as part of this contract. If, in the opinion of the contractor, an effort outside the existing scope of this contract is requested, the contractor shall promptly comply with the Notification of Changes clause of this contract.

(c) The points of contact are as follows:

(i) The Procuring Contracting Officer (PCO) is:

Name: Kristen Duhaime Address: 904 Corporate Lane Chesapeake, VA 23320 Phone: (978) 987-8034 E-mail: kristen.m.duhaime.civ@us.navy.mil

(ii) The Contract Specialist is:

Name: Arnel Ngo Address: 904 Corporate Lane Chesapeake, VA 23320 Phone: (757) 469-6784 E-mail: arnel.a.ngo.civ@us.navy.mil

(d) The Technical Point of Contact (TPOC) is the contracting officer’s representative for technical matters when a COR is not appointed. The TPOC is responsible for technical issues of contract administration, such as providing all items of Government Furnished Information (GFI), Government Furnished Material (GFM) and Government Furnished Equipment (GFE) if specified in the contract as well as the inspection and acceptance of all contract deliverables.

The Technical Point of Contact (TPOC) is:

Name: [ * ] Address: [ *Street ] [ *City, State, Zip ] Phone: (Area Code) xxx- [xxxx]; FAX: (Area Code) xxx- [xxxx] E-mail: [ * ]

[ * ] To be completed at contract award

G-242-H002 HOURS OF OPERATION AND HOLIDAY SCHEDULE (NAVSEA) (JUL 2021)

(a) The policy of this activity is to schedule periods of reduced operations or shutdown during holiday periods. Deliveries will not be accepted on Saturdays, Sundays or Holidays except as specifically requested by the [insert activity name]. All goods or services attempted to be delivered on a Saturday, Sunday or Holiday without specific instructions from the Contracting Officer or his duly appointed representative will be returned to the contractor at the contractor’s expense with no cost or liability to the U.S. Government.

(b) The federal Government observes public Holidays that have been established under 5 U.S.C. 6103. The actual date of observance for each of the holidays, for a specific calendar year, may be obtained from the OPM website at OPM.GOV or by using the following direct link:

https://www.opm.gov/policy-data-oversight/pay-leave/federal-holidays/.

(c) Delayed Opening, Early Dismissal and Closure of Government Facilities. When a Government facility has a delayed opening, is closed or Federal employees are dismissed early (due to severe weather, security threat, security exercise, or a facility related problem) that prevents personnel from working, onsite contractor personnel regularly assigned to work at that facility shall follow the same reporting and/or departure directions given to Government personnel. The contractor shall not direct charge to the contract for such time off, but shall follow parent company policies regarding taking leave (administrative or other). Non-essential contractor personnel, who are not required to remain at or report to the facility, shall follow their parent company policy regarding whether they should go/stay home or report to another company facility. Subsequent to an early dismissal, delayed opening, or during periods of inclement weather, onsite contractors should monitor the OPM website as well as radio and television announcements before departing for work to determine if the facility is closed or operating on a delayed arrival basis.

(d) When Federal employees are excused from work due to a holiday or a special event (that is unrelated to severe weather, a security threat, or a facility related problem), on site contractors shall continue working established work hours or take leave in accordance with parent company policy. Those contractor employees who take leave shall not direct charge the non-working hours to the contract. Contractors are responsible for predetermining and disclosing their charging practices for early dismissal, delayed openings, or closings in accordance with the FAR, applicable cost accounting standards, and the company’s established policy and procedures. Contractors shall follow their disclosed charging practices during the contract period of performance, and shall not follow any verbal directions to the contrary. The Contracting Officer will make the determination of cost allowability for time lost due to facility closure in accordance with FAR, applicable Cost Accounting Standards, and the Contractor's established accounting policy and procedures.

(e) If you intend to visit the Contracts Office, it is advised that you call for an appointment at least 24 hours in advance.

