Conformed N0018924QZ044U0001.pdf

SEE ADDENDUM

(No Collect Calls)

N0018924QZ044 04-Jan-2024

b. TELEPHONE NUMBER

757-443-1960

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 31 Jan 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 X 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

CHARLES C CHRISTIE

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

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

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

N1OPNAV20240009

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 BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NAVSUP FLC NORFOLK CONTRACTING

NORFOLK OFFICE

ATTN: C. CHRISTIE

1968 GILBERT STREET, SUITE 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 N62980 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVY PERSONNEL COMMAND

ROY LEE

5720 INTEGRITY DRIVE

MILLINGTON TN 38055

TEL: 757-433-2009 FAX:

757-443-1424FAX:

TEL: 757-443-1960 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$16,500,000

NAICS:

561990

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.

X

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 OF61

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.

N0018924QZ044

Section SF 30 - BLOCK 14 CONTINUATION PAGE

ANSWERS TO QUESTIONS ASKED

Question 1: What are your subcontracting limitations? Are there any?

Answer 1: All subcontracting limitations to this solicitation/contact are outlined in

FAR 52.219-14 “LIMITATIONS ON SUBCONTRACTING (DEVIATION 2021-

O0008) (FEB 2023)” which is included in this solicitation by full text.

Question 2: Do you have to do a 50/50 split when using them? (Them referring to subcontractors).

Answer 2: Potential quoters with a similar question should review FAR 52.219-14

“LIMITATIONS ON SUBCONTRACTING (DEVIATION 2021-O0008) (FEB

2023)”.

Question 3: Do you allow us to do direct cost?

Answer 3: This solicitation is for a firm fixed price contract. The fixed price includes all costs including all direct costs and any indirect costs, no other costs will be paid by the government. The successful quoter will be paid a monthly fixed price for the services contracted.

Question 4: Is this a GSA Contract only?

Answer 4: No. This action is being processed in accordance with FAR subpart 13.5

Question 5: What EXACTLY is being destroyed/shredded?

Answer 5: Potential quoters are advised to review the Performance Work Statement (PWS), included in the Solicitation document. The “what” being shredded is clearly identified in the PWS.

Question 6: What requirements EXACTLY are needed for the people who show up onsite to do the work at each location?

Answer 6: We read this question as seeking clarity on what security requirements are needed to access the Government installations, not what physical requirements individuals must be capable of performing to complete the service. Potential quoters are advised to review the Performance Work Statement (PWS), particularly 5.

Security Requirements, included in the Solicitation document. The PWS clearly informs potential quoters of the necessary documentation to earn an access pass from the TSC/RSC Security Manager.

Question 7: How you would like your proposal to be submitted?

Answer 7: Potential quoters are reminded this solicitation is for quotes, we are not soliciting any proposals. The only acceptable outcome the Requiring Activity is interested in is service in accordance with the PWS and the timely and accurate of all locations as required by the Attachment A (included with the SAM.gov solicitation).

The method of submission for all quoters can be found in “ADDENDUM to 52.212- 1.” It is paramount that interested quoters read, carefully and completely, the entire ADDENDUM to 52.212-1 as failure to follow all instructions could lead to an incomplete submission package, which may render the quoter ineligible for award consideration.

Section SF 1449 - CONTINUATION SHEET

NOTES

1. This requirement is 100% set-aside for Women-owned Small Businesses (WOSB) under the NAICS Code 561990 with a size standard of 16.5 million dollars.

2. The solicitation will close at 4:00 PM (EST) on 31 January 2024.

3. The resultant order will be Firm Fixed Price (FFP) and will be awarded on a best value trade-off process where non-price is more important than price.

4. Any reference to “offer” has the same meaning as “quote” and “offeror” the same meaning as “quoter”.

FAR part 15 does not apply to this solicitation. This procurement is being conducted in accordance with FAR part 12 and subpart 13.5.

PERFORMANCE WORK STATEMENT

Shredding Services Transaction Support Center/Regional Support Center

Performance Work Statement 21 December 2023

This contract shall provide shredding equipment and support services to include on-site secure containment and removal of all shredded materials. All services shall be requested during normal operation hours (7:30 A.M. to 4:00 P.M. Monday through Friday, excluding Federal holidays).

1. General

1.1. This Performance Work Statement covers the requirement for shredding support services in support of personal and private information protected under the Privacy Act of 1974. Shredding services are related to the delivery and installation of free standing secure bins, on-site material shredding services, and the disposal of all shredded material at various TSC/RSC site CONUS and OCONUS

1.2. The equipment and services provided include, 80 bins with security key locks (approximately 95 gallon) installed at various building location on sites listed in the PWS. Attachment A will provide locations and addresses of all pertinent sites. All paper shall be cross cut shredded on site prior to being transported for off base disposal.

