N0017423Q0039AMEND 1.pdf
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22SIMACQR30023
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print)
30-105-04EXCEPTION TO SF 30
APPROVED BY OIRM 11-84
STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA
FAR (48 CFR) 53.243
The purpose of this amendment is to rew ork the clins, Revise the Statement of Work and correct errors.
1. CONTRACT ID CODE PAGE OF PAGES
J 1 25
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
16C. DATE SIGNED
BY 28-Mar-2023
16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR
(Signature of Contracting Officer)(Signature of person authorized to sign)
8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X N0017423Q0039
X 9B. DATED (SEE ITEM 11)
17-Mar-2023
10B. DATED (SEE ITEM 13)
9A. AMENDMENT OF SOLICITATION NO.
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.
Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:
(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN
REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE
CONTRACT ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
10A. MOD. OF CONTRACT/ORDER NO.
2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)
6. ISSUED BY
3. EFFECTIVE DATE
28-Mar-2023
CODE
NSWC IHD
4801 NORTH JACKSON ROAD
BUILDING 841, ROOM 20
INDIAN HEAD MD 20640
N00174 7. ADMINISTERED BY (If other than item 6)
4. REQUISITION/PURCHASE REQ. NO.
CODE
See Item 6
FACILITY CODECODE
EMAIL:TEL:
N0017423Q0039
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
SECTION SF 1449 - CONTINUATION SHEET
SOLICITATION/CONTRACT FORM
The required response date/time has changed from 30-Mar-2023 08:00 AM to 06-Apr-
2023 08:00 AM.
SUPPLIES OR SERVICES AND PRICES
CLIN 0001
The CLIN description has changed from MAINTENANCE AGREEMENT to Preventative Maintenance.
The CLIN extended description has changed from:
Labor rates for a PM contract on 2 Film processors 4 visits a year. This includes Travel exprenses-labor and chemistry
To:
CLIN 0002
The CLIN description has changed from UNSCHEDULED SERVICES to Unscheduled Repair Service.
The CLIN extended description has changed from:
Unscheduled X-ray services 8 hours on sire includes travel expenses labors
CLIN 0003
The CLIN description has changed from REPAIR PARTS to Off-Site Repair.
repair parts for processor
The cost constraint NTE has been added.
CLIN 0004
The CLIN description has changed from MAINTENANCE AGREEMENT to Parts.
The CLIN extended description has changed from:
Labor rates for a PM contract on 2 Film processors 4 visits a year. This includes Travel exprenses-labor and
The option status has changed from Option to No Status.
CLIN 0005
The CLIN description has changed from UNSCHEDULED SERVICES to Silver Recovery Maintenance.
The pricing detail quantity has increased by 3.00 from 1.00 to 4.00.
The unit of issue has changed from Lot to Each.
CLIN 0006
This CLIN has been renumbered to CLIN 1001.
The CLIN description has changed from REPAIR PARTS to OY1 - Preventative Maintenance.
repair parts for prcessor
The cost constraint NSP has been added.
CLIN 0007
This CLIN has been renumbered to CLIN 0006.
The CLIN description has changed from MAINTENANCE AGREEMENT to Maintenance Reports.
The CLIN extended description has changed from:
Labor rates for a PM contract on 2 Film processors 4 visits a year. This includes Travel exprenses-labor and
The pricing detail quantity has decreased by 1.00 from 1.00 to 0.00.
The unit of issue Lot has been deleted.
The cost constraint NSP has been added.
CLIN 0008
This CLIN has been renumbered to CLIN 1002.
The CLIN description has changed from UNSCHEDULED SERVICES to OY1 -Unscheduled Repair Service.
CLIN 0009
This CLIN has been renumbered to CLIN 1005.
The CLIN description has changed from REPAIR PARTS to OY1 - Silver Recovery Maintenance.
The pricing detail quantity has increased by 3.00 from 1.00 to 4.00.