(f) The hours of operation are as follows:

(g) All deliveries to the Receiving Officer or Technical Point of Contact address are identified in Box 15, shall be made Monday through Friday from 0800 to 1400, local time. Deliveries will not be accepted after 1400. No deliveries will be accepted on federal government holidays.

G-242-W001 CONTRACT ADMINISTRATION FUNCTIONS (NAVSEA) (OCT 2018)

(a) In accordance with FAR 42.302(a) all functions listed are delegated to the ACO except the following items to be retained by the PCO:

N/A

(b) In accordance with FAR 42.302(b), the following additional functions are delegated to the ACO:

N/A

L-204-H003 NOTIFICATION OF USE OF NAVY SUPPORT CONTRACTORS FOR OFFICIAL CONTRACT FILES (NAVSEA) (APR 2019)

(a) NAVSEA may use a contractor to manage official contract files hereinafter referred to as "the support contractor", including the official file supporting this procurement. These official files may contain information that is considered a trade secret, proprietary, business sensitive or otherwise protected pursuant to law or regulation, hereinafter referred to as “protected information”. File management services consist of any of the following: secretarial or clerical support; data entry; document reproduction, scanning, imaging, or destruction; operation, management, or maintenance of paper-based or electronic mail rooms, file rooms, or libraries; and supervision in connection with functions listed herein.

(b) The cognizant Contracting Officer will ensure that any NAVSEA contract under which these file management services are acquired will contain a requirement that

(1) The support contractor not disclose any information;

(2) Individual employees are to be instructed by the support contractor regarding the sensitivity of the official contract files;

(3) The support contractor performing these services be barred from providing any other supplies and/or services, or competing to do so, to NAVSEA for the period of performance of its contract and for an additional three years thereafter unless otherwise provided by law or regulation; and,

(4) In addition to any other rights the offeror may have, it is a third party beneficiary who has the right of direct action against the support contractor, or any person to whom the support contractor has released or disclosed Protected Information, for the unauthorized duplication, release, or disclosure of such Protected Information.

(c) Submission of a proposal will be considered as consent to NAVSEA's permitting access to any information, irrespective of restrictive markings or the nature of the information submitted, by its file management support contractor for the limited purpose of executing its file support contract responsibilities.

(d) NAVSEA may, without further notice, enter into contracts with other contractors for these services. Offerors are free to enter into separate non-disclosure agreements with the file support contractor. Contact the Procuring Contracting Officer for contractor specifics. However, any such agreement will not be considered a prerequisite before information submitted is stored in the files or otherwise encumber the government.

(End of provision)

52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2007)

(a) Definitions. As used in this provision--``Lobbying contact'' has the meaning provided at 2 U.S.C. 1602(8). The terms ``agency,'' ``influencing or attempting to influence,'' ``officer or employee of an agency,'' ``person,'' ``reasonable compensation,'' and ``regularly employed'' are defined in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12).

(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled ``Limitation on Payments to Influence Certain Federal Transactions'' (52.203-12) are hereby incorporated by reference in this provision.

(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.

(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 2020)

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

Agency means executive agency as defined in Federal Acquisition Regulation (FAR) 2.101.

Covered Federal action means any of the following actions:

(1) Awarding any Federal contract.

(2) Making any Federal grant.

(3) Making any Federal loan.

(4) Entering into any cooperative agreement.

(5) Extending, continuing, renewing, amending, or modifying any Federal contract, grant, loan, or cooperative agreement.

Indian tribe and tribal organization have the meaning provided in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b) and include Alaskan Natives.

Influencing or attempting to influence means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action.

Local government means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government.

Officer or employee of an agency includes the following individuals who are employed by an agency:

(1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment.

(2) A member of the uniformed services, as defined in subsection 101(3), Title 37, United States Code.

(3) A special Government employee, as defined in section 202, Title 18, United States Code.

(4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, Title 5, United States Code, appendix 2.