1.3. The Contractor shall provide all essential management, personnel, equipment, tools, material, transportation, supervision, labor, and services necessary to deliver, install, and relocation of shredding equipment to other building is required. The Contractor shall provide 2 sets of keys for each bin for the Government Shredder Coordinator (GSC) and an alternate representative (as needed).

1.4. The period of performance will consist of a base period with an anticipated start date of 1 May 2024 through 30 April 2025 and four additional one-year option periods, with an optional 6-month extension period.

The period of performance is as follows:

0001 Base Period: May 1, 2024 April 30, 2025 1001 Option Year 1: May 1, 2025 April 30, 2026 2001 Option Year 2: May 1, 2026 April 30, 2027 3001 Option Year 3: May 1, 2027 April 30, 2028 4001 Option Year 4: May 1, 2028 April 30, 2029 5001 FAR 52.217-8 May 1, 2029 October 31, 2029

1.5. The cost of providing and servicing shredding equipment bins shall be included as part of cost of this contract for the base period and its continued option year. The buildings that will require shredding services include the following building locations and their corresponding room numbers:

PSD/CSD Building/Room Location, Bin Number, Service Requirements:

See attachment A

2. Scope of Work

2.1 Contractor Point of Contact (POC): The contractor shall provide in writing the name of a primary and alternate English-speaking individual to act as their representative to communicate with the Government on technical matters pertaining to this contract. The contractor shall provide scheduling and be responsible for the coordination of services with Government. A systems technician shall be made available to answer technical questions regarding system operations and requirements.

2.2 The contractor shall comply with federal, state, and local laws and base regulations as applicable to the performance of this contract.

2.3 The normal working hours will be Monday through Friday, between 7:30 A.M. to 4:00 P.M.

2.4 The contractor service support shall include:

2.4.1 Shredding support including providing shredding bins onsite by the start date of this order 1 May 2024. See attachment A for number of services (i.e. emptying bins) per period.

2.4.2 Bin maintenance support for locking mechanism.

3. Contractor Report Requirements

3.1. The contractor shall provide a schedule listing of planned check-in times and locations, in order to insure physical access to the shredder bins and GSC or the designated GSC representative signature of acceptance for all services provided.

3.2. During normal duty hours, contractor personnel shall check in with the designated GSC upon arrival at the Government site and again prior to departure. The contractor shall personally notify GSC of problems that result in the equipment being left disabled upon their departure. After normal duty hours, Contractor shall coordinate the work with the designated GSC.

3.3. The contractor shall provide the GSC with a copy of full service report on the same day that services are performed. The service report shall include: contract number, detailed description of the number of bins shredded, relocated or related service(s) performed, the completion date and time, and the number of hours worked.

3.4. A certificate of destruction is issued that verifies that documents were certified destroyed in compliance with all federal and local laws.

4. Contractor Responsibility

4.1. The contractor shall be responsible for the repair and replacement of damaged Government owned equipment and property due to the negligence of the Contractor or his representatives. All such replacement or repair shall be at the Contractor’s expense and shall be inspected by the appointed representative.

5. Security Requirements

5.1. All Contractor Personnel employed by the Contractor in the performance of this contract, or any representative of the Contractor entering the Government installation, shall abide by all security regulations of the installation.

5.2. Contractor must have the correct credentials IAW the REAL ID - ACT as of July 10, 2017 if the State Driver's License says "Not for Federal Identification" Base Security will not accept the form of identification! https://www.dhs.gov/real-id.

5.3. They must also present vehicles registration and proof of insurance and driver’s license.

5.4. Once established with the TSC/RSC Security Manager the contracted employee may obtain an access pass valid for up-to 12-months.

5.4.1. The access pass will ONLY allow site access for the specific individual to which the pass is issued.

If the 5512/1 (access pass registration) is not submitted in advance - the Pass & ID Office will obtain PII (Personally Identifiable Information) from the individual when they arrive.

*NOTE - Pass & ID does their own backgrounds, which can take an hour, based on office traffic.