CLIN 0010
This CLIN has been renumbered to CLIN 1003.
The CLIN description has changed from MAINTENANCE AGREEMENT to OY1 - Off-Site Repair.
The CLIN extended description has changed from:
Labor rates for a PM contract on 2 Film processors 4 visits a year. This includes Travel exprenses-labor and
CLIN 0011
This CLIN has been renumbered to CLIN 1004.
The CLIN description has changed from UNSCHEDULED SERVICES to OY1 - Parts.
CLIN 0012
This CLIN has been renumbered to CLIN 2002.
The CLIN description has changed from REPAIR PARTS to OY2 - Unscheduled Repair Service.
CLIN 0013
This CLIN has been renumbered to CLIN 2001.
The CLIN description has changed from MAINTENANCE AGREEMENT to OY2 - Preventative Maintenance.
Labor rates for a PM contract on 2 Film processors 4 visits a year. This includes Travel exprenses-labor and
CLIN 0014
This CLIN has been renumbered to CLIN 2003.
The CLIN description has changed from UNSCHEDULED SERVICES to OY2 - Off-Site Repair.
CLIN 0015
This CLIN has been renumbered to CLIN 1006.
The CLIN description has changed from REPAIR PARTS to OY1 - Maintenance Reports.
The pricing detail quantity has decreased by 1.00 from 1.00 to 0.00.
The unit of issue Lot has been deleted.
CLIN 2004 is added as follows:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
2004 1 Lot OPTION OY2 - Parts
FFP
FOB: Destination
NET AMT
CLIN 2005 is added as follows:
2005 4 Each OPTION OY2 - Silver Recovery Maintenance
CLIN 3001 is added as follows:
3001 1 Lot OPTION OY3 - Preventative Maintenance
CLIN 3002 is added as follows:
3002 1 Each OPTION OY3 - Unscheduled Repair Service
CLIN 3003 is added as follows:
3003 1 Lot OPTION OY3 - Off-Site Repair
CLIN 3004 is added as follows:
3004 1 Lot OPTION OY3 - Parts
CLIN 3005 is added as follows:
3005 4 Each OPTION OY3 - Silver Recovery Maintenance
CLIN 4001 is added as follows:
4001 1 Lot OPTION OY4 - Preventative Maintenance
CLIN 4002 is added as follows:
4002 1 Each OPTION OY4 - Unscheduled Repair Service
CLIN 4003 is added as follows:
4003 1 Lot OPTION OY4 - Off-Site Repair
CLIN 4004 is added as follows:
4004 1 Lot OPTION OY4 - Parts
CLIN 4005 is added as follows:
4005 4 Each OPTION OY4 - Silver Recovery Maintenance
DELIVERIES AND PERFORMANCE
The following Delivery Schedule item for CLIN 0004 has been changed from:
DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
POP 24-APR-2024 TO
23-APR-2025
N/A N/A
DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
POP 24-APR-2023 TO
23-APR-2024
The following Delivery Schedule item for CLIN 0005 has been changed from:
CAGE
POP 24-APR-2024 TO
23-APR-2025
CAGE
POP 24-APR-2023 TO
23-APR-2024
The following Delivery Schedule Item has been deleted from CLIN 0006:
CAGE
POP 24-APR-2024 TO
23-APR-2025
The following Delivery Schedule for CLIN 1001 has been added:
CAGE
POP 24-APR-2024 TO
24-APR-2025
The following Delivery Schedule for CLIN 1002 has been added:
CAGE
POP 24-APR-2024 TO
23-APR-2025
The following Delivery Schedule for CLIN 1003 has been added:
CAGE
POP 24-APR-2024 TO
23-APR-2025
The following Delivery Schedule for CLIN 1004 has been added:
POP 24-APR-2024 TO
23-APR-2025
The following Delivery Schedule for CLIN 1005 has been added:
CAGE
POP 24-APR-2024 TO
23-APR-2025
The following Delivery Schedule for CLIN 1006 has been added:
CAGE
POP 24-APR-2024 TO
23-APR-2025
