N0017818R6004.pdf

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Laboratory Analysis Services Federal contract opportunity
Solicitation number
N0017818R6004
Issued by
Department of the Navy Naval Sea Systems Command

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SEE ADDENDUM

(No Collect Calls)

N0017818R6004 23-Jan-2018

b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

12:00 PM 02 Feb 2018

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N001789. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KIMBERLY S. CURTIN

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NSWCDD 3

ATTN: KIMBERLY CURTIN, CODE 026

KIMBERLY.CURTIN@NAVY.MIL

17632 DAHLGREN ROAD STE 157

DAHLGREN VA 22448-5110

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE N00178 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVAL SURFACE WARFARE CENTER

RECEIVING OFFICER

6220 TISDALE ROAD STE 159

DAHLGREN VA 22448-5114

TEL: (540) 653-7306 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$15,000,000

NAICS:

541330

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF45

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N0017818R6004

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK

LAB SERVICES

STATEMENT OF WORK

1.0 BACKGROUND

The Naval Surface Warfare Center Dahlgren Division (NSWCDD) Environmental Branch requires a laboratory accredited in accordance with the Department of Defense (DoD) Environmental Laboratory Accreditation Program (ELAP). DoD ELAP ensures laboratories performing analyses meet a minimum quality standard. In addition, the laboratory shall be certified by the state of Virginia, under the Virginia Environmental Laboratory Accreditation Program (VELAP) and the state in which it is located (if that state has such a certification program) to perform chemical analysis. Loss of state or federal certification or failure to correct deficiencies when given notice by the state or EPA shall be sufficient reason for termination of the contract. In accordance with the requirements herein, the Contractor shall be responsible for all aspects of this effort and shall furnish all necessary services, materials, labor, and supplies not otherwise indicated to be furnished by the Government.

2.0 APPLICABLE DOCUMENTS

2.1 Title 40 (Protection of Environment), Code of Federal

Regulations (CFR), Part 136, Guidelines Establishing Test Procedures for the Analysis of Pollutants;

2.2 Environmental Protection Agency Contract Laboratory Program (EPA CLP) Guidance;

2.3 EPA Specifications and Guidance for Contaminant-Free Sample Containers (EPA 540/R-93/051)

2.4 Virginia Environmental Laboratory Accreditation Program

(VELAP)

3.0 REQUIREMENTS

3.1 The approximate number of samples to be submitted, and the type of analysis to be conducted are summarized in subtasks 3.1.1-3.1.3. Field duplicate samples will be submitted with “blinded” identification to the laboratory. Additional volumes of these samples will be provided as necessary. The Government retains the right to add any additional sampling analysis tasks which are not specified under this contract, but which may be required in the future. These circumstances will be held to a maximum of 10 analysis tasks with a not to exceed threshold of $1000.00 in totality.

3.1.1 Approximate Types and Number of Parameters for Hazardous Waste Analysis:

Qty Description Method Level Unit Price

Metals (As,Ba,Cd,Cr,Cu,Pb,Hg,Se,Ag)

SW846 6010/6020/

7471 IV

2 Metals (K,Mg,Zn) SW846 6010/6020 IV 2 Metals (Mn) SW846 6010/6020 IV 2 Hexavalent Chromium SW846 7196 IV

TCLP Metals (As,Ba,Cd,Cr,Pb,Hg,Se,Ag)

SW846 1131

6010/6020, 7470 IV

2 Full TCLP

SW846 1311,

8260, 8270, 8081, 8151, etc. IV

10 Corrosivity (as pH) SW846 9045 IV 10 Reactivity (Sulfide & Cyanide) SW846 Ch. 7 IV 20 Flashpoint SW846 1010 IV 20 PCBs SW846 8082 IV

10 BTEX SW846 8260 IV

10 TPH SW846 8015 IV

10 TPH - GRO SW846 8015 IV

10 TPH - DRO SW846 8015 IV

2 Formaldehyde EPA 551 IV

2 TOX SW846 9023 IV

10 Total Suspended Solids (TSS) SM 2540D IV 5 Explosives (PETN,EGDN, NG only) SW846 8330 IV 10 Explosives (full list) SW846 8330 IV 10 Perchlorate SW846 6850 IV