POINTS OF CONTACT

Contracting Officer’s Representative Roy Lee

(757) 433-2009 roy.s.lee6.civ@us.navy.mil

Contracting Specialist:

C. Cody Christie III

(804) 480-2272 charles.c.christie5.civ@us.navy.mil

Contracting Officer:

Kevin Clauson kevin.m.clauson.civ@us.navy.mil

ADDENDUM TO 52.212-1

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

The Government intends to award a Firm Fixed Price (FFP) contract as a result of this solicitation in accordance with FAR Part 12 and FAR subpart 13.5. Award will be made to the responsible quoter whose quote is most advantageous to the Government under the selection criteria set forth in this solicitation. The Government intends to evaluate quotes and award a contract based on initial offers.

Questions are due no later than 12 January at 4:00 PM Eastern Time.

INSTRUCTIONS FOR SUBMISSIONS OF QUOTES:

1) The quote shall be submitted electronically no later than the due date in the solicitation (4:00pm 31 January

2024) to charles.c.christie5.civ@us.navy.mil

2) The quoter is required to submit a non-price (Volume I) and price submission (Volume II). Each page of the submission should include the following legend: Source Selection Information - See FAR 2.101 and 3.104

3) Failing to submit either a Non-Price and/or a Price submission by the due date in the solicitation may render the quoter ineligible for award consideration. See FAR clause 52.212-1.

I. Quote CONTENT

The quote should contain the following items in addition to other information required by this solicitation. Quoters shall submit its quote in two separate volumes as described in Instructions for Submissions of Quotes. The quoter’s non-price quote will be considered more important than the quoter’s price quote.

Volume I: Non-Price Submission The Non-price factor is listed below:

a) Past Performance

The quoter shall demonstrate relevant past performance or affirmatively state that it possesses no relevant past performance. Relevant past performance is performance under contracts or efforts within the past five years that is the same as, or similar to, the scope and magnitude of the work described in this solicitation.

To demonstrate its past performance, the quoter shall identify up to two (2) of its most relevant contracts or efforts within the past five (5) years, and provide any other information the quoter considers relevant to the requirements of the solicitation. Quoters should provide a detailed explanation demonstrating the relevance of the contracts or efforts to the requirements of the solicitation. If subcontractor past performance is provided as part of the two (2) of its most relevant contracts or efforts, the subcontractor past performance will be given weight relative to the scope and magnitude of the aspects of the work under the solicitation that the subcontractor is proposed to perform. If past performance references are provided for a subcontractor, the quoter’s proposal should detail clearly the aspects of the work in the solicitation that the subcontractor is proposed to perform. It is the contractor’s responsibility to adequately explain the relevance of a reference provided for a subcontractor’s past performance to the effort that the subcontractor is proposed to perform under the solicitation.

The quoter shall complete a “Past Performance Information Form” for each reference submitted. The form is an attachment to the solicitation. The forms apply to the Volume I and page limits described below. For additional information regarding a particular reference beyond that which will fit on the form, the quoter may continue onto additional sheets of paper. Such continuation sheet(s) for submitted references will count toward the Volume I page limit.

The Non-Price Volume I must be submitted in MS Word or PDF format. The Non-Price factor submission is page limited and has other restrictions which must be followed. All restrictions on Volume I submissions can be found in

II. REQUIREMENTS FOR OFFER CONTENT.

Volume II: Price factor The Price factor in Volume II shall include the solicitation pricing pages (see CLINs 0001 through 5001) completed by the quoter. The quoters shall include prices for each of the CLINs on the solicitation pricing pages and shall provide a total firm-fixed-price consisting of the total of all CLINS. The total offered price shall represent the quoters’s firm-fixed-price for performance of all of the solicitation’s requirements.

For preparing price information, the Offeror shall assume that the basic period of performance shall be as specified elsewhere in this solicitation. A firm-fixed-price is not subject to any adjustment on the basis of the contractor’s cost experience in performing the task order.

The Price Volume II submission must be submitted in MS Excel. Supporting documents can be submitted using MS word or PDF. The Price submission is not page limited, but is strictly limited to the information detailed in Volume II: Price factor. All restrictions on Volume II submissions can be found in II. REQUIREMENTS FOR QUOTE

CONTENT.

II. REQUIREMENTS FOR QUOTE CONTENT

1) CLASSIFIED information shall not be submitted.

2) Requirements for Style:

Each submission shall clearly and concisely sets forth the contractor’s response to the requirements of the solicitation. Unnecessary elaboration or other presentations beyond what is sufficient to present a complete and effective offer are not desired and may be construed as an indication of the Offeror’s lack of cost consciousness.

Elaborate artwork, expensive paper or bindings, and expensive visual or other presentation aids are neither necessary nor desired. The offer shall contain all the pertinent information in sufficient detail in the one area of the offer where it contributes most critically to the discussion. When necessary, the Offeror shall refer to the initial discussion and identify its location within its offer.

