2.05a - N0018924Q0115-P0001 Conform Copy.pdf

SEE ADDENDUM

(No Collect Calls)

N0018924Q0115 22-Feb-2024

b. TELEPHONE NUMBER

757-443-1732

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 08 Mar 2024

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.

N001899. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

ETHAN T OTHERSEN

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

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

N36001224RCXXXX

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 ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVSUP FLC NORFOLK CONTRACTING

NORFOLK OFFICE

ATTN: E OTHERSEN

1968 GILBERT STREET STE 600

NORFOLK VA 23511-3392

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 N3029A 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

COMMANDER (N36001) NAVIFOR

MICHAEL HALL

112 LAKEVIEW PKWY

SUFFOLK VA 23435

TEL: 757-203-1008 FAX:

FAX:

TEL: 757-443-1732

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

335910

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 OF73

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.

N0018924Q0115

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

Performance Work Statement (PWS)

Building 112 UPS Replacement

Navy Cyber Defense Operations Command

1 Introduction and Overview

The Contractor shall provide building-wide Uninterruptable Power Supply (UPS) at Navy Cyber Defense

Command (NCDOC) in accordance with this PWS.

1.1 Background

• Industry standard lifespan of large institutional UPS is 9 to 13 years.

• Current EATON building-wide UPS (installed in 2005) is now entering its 18th year of service and has passed serviceable End-of-Life (EOL).

• Multiple components (front panel controls and cooling fans) are failing, with direct replacement parts no longer available.

• Immediate replacement of existing 400 KVA EATON UPS is required to prevent a fire onsite, as well as maintain critical communication circuit backup.

• Preventative maintenance under the manufacturer’s recommendations is required to ensure equipment is fully operational for up to two (2) years after installation.

1.2 Scope of Work – Installation

• Diagrams of rooms where work will take place, as well as their dimensions, are detailed below in

Diagram A.

Diagram A

Diagram A – Further Delineation o All rooms are accessible through double doors that are 10’ wide.

o Room A is accessible by a loading dock and down a hallway that is 10’ wide.

o Room B is a stand-alone room with access from outside doors.

Diagram A – Task List o Room 1A – Remove all UPS Batteries.

o Room 2A – Remove all batteries and cabinets inside.

o Room 3A – Install new UPS and batteries with new ducting.

o Room B – Install new UPS and batteries.

• Provide EATON (Brand Name) replacement UPS and associated batteries as specified in Table A below, capable of providing protection from power spikes, surges, and dips that occur from dirty commercial power. Replacement EATON UPS shall provide a minimum of 90-minute runtime capacity at current

BDLG 112 loads (-400kVA from critical outlet power) to allow for generator override or orderly shutdown of critical loads if generator fails to go online. UPS shall provide 480 VAC - 3 Phase to the main panel.

• Provide EATON Automatic Bus Transfer (ABT) Switch, based upon current battery technology as specified in Table A below.

• Fabricate and install new HVAC ducting in area of new UPS/ABT

• Coordinate and align delivery of UPS and associated batteries. Specifically, batteries supplied with new

EATON UPS have a serviceable shelf life of 120 days and must achieve an installation status that allows for charging by new UPS within the foretasted 120 day window.

***Rational for coordination: imperative to maintain serviceable shelf life of new batteries.

• Coordinate closely with NCDOC to ensure that the entire duration of UPS non-protection/non-availability shall not exceed 120 hours.

• Remove existing UPS and associated ABT.

• Install, configure, and integrate EATON replacement UPS and associated ABT, in so connecting it electrically into existing BDLG 112 existing Switchboard and Emergency Power distribution systems.

Installation shall include all new cable plant and conduits where applicable, (installing to National

Electric Code and NFPA 70 Standards), to main switch panel; main switch panel to UPS; and main switch panel to ABT switch.

• Lite off and test new UPS and associated ABT, via initiating loss of active Dominion Power

(Shore/Primary Power). Resultant, vendor shall ensure that electrical load shifts to newly installed

EATON UPS via activation of ABT immediately upon loss of Shore/Primary Power. Electrical load shall be maintained on UPS until such time as existing Emergency Generators come online and fully assume electrical load. The aforementioned test shall be conducted successfully on three (3) separate occasions before Government signoff of installation occurs. During all three (3) occasions ABT shall switch load back to normal commercial power source, once switch over tests have been completed.