MNX,DNX,TNX (RDX breakdown compounds) SW846 8330 mod IV

3.1.2 Approximate Types and Number of Parameters for Soil

Analysis:

Qty. Description Method Level Unit Price

Soil Samples - Fall 2018 51 Explosives (grab samples) SW846 8330 IV 51 Metals (TAL List) SW846 6020/7470 IV 51 Hexavalent Chromium SW846 7196 IV 51 Perchlorate SW846 6850 IV 51 Cyanide SW846 9012 IV

3.1.3 Approximate Types and Number of Parameters for Groundwater Analysis:

Qty. Description Method Level Unit Price

Groundwater Samples – Spring 2018 25 Explosives SW846 8330 IV

Volatile Organic Compounds (VOCs) SW846 8260 IV

Semi-volatile Organic Compounds (SVOCs) SW846 8270 IV

3 Herbicides SW846 8151 IV

3 Pesticides SW846 8081 IV

3 PCBs SW846 8082 IV 9 Metals (TAL List) SW846 6010/6020/7470 IV 9 Hexavalent Chromium SW846 7196 IV 3 Dioxin / Furan SW846 8290 IV

3 EDB / DBCP SW846 8011 IV

3 Cyanide SW846 9012 IV 23 Perchlorate SW846 6850 IV 12 Total Organic Carbon EPA 415.1 IV 12 Chlorite EPA 300.1 IV 12 Anions EPA 300.1 IV

Groundwater Samples – Fall 2018

IV

25 Explosives SW846 8330 IV

23 Perchlorate SW846 6850 IV 13 Metals (TAL List) SW846 6010/6020 / 7470 IV 13 Hexavalent Chromium SW846 7196 IV 12 Total Organic Carbon EPA 415.1 IV 12 Chlorite (subbed) EPA 300.1 IV 12 Anions EPA 300.1 IV

3.1.4 For analysis of samples in subtasks 3.1.1-3.1.3, the unit price for each analysis shall include the cost of providing transportation, laboratory analysis, reporting, and sample containers.

3.2 All laboratory analyses shall be performed in accordance

with the most recent applicable regulations and guidelines. In addition, the Contractor shall follow all changes listed in 40 CFR Part 136, most recently updated in August 2017.

3.3 The Contractor must have available all of the equipment

required to perform the analyses as proposed, as well as the equipment needed to prepare the samples for analysis, and refrigerator capacity to store samples before and after analysis.

3.4 On occasion, the Contractor will receive samples that will require additional analysis to be performed at another laboratory. In these cases, the Contractor is required to prepare samples for shipment, forward the appropriate sub-samples to the other laboratory, and provide final results of analysis to the Technical Point of Contact (TPOC) within the time required by the contract (see 3.5 for Turnaround time).

3.5 Analytical data turnaround times are to be measured from

receipt of each sample shipment. All hardcopy analytical data packages and associated electronic deliverables are due within 14 calendar days from receipt of samples.

3.5.1 Emergency turnaround times: There may be circumstances

when the turnaround time of certain laboratory analysis results are needed sooner than the standard turnaround time. These circumstances will be held to a maximum of 5 percent of all tests and will not result in an increased cost to the Government. Required emergency turnaround time will be negotiated between the TPOC and the Contractor on a case-by-case basis.

3.6 Maximum holding times are based on 40 CFR 136, data

validation criteria, and method specific requirements, and are measured from date of collection. The holding times depicted apply to all analyses necessary to successfully determine the contamination level contained in the sample. Hence, the holding time criteria apply to any/all subsequent sample dilutions and re-analysis.

3.7 Chain of Custody (COC) procedures shall be utilized by the laboratory to ensure that sample possession can be traced from the time the sample(s) become the responsibility of the Contractor. COC records shall be maintained by the laboratory for all samples from which the analytical data is required.

3.7.1 The original completed COC form shall accompany the

original analytical test results for each sample and shall be sent to the TPOC. A copy of the completed COC will accompany the analytical test results sent to the TPOC. The completed COC will include documentation as to the preservation status of the sample and/or deviations to the preservation status of the sample.