3) Page Limitations:

Volume I, Non-Price factor, is limited to a maximum of 4 pages in length under the attached Past Performance Information forms. DEVIATIONS FROM THE FORMAT WILL NOT BE ACCEPTED. The sheets shall be completed with a point size of 10 or greater. Pages submitted in excess of the page limitations described above will not be evaluated.

Volume II, “Price factor,” is not page limited. However, all font, style, and rules on cover sheets and table of contents are to be considered enforced in Volume II as well.

(End of provision)

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months NPC Shredding Services

FFP

Base Year May 1, 2024 - April 30, 2025 See Attachment A for Frequency of Service FOB: Destination

MILSTRIP: N1OPNAV20240009

PURCHASE REQUEST NUMBER: N1OPNAV20240009

PSC CD: R614

NET AMT

1001 12 Months OPTION NPC Shredding Services OY1

FFP

Option 1 May 1, 2025 - April 30, 2026 See Attachment A for Frequency of Service FOB: Destination

2001 12 Months OPTION NPC Shredding Services OY2

FFP

Option 2 May 1, 2026 - April 30, 2027 See Attachment A for Frequency of Service

3001 12 Months OPTION NPC Shredding Services OY3

FFP

Option 3 May 1, 2027 - April 30, 2028 See Attachment A for Frequency of Service

4001 12 Months OPTION NPC Shredding Services OY4

FFP

Option 4 May 1, 2028 - April 30, 2029 See Attachment A for Frequency of Service

5001 12 Months OPTION NPC Shredding Services 6-Months

FFP

Option to Extend Services - 52.217-8 May 1, 2029 - October 31, 2029 See Attachment A for Frequency of Service

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 1001 Destination Government Destination Government 2001 Destination Government Destination Government 3001 Destination Government Destination Government 4001 Destination Government Destination Government 5001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-MAY-2024 TO

30-APR-2025

N/A NAVY PERSONNEL COMMAND

ROY LEE

5720 INTEGRITY DRIVE

MILLINGTON TN 38055

757-433-2009

N62980

1001 POP 01-MAY-2025 TO

30-APR-2026

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 01-MAY-2026 TO

30-APR-2027

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 01-MAY-2027 TO

30-APR-2028

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 01-MAY-2028 TO

30-APR-2029

N/A (SAME AS PREVIOUS LOCATION)

5001 POP 01-MAY-2029 TO

31-OCT-2029

N/A (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 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 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

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 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

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

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

SEP 2014

252.225-7048 Export-Controlled Items JUN 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime

JAN 2023

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation

JUN 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

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

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

Personnel

JAN 2023

252.243-7002 Requests for Equitable Adjustment DEC 2022 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

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

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.

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 quoter 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:

Past Performance Cost/Price

The non-price, consisting of Past Performance, is more important than price. Past Performance evaluated as “limited confidence” or “no confidence” will be ineligible for award consideration.

In considering the relevance of a quoter’s past performance, the past performance references provided by the quoter will be evaluated individually and in the aggregate. If subcontractor past performance is provided as part of the two of its most relevant contracts or efforts, the subcontractor past performance will be given weight proportional to the scope, magnitude and complexity of the aspects of the work under the solicitation for which the subcontractor is proposed. The Government reserves the right to obtain information for use in the evaluation of past performance from any and all sources including sources outside of the Government. When a quoter is determined to have relevant past performance, the quality of its relevant past performance will be evaluated. Quoters lacking relevant past performance history will not be evaluated favorably or unfavorably under the Past Performance factor. However, the quote of a quoter with no relevant past performance history, while not rated favorably or unfavorably for past performance, may not represent the most advantageous quote to the Government and, thus, may be an unsuccessful quote when compared to the quotes of other quoters. The evaluation of Past Performance is separate and distinct from the Contracting Officer’s responsibility determination. The assessment of the quoter’s past performance will be used as a means of evaluating how capable the quoter is of successfully accomplishing the requirements of the solicitation. In determining the rating for the Past Performance evaluation factor, the Government will give greater weight to the contracts or efforts which are determined to have greater relevance to the solicitation. A quoter whose past performance demonstrates either a low expectation or no expectation that the offeror will be able to successfully perform the required effort will be considered ineligible for award.

The Government reserves the right to award the contract to other than the quoter with the lowest evaluated price.

The evaluated price will be the offeror’s total proposed price. The total proposed price is determined by adding together the proposed prices for all CLINs for the base period and all option periods.

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

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

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.

"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 by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1001", 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 the threshold at 13 CFR 124.104(c)(2) 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 its stock 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 the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

"Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one…