• Provide basic operation, maintenance and troubleshooting documentation on all new EATON components.

• Provide detailed AS-Built drawings of new UPS and associated ABT installation. Drawings shall include complete plant connectivity originating at outside transformer.

Table A

Manufacturer Part # Description QTY

EATON 9P640D0009A00R2 EATON 93PM 400KVA UPS 480V 2

EATON TP4021621100510

NON-MATCHING TIE BYPASS PANEL CPNT N+1

REDUNDANCY CONFIG W MBP BREAKER

EATON BS14866R00603400

93PM LITHIUM-ION BATT CABINET PERP 6/6

CABINETS/STRINGS

EATON P-103004440

93PM 480V PREDICTPULSE WIRELESS KIT

(BUNDLED)

EATON S600X3JC32311 LITHIUM JUNCTION CABINET PERP 2

EATON LCM-480 ASSY, 400-480V BATT COMMUNICATOR 2

EATON SQ4326730923A warranty 1

EATON 9PG10N0009E20R2

9PG10N0009E20R2 93PM UPS PERP 480V IN

208/120V OUT 3 WIRE IN 4 W

EATON 9PZE1S000000001

93PM IAC-D DISTRIBUTION WITH

TRANSFORMER

EATON BS14866R00202100

93PM LITHIUM-ION, BATTERY CABINET 26.9

MINUTES OF RUNTIME, 1/1 STRINGS/CABINETS

EATON P-103004440

93PM 480V PREDICTPULSE WIRELESS KIT

(BUNDLED)

EATON SQ4326730923A warranty 1

1.4 Scope of Work – Preventative Maintenance

• Perform bi-annual inspections of each UPS and Battery Cabinet to accomplish the manufacturer’s recommended preventative maintenance.

• Each inspection shall include the following:

a. Visual Inspection

1) Inspect all printed circuit board connections for cleanliness, swab contacts if necessary

2) Inspect all power connections for signs of overheating.

3) Inspect all subassemblies, bridges, and legs for signs of component defects or stress

4) Inspect all DC capacitors for signs of leakage

5) Inspect all AC capacitors for signs of leakage

6) Inspect and inventory all customer-owned spare parts

7) Inspect for, and perform as required, any open engineering changes

8) If work is completed under a PowerTrust™ Ultra contract, inspect battery monitoring system

b. Internal Operating Parameters

1) DC Ground Detection Offset (if applicable)

2) Inverter leg current average balance (if applicable)

3) Output filter current average phase balance

4) Rectifier bridge current average leg balance

5) AC Protection settings are checked

6) DC Protection settings are checked

7) Input and Output Frequency and Voltage Bandwidth settings are checked

8) Verify DC filter capacitance

9) Verify AC tank and trap filter capacitance

10) Power Supply voltages and waveforms

c. External Operating Parameters

1) System Input Voltages (all phases)

2) System Input Currents (all phases)

3) DC Charging Voltages (float and equalize), record settings, adjust to nominal

4) Rectifier phase on and walk up

5) Inverter phase on and walk up

6) Adjust all panel meters to measured values

7) System Bypass Voltages (all phases)

8) Manual and UV Transfer Testing, verify uninterrupted transfer waveform (if applicable)

9) Outage simulation, and battery capability testing, and verify charger current limit

10) Generator operation and interface verification (if applicable)

d. Environmental Parameters

1) UPS area ambient temperature and condition of ventilating equipment

2) General Cleanliness of UPS Power Module

3) General Cleanliness of UPS area

4) Replace all air filters

5) Clean control panel/CRT screen

e. Battery Cabinet Checks

1) General appearance of Battery System (all types)

2) General cleanliness of Battery System area (all types)

3) Inspect cells for physical abnormalities

4) Inspect all DC connections for abnormalities

5) Battery System area ambient temperature and condition of ventilating equipment

6) Overall battery float voltage (internal batteries only)

7) Charger output current and voltage

8) Negative terminal temperature of one cell/battery per battery cabinet shelf or rack tier

9) Momentary load testing of cells < 100 watts (e.g. 9E, 9x55, not 9330)

f. Monitoring System Parameters

1) Alarm archive review and printing

2) Alarm lamp test – local and remote (if applicable)

3) Replace all open monitor bulbs

4) If work is completed under a PowerTrust Ultra contract, inspect battery monitoring system

5) Review Battery Test in history (if applicable)

• Preventative maintenance will be performed in accordance with the Period of Performance listed in

Table B below. EXACT START AND END DATES TO BE DETERMINED AT TIME OF

AWARD.