The following Delivery Schedule for CLIN 2001 has been added:
CAGE
POP 23-APR-2025 TO
23-APR-2026
The following Delivery Schedule for CLIN 2002 has been added:
CAGE
POP 23-APR-2025 TO
23-APR-2026
The following Delivery Schedule for CLIN 2003 has been added:
CAGE
POP 23-APR-2025 TO
23-APR-2026
The following Delivery Schedule for CLIN 3001 has been added:
POP 24-APR-2026 TO
23-APR-2027
The following Delivery Schedule for CLIN 3002 has been added:
CAGE
POP 24-APR-2026 TO
23-APR-2027
The following Delivery Schedule for CLIN 3003 has been added:
CAGE
POP 24-APR-2026 TO
23-APR-2027
The following Delivery Schedule for CLIN 3004 has been added:
CAGE
POP 24-APR-2026 TO
23-APR-2027
The following Delivery Schedule for CLIN 3005 has been added:
CAGE
POP 24-APR-2026 TO
23-APR-2027
The following Delivery Schedule for CLIN 4001 has been added:
CAGE
POP 24-APR-2027 TO
23-APR-2028
The following Delivery Schedule for CLIN 4002 has been added:
POP 24-APR-2027 TO
23-APR-2028
The following Delivery Schedule for CLIN 4003 has been added:
CAGE
POP 24-APR-2027 TO
23-APR-2028
The following Delivery Schedule for CLIN 4004 has been added:
CAGE
POP 24-APR-2027 TO
23-APR-2028
The following Delivery Schedule for CLIN 4005 has been added:
CAGE
POP 24-APR-2027 TO
23-APR-2028
INSPECTION AND ACCEPTANCE
The following Acceptance/Inspection Schedule was added for CLIN 2004:
INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
N/A N/A N/A Government
The following Acceptance/Inspection Schedule was added for CLIN 2005:
The following Acceptance/Inspection Schedule was added for CLIN 3001:
The following Acceptance/Inspection Schedule was added for CLIN 3002:
The following Acceptance/Inspection Schedule was added for CLIN 3003:
The following Acceptance/Inspection Schedule was added for CLIN 3004:
The following Acceptance/Inspection Schedule was added for CLIN 3005:
The following Acceptance/Inspection Schedule was added for CLIN 4001:
The following Acceptance/Inspection Schedule was added for CLIN 4002:
The following Acceptance/Inspection Schedule was added for CLIN 4003:
The following Acceptance/Inspection Schedule was added for CLIN 4004:
The following Acceptance/Inspection Schedule was added for CLIN 4005:
The following have been added by full text:
REVISED STATMENT OF WORK
STATEMENT OF WORK
FOR
Film Processor (GEIT NDT Si) Maintenance and Chemistry 20 March 2023
PROVIDE PREVENTIVE MAINTENANCE,
REPAIR SERVICES, REPAIR PARTS AND CHEMISTRY FOR FILM PROCESSORS
SCOPE:
Naval Surface Warfare Center, Indian Head Division (NSWC IHD) uses automatic film processing equipment manufactured by GE Inspection Technologies for processing industrial film. NSWC IHD Nondestructive Evaluation Branch has a requirement for preventive maintenance, unscheduled service, repair parts, and chemistry as needed to maintain and operate two (2) GEIT NDT Si model film processors and automatic film feeders.
The Contractor shall provide manufacturer trained and certified technicians to perform preventive maintenance in accordance with maintenance checklist, provide unscheduled repair services for two (2) film processors to include replacements parts to make repairs as needed and travel. Chemistry is also required and will be procured as needed. It is critical that the film processors be repaired or serviced, as required, to prevent program work stoppage.