3.7.2 Within a laboratory, internal transfers of sample, extracts, and digestates shall be accomplished and documented as controlled custody transfers. The laboratory shall maintain documentation that supports an unbroken chain of custody for samples, digestates and extracts from time of receipt or production in the laboratory until disposal.

3.8 Laboratory Quality Control (QC) samples include all

analyses stipulated by the analytical method (e.g., method blanks, standards, check samples, laboratory duplicates, matrix spikes, and confirmation analysis), to be included in prices provided.

3.8.1 The Contractor’s laboratory shall be under the supervision of a qualified chemist, capable of interpreting and directing the analyses to be performed under this contract, and who shall review and certify, by a signed statement on the report form, the adequacy and accuracy of procedures, analytical results and reports. Laboratory personnel, test equipment, consumable chemicals, etc. for the performance of the specified analytical tests are the responsibility of the Contractor and shall be suitable to satisfy the quality of data required; all equipment and procedures used for the performance of the laboratory analyses shall be in conformance with the guidelines established by EPA. The Contractor shall follow the quality control and assurance requirements for the performance of the analytical tests as stated by EPA.

3.8.2 As part of the proposal package, the Contractor shall

submit to the TPOC for approval, a written description of the Quality Assurance/Quality Control (QA/QC) program that is to be followed by the laboratory throughout the contract period. The QA/QC program should cover laboratory equipment, facilities, personnel, calibration plans, reagent evaluation, and documentation of data quality and any other policies and plans that will be used by the Contractor to ensure the reliability of the laboratory test results.

3.8.3 QA/QC samples required to be analyzed under this contract by the EPA or other regulatory agencies will be considered part of the Contractor’s quality control program for this contract.

Laboratory analyses for these samples shall be the responsibility of the Contractor and the Government shall not be billed for them.

3.8.4 Split-sampling and blind-sampling shall be performed by NSWCDD as required by federal, state, and local statutes.

NSWCDD reserves the right to send these samples to other

Contractors or to Commonwealth of Virginia laboratories to maintain QA/QC standards.

3.8.5 The Contractor shall submit to regular and random

inspections by NSWCDD personnel or their representatives. The Contractor shall respond in writing to any deficiencies reported. Follow-up inspections may be conducted to verify corrective actions.

3.8.6 The Contractor shall participate in all rounds of the

National Institute of Standards and Technology (NIST) National Voluntary Laboratory Accreditation Program and shall maintain a proficient rating.

3.9 As part of the proposal package, the Contractor shall

submit information regarding the use of, and percentage of use of, subcontractor(s). In addition, the proposals shall include proof that the proposed subcontractor(s) have complied with all required licenses and permits. NSWCDD shall be notified by the prime contractor of any decisions to either add new subcontractors to the list or change any subcontractors previously identified within 10 calendar days prior to the addition or change. NSWCDD shall be provided with all proofs of compliance prior to adding any new subcontractors.

3.10 The Contractor shall submit as part of the proposal

package, a parameter list indicating the laboratory analytical methods, detection limits, and references for the methods to be used in the analysis for each of the parameters listed in subtasks 3.1.1-3.1.3.

4.0 DELIVERABLES

4.1 The analytical requirements and approximate number of

samples to be submitted for analysis are detailed in subtasks 3.1.1-3.1.3. Results and the associated data packages (validation report) for all analyses shall meet CLP format requirements. Data packages shall be fully valid and contain summary forms for all sample and laboratory method blank data, and summary forms containing all methods specific to quality control (results recoveries, relative percent differences, relative standard deviation, and/or percent differences, etc.).

The data package shall contain a detailed case narrative for all analytical fractions.

4.1.1 In many cases, analysis of specific parameters will be

requested that will not include all the parameters the method is capable of quantifying. In these cases, report only the specific parameters requested; do not report parameters that were not requested.

4.1.2 Electronic Data Requirements: Lab results shall be

forwarded electronically to the TPOC to meet specific turnaround time requirements.

4.1.3 The Contractor shall provide the lab analyses results and an invoice to the TPOC before payment can be accepted through Wide Area Work Flow.