Table B

Period of Performance

Base Install to 12 months

Option I 12 months

Option II 12 months

• Emergency response time for trouble calls shall be no greater than 4 hours and will be available

24x7x365.

1.3 Scope of Work – Further Delineation

• Coordinate with NCDOC regarding scheduling of onsite meeting(s) to discuss what was delivered as part of EATON specific procurement actions.

• Coordinate with NCDOC regarding scheduling of bi-annual inspections.

• Coordinate with NCDOC regarding delivery of UPS batteries in accordance with maintaining battery shelf-life specifications.

***Purpose of this task is to ensure batteries are not ordered prematurely and arrive dead-on-arrival.

• Deinstall existing electrical infrastructure (electrical cabling, UPS, Batteries, ABT, etc.) as required.

Abandon removed electrical cabling, UPS, Batteries and ABT on site, for proper Navy disposal per hazardous material guidelines.

***Purpose of this task is to ensure that Department of the Navy NAVOSH Safety procedures are maintained for disposal of hazardous material(s).

• Install new electrical cabling, UPS, batteries and ABT in accordance with recommended procedures.

***Purpose of this task is to ensure that EATON warranties remain intact.

• Deinstallation and Installation window shall not exceed 5 days

***NCDOC will provide escort services that allow 24-hour access for completion of installation, for the entire duration of event

• Coordinate with EATON corporation to answer any questions that arise during installation, including onsite support if required.

***Purpose of this task is to ensure EATON warranties are not negated via improper installation.

2 General Information

2.1 Coordination

• Provide schedule of materials ordering, and shipping & receiving dates with NCDOC; NCDOC will determine final installation date.

***NCDOC POC: TO BE FILLED AT TIME OF AWARD

2.2 Security Requirement

• Contractor will be required to submit all applicable documentation for DoD Suffolk Compound access two (2) full weeks in advance prior to work start date.

***NCDOC POC: TO BE FILLED AT TIME OF AWARD

2.3 Hours of Operation

• BDLG 112 installation location will be available, with complete escort services available, 24 hours per day for entire duration of deinstall/install.

2.4 Contractor Incurred Expenses

• All expenses incurred by Contractor and employees while executing this UPS retrofit shall be the responsibility of vendor. All compensation for these expenses shall be the responsibility of the contractor(s), and thus considered as included in pricing quotes.

2.5 Safety and Special Instructions

• Use appropriate personal protective equipment (PPE) when performing work

• Check all work areas, tools, and equipment to ensure unsafe conditions are eliminated or guarded against.

• Follow site safety procedures including Tagout/Lockout procedures.

• Lockout and disconnect the main power before tightening the main supply lugs in order to avoid the hazard of electrical shock, which could result in serious personal injury or death.

• Review and follow EATON manufacturer’s instructions.

• Remove lockout/tag out in accordance with appropriate procedures.

• Report all incidents and near miss incidents to the technical POC (TPOC) and assist as requested in the investigation and corrective action.

3 Trade and Service Specifications

3.1 Specifications

• Equipment shall be newly manufactured, not used, refurbished, or previously used for demonstration.

• Provide a minimum of a one-year manufacturing warranty (priced separately) for all manufactured equipment and parts.

• The warranty shall include at a minimum: coverage on all non-consumable items and parts supplied including base instrument, factory-certified replacement parts, engineer labor and travel costs.

• Any equipment repair and maintenance work shall be performed by an original equipment manufacturer

(OEM) trained engineer. The service engineer shall not use salvaged parts from other instruments for performing maintenance and repairs. All parts used in repairs must be guaranteed, factory-tested, OEM quality parts.