1. DEFINITIONS:
1.1. Preventive Maintenance – A service that shall be provided every three (3) months to help prevent equipment breakdowns.
1.2. Corrective Intervention / Repair Services
1.2.1. Emergency Services – A service that shall be provided no more than once a year.
This could be an equipment breakdown between preventive maintenance calls.
1.2.2. Off-Site Repairs – A service performed at the contractor’s facility, limited to a maximum labor and material cost as defined in section B. This may include but is not limited to film feeder repair.
2. REQUIREMENTS
2.1. General Requirements
2.1.1. Records of all maintenance shall use a manufacturer Checklist and shall be provided to the Government, as part of the maintenance services report (A001) at the completion of the maintenance service. Maintenance service report shall be made available to the Government Technical Point of Contact (TPOC) within three business days from the completion of each maintenance action (PMI).
2.1.2. The Government assumes the responsibility of consumable and hazardous waste disposal for maintenance conducted at the Government facility.
2.1.3. Chemicals required for cleaning and recharging the film processors after maintenance shall be included in the requirement. Fixer, developer, and starter fluid shall be included in the maintenance effort. Government inventory will not be provided for film processor recharging.
2.2. Preventative Maintenance
2.2.1. The maintenance shall be scheduled every three months. The following months are preferable: January, April, July, and October.
2.2.2. The Government requires that the preventive services be scheduled for the same site visit to accommodate production workload, although equipment is located at two (2) separate buildings.
2.3. Emergency Services
2.3.1. Emergency services shall be performed at the Government facility within forty-eight (48) hours of notification of required service.
2.4. Off-Site Repairs
2.4.1. Off-site repairs shall include an initial assessment by the contractor. A cost estimate shall be provided to the Government before the repair is conducted and the Government will determine if the item is beyond economical repair (BER).
2.4.2. If the item is not deemed BER, the Government shall inform the contractor to repair the item and return it to the Government.
2.4.3. If the Government determines the item is BER, the contractor shall provide a quotation for a replacement item. The Government will provide direction to proceed.
2.4.4. At the discretion of the Government, repaired parts shall be returned to the Government within thirty (30) days of receiving the part at the contractor facility or may be delivered by the contractor at the next scheduled maintenance visit.
2.5. Silver Recovery
2.5.1. A silver recovery system shall be provided, installed, and maintained for spent fixer at both film processors covered in this statement of work by the contractor.
2.5.2. The recovery system shall be installed between the film processor and the catch tank.
2.5.3. The vendor is responsible for installing and maintaining the full system.
2.5.4. The maximum throughput of the film processors is approximately 300 sheets per day at Building 1140 and approximately 200 sheets per day at Building 731.
Film processors are on for 10 hrs per day, though actually processing film for around 6 hours per day. This level of throughput is likely around a 75% duty cycle spread throughout a three-month period. As such, approximately 10,000 sheets of film throughput at building 1140 and 7,000 at building 731 in any given three-month period. These numbers assume likely worst case, NSWCIHD generally doesn’t attain this throughput, but we need to be prepared for this level and the systems should be sized appropriately.
2.5.5. The spent fixer waste stream, after passing through the recovery process, shall not exceed 2.5 PPM Silver and be safe for discharge to a sanitary sewer system per regulatory requirements. The Navy acknowledges the Environmental Protection Agency Maximum quantity of Silver in discharged waste water is 5 ppm.
2.5.6. Used containers from the recovery system are to be removed by the contractor and processed per Environmental Regulations at their facility.
2.6. Technician Certification
2.6.1. Contractor technicians assigned to work on the film processors must be certified by GEIT (or the current company providing that product line), and provide physical documentation of certification to the Government Technical Point of Contact (TPOC).
2.6.2. If a contractor technician’s certification is expired, revoked, or not renewed, the contractor shall provide an alternate technician with current certification.