4.2 The laboratory shall provide all necessary sample

containers (10% extra for breakage). All sample containers shall meet ICHEM series 300 cleanliness criteria (or equivalent) and documentation of certified cleanliness shall be provided.

All of the appropriate sample bottles shall be pre-preserved.

The laboratory shall also provide any extra coolers needed for return shipment of sample to the laboratory for analysis. The laboratory is also requested to provide a packing slip indicating the analytical parameters for which each container type is designated, sample labels, and chain of custody forms.

4.3 The laboratory shall provide Safety Data Sheets (SDSs) for all preservatives sent with each bottleware shipment. SDSs shall be representative of the chemicals provided as preservatives with regard to mixture and or purity of the chemicals. For example, if a 35% sulfuric acid solution is the preservative, the SDS provided shall be 35% sulfuric acid solution and not 96%.

5.0 GOVERNMENT-FURNISHED INFORMATION

5.1 COC forms will be provided by NSWCDD and shall include

provisions to track possession of an individual sample or group.

Upon transfer, the parties involved shall sign the form and shall indicate the time and date the transfer of sample(s) occurred. The Contractor shall use preprinted, sequentially pre-numbered COC forms for each sample collected and transferred into their custody.

5.2 The majority of samples will be shipped to the laboratory via express carrier within 24 hours of collection. On occasion, non-routine collection and pick-ups shall be performed as requested by the TPOC if the laboratory is within an acceptable commuting distance. The Contractor will be notified by telephone of pick-ups at least 24 hours before the required pickup. Please indicate if the laboratory will provide courier service at no extra charge to the Government.

6.0 TECHNICAL POINT OF CONTACT

FINAL INVOICING INSTRUCTIONS

FINAL INVOICING INSTRUCTIONS

When submitting an invoice in the WAWF system, please mark all invoices as “FINAL’ so that the invoice will be properly closed out once payment has been processed. For authorized partial shipment order, only mark the invoice as final once all items have been shipped.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Laboratory Analysis Services

FFP

Laboratory Analysis Services as described in the attached SOW and in accordance with CDRL A001 and DID DI-MISC-80508B.

FOB: Destination

NET AMT

0002 1 Lot OPTION Laboratory Analysis Services

FFP

Laboratory Analysis Services as described in the attached SOW and in accordance

0003 1 Lot OPTION Laboratory Analysis Services

FFP

Laboratory Analysis Services as described in the attached SOW and in accordance

0004 1 Lot OPTION Laboratory Analysis Services

FFP

Laboratory Analysis Services as described in the attached SOW and in accordance

0005 1 Lot OPTION Laboratory Analysis Services

FFP

Laboratory Analysis Services as described in the attached SOW and in accordance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 12 mths. ADC 1 NAVAL SURFACE WARFARE CENTER

RECEIVING OFFICER

6220 TISDALE ROAD STE 159

DAHLGREN VA 22448-5114

(540) 653-7306

N00178

0002 N/A N/A N/A N/A

0003 N/A N/A N/A N/A

0004 N/A N/A N/A N/A

0005 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under and Federal Law

FEB 2016

52.211-15 Defense Priority And Allocation Requirements APR 2008 52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.232-18 Availability Of Funds APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.244-6 Subcontracts for Commercial Items NOV 2017 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-0001 Line Item Specific: Single Funding SEP 2009 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 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

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System--Statistical Reporting in Past Performance Evaluations

JUN 2015

252.225-7001 Buy American And Balance Of Payments Program-- Basic (Dec 2016)

DEC 2016

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.246-7007 Contractor Counterfeit Electronic Part Detection and

Avoidance System

AUG 2016

252.246-7008 Sources of Electronic Parts OCT 2016 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2017)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541330.

(2) The small business size standard is $15,000,000.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(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. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“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” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“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.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“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 business concern" means a concern which 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 whose management and daily business operations are controlled by one or more women.

“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 its stock is owned by one or more women; or

(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.

(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted electronically on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212- 3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ .

[Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (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.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (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.

(5) Women-owned small business concern. (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 women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. (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, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror 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 his or her behalf in connection with the award of any resultant contract. 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.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American--Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate.

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