3.2 Repair Service and Documentation

• Contractor shall repair or replace any part or parts under the warranty that prove to be defective at no additional charge to the Government.

• For repairs that fall under the warranty, the Contractor shall plan for the fastest delivery for parts and will schedule service upon receipt of parts within 72 business hours (3 days) upon TPOC approval.

• All replacement parts shall be from the original manufacturer and will be installed to the original manufacturers’ specifications.

• At the completion of any warranty service, the contractor shall provide a written service report to the TPOC and/or TPOC designee. This report shall clearly indicate the date of the service, the type of service performed the model and serial number(s) of the equipment serviced, the name of the field service technician and a brief description of the service performed.

4 Inspection and Acceptance

4.1 I&A

• TPOC and/or TPOC designee will perform inspection and acceptance of equipment.

and services to be provided. The TPOC and/or TPOC designee – to be determined upon contract award.

• A final inspection and acceptance of all work performed, reports and other deliverables will be performed by the TPOC and/or TPOC designee to ensure the services/products provided meet the requirements of the Performance Work Statement (PWS), and the Contractor shall make changes as requested during the inspection and acceptance process.

• Inspection and acceptance will occur at the place of performance and take place within five (5) business days of task being completed. The Government will provide written notification of acceptance or rejection within five (5) business days. Inspection will include review of the deliverables to ensure adequacy.

• The Government will accept goods, reports, and services only if they conform to all terms and conditions of the PWS, and satisfy the performance standards developed under this PWS.

• The Government will reject non-conforming products and services. The Contractor shall correct any deficiencies within seven (7) business days of when the Government issues the rejection notice. If the

Contractor cannot correct the deficiencies within this period, the Contractor shall immediately notify the

TPOC of the reason for the delay and provide a proposed corrective action plan within five (5) business days.

5 Place of Performance

Navy Cyber Defense Operations Command

112 Lakeview Parkway, Suffolk, VA., 23435

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Uninterruptable Power Supply

FFP

Please see Table A in the above Performance Work Statement for the full list of parts. PARTS SHALL BE OF EATON-BRAND - ALTERNATIVES WILL NOT

BE ACCEPTED.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and

Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

PURCHASE REQUEST NUMBER: N36001224RCXXXX

PSC CD: 6140

NET AMT

0002 1 Job UPS Installation & Labor

FFP

Period of Performance: Install to 1 Month

SERVICE SHALL BE PROVIDED BY CERTIFIED EATON TECHNICIANS.

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

0004 1 Job UPS Preventative Maintenance BASE

FFP

Period of Performance: Install to 12 Months

SERVICE SHALL BE PROVIDED BY CERTIFIED EATON TECHNICIANS.

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

1001 1 Job OPTION UPS Preventative Maintenance OPTION I

FFP

Period of Performance: 12 Months

SERVICE SHALL BE PROVIDED BY CERTIFIED EATON TECHNICIANS.

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

2001 1 Job OPTION UPS Preventative Maintenance OPTION II

FFP

Period of Performance: 12 Months

SERVICE SHALL BE PROVIDED BY CERTIFIED EATON TECHNICIANS.

FOB: Destination

BRAND NAME/SOLE SOURCE: BN

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

0004 Destination Government Destination Government

1001 Destination Government Destination Government

2001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 90 dys. ADC 1 COMMANDER (N36001) NAVIFOR

MICHAEL HALL

112 LAKEVIEW PKWY

SUFFOLK VA 23435

757-203-1008

FOB: Destination

N3029A

0002 90 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

0004 90 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

1001 455 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

2001 820 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018

52.204-16 Commercial and Government Entity Code Reporting AUG 2020

52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

52.204-22 Alternative Line Item Proposal JAN 2017

52.204-29 Federal Acquisition Supply Chain Security Act Orders--

Representation and Disclosures.