2.7. System Description
2.7.1. System 1, Building 731, Bay 7, GEIT Structurix NDT Si Type 5320/450, Serial # 1032.
2.7.2. System 2, Building 1140 Complex (Building 1718), GEIT Structurix NDT Si Type 5320/350, Serial # 1154.
2.8. Repair Parts and Materials
2.8.1. Replacement Parts – The Contractor shall use new standard parts whenever possible. The government understands the age of these machines may necessitate utilization of re-used components. The government will accept any used components that have been thoroughly inspected and subjected to the same performance specifications and testing of serviceability prescribed by the OEM for original manufactured parts.
2.8.2. Repair/replacement parts shall be procured by the contractor.
2.8.3. The Contractor shall provide all chemistry and parts required for maintenance, replacement or repair. The Contractor shall provide a list of replaced or repaired parts installed during each visit per machine in the required maintenance service report (A001). Defective parts which have been replaced shall become the property of the Contractor.
3. ECMRA REPORTING
3.1. The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the repair and maintenance of film processors via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:
(1) W, Lease/Rental of Equipment;
(2) X, Lease/Rental of Facilities;
(3) Y, Construction of Structures and Facilities;
(4) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications Transmission (D304) and Internet (D322) ONLY;
(5) S, Utilities ONLY;
(6) V, Freight and Shipping ONLY.
The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.
3.2. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.The Contractor shall report labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the maintenance of film processors VIA A SECURE DATA COLLECTION SITE. Contracted services excluded.
4. PLACE OF PERFORMANCE
4.1. The Contractor shall have the necessary documentation/certification ready in order to do the preventive maintenance in NSWC IHEODTD buildings:
4.2. Off-site repairs shall be performed at a contractor facility.
5. PERIOD OF PERFORMANCE
5.1. The period of the performance for the services will be for one (1) base year and four (4) one year options to be exercised at the discretion of the Government.
6. POINTS OF CONTACT
Technical Points of Contact
Alex Decat, Code R35AD Primary NSWC Indian Head Division Nondestructive Evaluation Branch Indian Head MD 20640 Phone: (301) 744-2577 Email: alex.k.decat.civ@us.navy.mil
Lynn Tarburton, Code RC Secondary NSWC Indian Head Division RDT&E Department 3945 Ballistic Lane B547 Indian Head MD 20640 Phone: (301) 744-2483 Email: lynn.m.tarburton.civ@us.navy.mil
L-209-H009 NOTIFICATION OF POTENTIAL ORGANIZATIONAL OR PERSONAL CONFLICT(S) OF
INTEREST (NAVSEA) (APR 2022)
(a) Offerors are reminded that certain existing contractual arrangements may preclude, restrict or limit participation, in whole or in part, either as a subcontractor or as a prime contractor under this competitive procurement. Of primary concern are those contractual arrangements in which the Offeror provides support to , or related laboratories (if applicable), in support of operation of the office or any of its programs. General guidance may be found in FAR 9.505; however, this guidance is not all-inclusive. The Offeror's attention is directed to the "Organizational Conflict of Interest" (OCI) or similar requirement which may be contained in current or completed contract(s) which prohibits the prime or subcontractor from providing certain supplies or services to the Government as described above during the period of the current "support" contract(s) or for a period after completion of the "support" contract(s). Notwithstanding the existence or non-existence of an OCI or similar requirement in current or completed contract(s), the Offeror shall comply with FAR subpart 9.5 and identify whether an OCI exists and not rely solely on the presence of an OCI or similar requirement.