Person means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

Reasonable compensation means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government.

Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector.

Recipient includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization eligible to receive Federal contracts, grants, cooperative agreements, or loans from an agency, but only with respect to expenditures by such tribe or organization that are made for purposes specified in paragraph (b) of this clause and are permitted by other Federal law.

Regularly employed means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days.

State means a State of the United States, the District of Columbia, or an outlying area of the United States, an agency or instrumentality of a State, and multi-State, regional, or interstate entity having governmental duties and powers.

(b) Prohibition. 31 U.S.C. 1352 prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal actions. In accordance with 31 U.S.C. 1352, the Contractor shall not use appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the award of this contractor the extension, continuation, renewal, amendment, or modification of this contract.

(1) The term appropriated funds does not include profit or fee from a covered Federal action.

(2) To the extent the Contractor can demonstrate that the Contractor has sufficient monies, other than Federal appropriated funds, the Government will assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds.

(c) Exceptions. The prohibition in paragraph (b) of this clause does not apply under the following conditions:

(1) Agency and legislative liaison by Contractor employees.

(i) Payment of reasonable compensation made to an officer or employee of the Contractor if the payment is for agency and legislative liaison activities not directly related to this contract. For purposes of this paragraph, providing any information specifically requested by an agency or Congress is permitted at any time.

(ii) Participating with an agency in discussions that are not related to a specific solicitation for any covered Federal action, but that concern--

(A) The qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities; or

(B) The application or adaptation of the person's products or services for an agency's use.

(iii) Providing prior to formal solicitation of any covered Federal action any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action;

(iv) Participating in technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and

(v) Making capability presentations prior to formal solicitation of any covered Federal action by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub.L. 95-507, and subsequent amendments.

(2) Professional and technical services. (i) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action.

(ii) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations.

(iii) As used in paragraph (c)(2) of this clause, ``professional and technical services'' are limited to advice and analysis directly applying any professional or technical discipline (for examples, see FAR 3.803(a)(2)(iii)).

(iv) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents.

(3) Only those communications and services expressly authorized by paragraphs (c)(1) and (2) of this clause are permitted.

(d) Disclosure. (1) If the Contractor did not submit OMB Standard Form LLL, Disclosure of Lobbying Activities, with its offer, but registrants under the Lobbying Disclosure Act of 1995 have subsequently made a lobbying contact on behalf of the Contractor with respect to this contract, the Contractor shall complete and submit OMB Standard Form LLL to provide the name of the lobbying registrants, including the individuals performing the services.

(2) If the Contractor did submit OMB Standard Form LLL disclosure pursuant to paragraph (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, and a change occurs that affects Block 10 of the OMB Standard Form LLL (name and address of lobbying registrant or individuals performing services), the Contractor shall, at the end of the calendar quarter in which the change occurs, submit to the Contracting Officer within 30 days an updated disclosure using OMB Standard Form LLL.

(e) Penalties. (1) Any person who makes an expenditure prohibited under paragraph (b) of this clause or who fails to file or amend the disclosure to be filed or amended by paragraph (d) of this clause shall be subject to civil penalties as provided for by 31 U.S.C.1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.

(2) Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure form.

(f) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision.

(g) Subcontracts.

(1) The Contractor shall obtain a declaration, including the certification and disclosure in paragraphs (c) and (d) of the provision at FAR 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, from each person requesting or receiving a subcontract under this contract that exceeds the threshold specified in FAR 3.808 on the date of subcontract award. The Contractor or subcontractor that awards the subcontract shall retain the declaration.

(2) A copy of each subcontractor disclosure form (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall, at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor, submit to the Contracting Officer within 30 days a copy of all disclosures. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor.

(3) The Contractor shall include the substance of this clause, including this paragraph (g), in any subcontract that exceeds the threshold specified in FAR 3.808 on the date of subcontract award.

(End of clause)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee's employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor`s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of…