DEC 2023

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

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

Commercial Services

NOV 2023

52.217-5 Evaluation Of Options JUL 1990

52.219-1 Alt I Small Business Program Representations (SEP 2023)

Alternate I

SEP 2015

52.222-41 Service Contract Labor Standards AUG 2018

52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.237-1 Site Visit APR 1984

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

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 DEC 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2023

252.204-7022 Expediting Contract Closeout MAY 2021

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023

252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

MAY 2019

252.215-7007 Notice of Intent to Resolicit JUN 2012

252.215-7008 Only One Offer DEC 2022

252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019

252.223-7001 Hazard Warning Labels DEC 1991

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023

252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023

252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022

252.225-7048 Export-Controlled Items JUN 2013

252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime

JAN 2023

252.225-7060 Prohibition on Certain Procurements from the Xinjiang

Uyghur Autonomous Region

JUN 2023

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned

Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic

Enterprises, and Native Hawaiian Small Business Concerns

JAN 2023

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7002 Requests for Equitable Adjustment DEC 2022

252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--

Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph

(d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause

52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The

Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

It [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment--

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian

Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a

Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than

$10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the

Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

52.212.-1 ADDENDUM

https://www.sam.gov/

In addition to FAR 52.212-1, “Instructions to Offerors – Commercial Products and Commercial Services” and any other instructions contained elsewhere in this solicitation, the following instructions are provided.

INSTRUCTIONS FOR SUBMISSION OF QUOTES:

1. Quote shall be submitted to Ethan Othersen at <ethan.t.othersen.civ@us.navy.mil>, or alternatively to

Elizabeth Phelps at <elizabeth.a.phelps14.civ@us.navy.mil>, no later than the due date of the solicitation.

The Vendor shall comply with the detailed instructions for the format and content of the quote contained herein; a quote that does not comply may be considered unacceptable and may render the quote ineligible for award.

2. All electronic files and versions of vendors’ quotes shall be compatible with the current release of

Microsoft Office Suite version 2010 (Excel). The vendor shall be responsible for ensuring that their electronic quotes are virus free.

3. The Vendor shall insert the CLIN amounts in the solicitation.

REQUIREMENTS FOR QUOTE CONTENT:

The quote should contain the following items in addition to other information required by this solicitation:

- Current Authorized Reseller Certification for all quoted brand-name items

- Current Authorized Technician Certification for all quoted brand-name services

The cover page should indicate the following:

- Request for Quote Number

- Name and Address of Vendor, Cage Code, SAM Unique Entity ID, and applicable TAX I.D Number (TIN)

- Point of Contact name, telephone number, and email address

- Quote validity of 120 days following the solicitation closing date

The Government intends to award a Firm, Fixed-Price (FFP) purchase order as a result of this solicitation in accordance with FAR Subpart 13.5. Award will be made to that vendor whose quote represents the best value to the

Government under the selection criteria set forth in this solicitation. The Government intends to evaluate quotes and award a purchase order based on initial quotes. However, the Government may contact any or all vendors with questions concerning their responses as permitted under FAR Part 13.5. The Government reserves the right to award an FFP purchase order to other than the lowest priced vendor should it be in the best interest of the Government.

Therefore, the vendor's initial quote should contain the vendor's best terms from a Technical and Price standpoint.

Vendors are hereby instructed that, regardless of any language that may be used in this solicitation, the Government is NOT conducting this procurement under FAR Part 15. This procurement is being conducted under FAR Subpart

13.5.

QUESTIONS: Vendors may submit questions regarding clarification of solicitation requirements via email to Ethan

Othersen at <ethan.t.othersen.civ@us.navy.mil> and Elizabeth Phelps at <elizabeth.a.phelps14.civ@us.navy.mil>. It is requested that all questions be received by 06 MARCH 2024 by 1300 Eastern Time, as time may not permit responses to questions received after that date to be prepared and issued prior to the receipt of quotations.

Factor I – Technical

Vendor shall provide a technical submission that demonstrates the quoted supplies meet the minimum specifications detailed in the attached list of specifications. Brand name only items are required. Vendor shall provide delivery lead times.