(b) Offerors also are reminded that certain potential conflicts of interest may arise where an Offeror has unequal access to nonpublic information about a competitor that may provide the Offeror with an unfair competitive advantage and preclude, restrict or limit participation, in whole or in part, either of the individual, subcontractor or prime contractor under this competitive procurement. For example, a potential conflict may arise if former Department of Navy employee(s), subcontractors, or teaming partners of the Offeror may have gained access to nonpublic information about a competitor through participation in previous or ongoing performance or during the solicitation development/source selection process associated with this competitive procurement, and then participates in the formation of the Offeror’s proposal. Other potential conflicts of interest may arise where either the former Department of Navy employee(s), subcontractors, or teaming partners of the Offeror under this competitive procurement set the ground rules for competition; for example, by drafting specifications or assisting in the drafting of the statement of work. General guidance may be found in FAR 3.101 and 9.505; however, this guidance is not all-inclusive.
(c) If an Offeror identifies a potential conflict of interest that exists at any tier, that Offeror is requested to notify the Contracting Officer within 14 days of the date of this solicitation. The Offeror shall provide: (1) the contract or previous source selection’s solicitation number and name and phone number of the Contracting Officer for the contract which gives rise to a potential conflict of interest; (2) a copy of the requirement; (3) the statement of work and technical instruction from the existing contract, as applicable; (4) a brief description of the type of work to be performed by each subcontractor under the competitive procurement; (5) a brief description of the individual’s, subcontractor’s, or teaming partner’s unequal access to nonpublic information about a competitor, which may lead to a conflict of interest in the formation of the Offeror’s proposal, or establishment of ground rules for this competitive procurement, as applicable; (6) an OCI mitigation plan, as applicable; and (7) any additional information the Contracting Officer should consider in making a determination of whether a conflict of interest exists. The Government may independently verify the information received from the Offeror. The requirement to identify potential conflicts of interest as outlined herein continues until contract award. Notwithstanding the above, the Government reserves the right to determine whether a conflict of interest exists based on any information received from any source.
(d) The Government will notify an Offeror of any conflict of interest within 14 days of receipt of all required information. Those Offerors deemed to have a conflict of interest may be ineligible for award. Failure to provide the information in a timely manner does not waive the Government's rights to make a conflict of interest determination. The Offeror is notified that if it expends time and money on proposal preparation, such expenditure is at its own risk regardless of whether the Government determines a personal or organizational conflict of interest does or does not exist.
(e) Any potential prime contractor which proposes an individual, subcontractor, or teaming partner later determined to have a conflict of interest and deemed ineligible to participate in the current competition, may not be granted the opportunity to revise its proposal to remove the ineligible individual, subcontractor or teaming partner. The Government reserves the right to determine which Offerors remain in the competitive range through the normal source selection process.
(f) If the Offeror determines that a potential organizational and/or personal conflict of interest does not exist at any tier, the Offeror shall include a statement to that effect in its response to this solicitation.
(End of provision)
The following have been modified:
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT
2020)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representations.
(1) The Offeror represents that it [x ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [x ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2022)
(a) Definitions. As used in this provision--
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.
Service-disabled veteran-owned small business concern--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
Small business concern--
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph
(b) of this provision.
(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13
CFR 121.103.
Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States, and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Veteran-owned small business concern means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
Women-owned small business concern means a small business concern--
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127) means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.
(b)(1) The North American Industry Classification System (NAICS) code for this acquisition is [insert NAICS code].
(2) The small business size standard is [insert size standard].
(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce (i.e., nonmanufacturer), is 500 employees if the acquisition--
(i) Is set aside for small business and has a value above the simplified acquisition threshold;
(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or
(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.
(c) Representations.
(1) The offeror represents as part of its offer that--
(i) It [ ___ ] is, [ ___ ] is not a small business concern; or
(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
(2) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.
(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]
(6) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.
(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that--
(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or
(ii) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.
(8) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.
(d) Notice. Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—
(1) Be punished by imposition of fine, imprisonment, or both;
(2) Be subject to administrative remedies, including suspension and debarment; and
(3) Be ineligible for participation in programs conducted under the authority of the Act.
The following have been deleted:
STATEMENT OF WORK
52.217-7 Option For Increased Quantity-Separately Priced Line Item MAR 1989 252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023
(End of Summary of Changes)
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