In order to minimize the risk of the government purchasing counterfeit products or unauthorized secondary market equipment, which would not be supported by the Original Equipment Manufacturer (OEM), and to ensure that the

Government purchases only equipment that is genuine (i.e., not counterfeit or gray market), authorized (e.g., including appropriate licenses), and supported (e.g., warranty and support services) by the OEM, Vendor shall certify that it is a Manufacturer Authorized Partner as of the date of the submission of their offer, and that it has the certification/specialization level required by the Manufacturer to support both the product sale and product pricing, in accordance with the applicable Manufacturer certification/specialization requirements. THE VENDOR SHALL mailto:ethan.t.othersen.civ@us.navy.mil mailto:elizabeth.a.phelps14.civ@us.navy.mil mailto:ethan.t.othersen.civ@us.navy.mil mailto:elizabeth.a.phelps14.civ@us.navy.mil

PROVIDE A CURRENT AUTHORIZED RESELLER CERTIFICATION FOR ALL QUOTED BRAND NAME

ITEM(S). THE VENDOR SHALL PROVIDE A CURRENT AUTHORIZED TECHNICIAN CERTIFICATION

FOR ALL QUOTED BRAND NAME SERVICE(S). Please refer to the enclosed Brand Name Justification for additional details.

Unless otherwise specified, Vendor shall warrant that the products are new, in their original box. By submitting a response to a Request for Quote (RFQ), the Vendor confirms to have sourced all Manufacturer products submitted in this offer from Manufacturer or through Manufacturer Authorized Partners only, in accordance with

Manufacturer's applicable policies in effect at the time of purchase.

VENDOR SHALL PROVIDE THE COUNTRY OF ORIGIN FOR ALL QUOTED ITEMS.

Factor II – Price

The Price Quote shall include the completed solicitation documents. The price quote shall include all elements of price and such other information considered appropriate to support the Vendor’s price. The pricing information shall be completed IAW the following:

- Completed price list that provides individual pricing for each CLIN as detailed in the solicitation.

- All supplemental information to support the quoted price.

- A completed and signed page 1 of the solicitation and a completed and signed page 1 of any amendments

- Unless completed in SAM, RFP Representations, Certifications and Other Statements of Vendors completed by the Vendor.

All price information shall be contained in the price quote. No price information shall be included in any other volume including cover letters. The vendor is responsible for submitting sufficient information to enable the

Government to fully evaluate its’ price quote. The completion and submission of the above items will constitute a quote and will indicate the vendor’s unconditional assent to the terms and conditions of this RFQ and any attachments hereto.

Subcontracting Plan (Other than Small Businesses)

Large business vendors SHALL also submit a Subcontracting Plan in accordance with FAR 19.704, Subcontracting

Plan Requirements. Vendors are permitted to submit a master subcontracting plan so long as it is created in accordance with FAR 19.701 and FAR 19.704(b).

It is the goal of this solicitation that prime contractors subcontract with small businesses to the maximum extent practicable. For other-than-small (large) prime contractors, the Small Business Subcontracting Plan goals shall be expressed in terms of whole dollars and percentages based on total planned subcontracting dollars. Of the total planned subcontracting dollars, the Small Business Subcontracting Plan shall include goals for Small Businesses, Small Disadvantaged Businesses, Woman-Owned Small Businesses, HubZone Small Businesses, Veteran Owned

Small Businesses and Service-Disabled Veteran-Owned Small Business. The Government will consider prior achievement of small business subcontracting plan goals as well as the proposed dollar values and percentages related to this solicitation.

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

(a) The Government will award a contract resulting from this solicitation to the responsible vendor whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

The Government will only award to Vendors who provide a current authorized reseller certification, as well as a current authorized technician certification, for all quoted brand name items and services. Quotes from unauthorized resellers or service providers will NOT be considered.

The Government will award on the basis of price, after verification of the authorized reseller and technician certifications, unless the contracting officer is aware of past performance information related to the low price quote which indicates that quote may not represent the best value. In that case, the Government reserves the right to consider the past performance of the other quotes, conduct a price, past performance tradeoff, and award to other than the lowest price quote.

The contracting officer will negotiate an acceptable small business subcontracting plan with the apparent successful large business vendor in accordance with FAR 19.702(a)(1), if applicable. Failure to negotiate an acceptable subcontracting plan will make the vendor ineligible for the award.

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

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2023) ALTERNATE I (OCT 2014)

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

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

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

"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 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.

https://www.sam.gov/

"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.

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

"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…