N0018925QR020 1-29-25.pdf

SEE ADDENDUM

(No Collect Calls)

N0018925QR020 29-Jan-2025

b. TELEPHONE NUMBER

757-755-0555

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 04 Feb 2025

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

DESTINY C. MITCHELL

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

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: D MITCHELL

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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 757-755-0555 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$12,500,000

NAICS:

811310

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF53

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.

N0018925QR020

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Lot Delivery of supplies

FFP

Brand name commercial items intended for resale as required by NEXCOM Ships Store Program in accordance with Performance Work Statement and Pricing Spreadsheet. Ordering Period: 14 February 2025 through 13 February 2030.

FOB: Destination

MILSTRIP: S0000024PR00004

PSC CD: 3550

NET AMT

0002 1 Lot Training Classes

FFP

30 training classes per year FOB: Destination

PSC CD: 3550

0003 20 Each Quarterly Usage Reports

FFP

Quarterly Usage Report required every 3 months of contract performance in accordance with the Specification Sheet. Ordering Period: 14 February 2025 through 13 February 2030.

PSC CD: 8920

ADDENDUM TO FAR 52.212-1

ADDENDUM TO FAR 52.212-1 ENTITLED INSTRUCTIONS TO OFFERORS – COMMERCIAL

PRODUCS AND COMMERCIAL SERVICES”

The Government will award a single award Firm-Fixed-Price (FFP) IDIQ with economic-price adjustment (EPA) provisions as a result of this solicitation and in accordance with the policies and procedures of FAR Part 13.5, Simplified Procedures for Certain Commercial Products and Commercial Services.

Type of contract: SINGLE AWARD FIRM FIXED PRICE IDIQ

QUOTE SUBMITTAL INSTRUCTIONS:

DUE DATE: On or before the closing date and time cited on page 1 in this solicitation.

Date and time shown on page 1 of the solicitation SUBMIT TO: destiny.c.mitchell.civ@us.navy.mil SUBMITTAL FORMAT: Electronically via email

Cover Sheet: The cover should indicate the following:

Request for Quotes (RFQ) Number Name and Address of quoter, Point of Contact Information (Name, Phone Number, Email Address), Cage Code, Unique Entity ID (UEI) and applicable Tax I.D. Number (TIN) Quote validity period for 60 days from solicitation closing

This price submission shall include the following:

(a) A completed and signed page 1 of the most current version of the solicitation

(b) Quote shall contain a price for all items on Attachment 3 Requirements List

(c) Authorized reseller certifications for all brands quoter quotes a price. The quoter shall provide a signed proof/ verification that they have the required certification from the manufacturer to resell the brand name supplies as identified in the Specification Sheet. The proof/verification shall be in the form of any electronic documentation that proves the Vendor’s ability to resell required supplies. The proof/ verification shall also include the following: Company’s Name, manufacturer logo, Name and title of manufacturer signee.

(d) Unless completed in SAM, “Representations, Certifications, and Other Statements of Offerors” completed by the quoter

(e) For FAR provision 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES, completed paragraph (b) of this provision if the Quoter has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Quoter has not completed the annual representation and certifications electronically, the Quoter shall complete only paragraphs (c) through (v) of this provision.

(f) Complete FAR provisions 52.204-24 (if required) and 52.229-11, and DFARS provisions 252.204-7017 (if required)

All price and price supporting information shall be contained in the price submission. Quoter is responsible for submitting sufficient information to enable the Government to fully evaluate its prices. The price submission is not page limited, but is strictly limited to price information.

SPECIFICATION SHEET

SPECIFICATION SHEET

SPECIFICATION SHEET FOR DRINK AND SNACK VENDING MACHINES FOR NAVY EXCHANGE

SERVICE COMMAND (NEXCOM) SHIPS STORE PROGRAM

1.0 DESCRIPTION

The contractor shall provide the requested drink and snack vending machines and vending machine accessories in accordance with the specifications stated herein. Prices for individual machines and accessories shall be as specific for individual zones and estimated quantities as detailed below.

2.0 SPECIFICATIONS

2.1 Drink Vending Machines

2.1.1 The government intends to buy drink vending machines for use on board naval ships. Machines will be in an industrial environment, experiencing potentially rough seas, creating excessive ship rocking. While all machines are bolted to bulkheads, machine cabinets must be strong enough to support the movement described. Machines that are being requested will be supporting naval ships of different sizes. The following machines will be required to support designed entry size differences as noted within each machine specification. In addition, all machines will be equipped with thermal overload surge protectors.

2.1.2 Smaller ships’ drink vending machines shall be the following:

required to fit a 26 inch wide hatch opening;

will be non-bubble fronts, have at least seven selections;

designed for a dollar bill acceptor with high capacity stacker, minimum 5 tube multi priced coin mechanism, capable of accepting dollar bills to include the largest coin capacity coin box.

no more than 72 inches tall and at minimum hold 36 cans per selection.

able to vend the standard 12oz cans and 20oz bottles, and also at a minimum be capable to vend 300, 330, 355 and 443 ML cans of soda, which ships purchase overseas.

2.1.3 Larger ships’ drink vending machines will require larger capacity machines and shall be the following:

required to fit a hatch opening 26 inches wide or greater have at least seven selections designed for a dollar bill acceptor with high capacity stacker minimum 5 tube multi priced coin mechanism, capable of accepting dollar bills to include the largest coin capacity coin box Unit capacities at a minimum would range from 540, 660, 700, and 800 cans.

able to vend the standard 12oz cans and 20oz bottles, and also at a minimum be capable of vending 300, 330, 355, and 443ML cans of soda, which ships purchase overseas.

Larger machines can be of the Bubble front type

2.2 Snack Vending Machines

2.2.1 The government intends to buy a variety of snack vending machines for use on board naval ships.

Machines will be in an industrial environment, experiencing potentially rough seas, creating excessive ship rocking. While all machines are bolted to bulkheads, machine cabinets must be strong enough to support the movement described. Therefore, machines cabinets are to be steel constructed, traditional glass front, adjustable levelers and durable enough to resist and torque type movement due to excessive ship rocking. Machines with Plexiglas face plates without any room for minor torque flexibility may crack while underway.

2.2.2 Smaller ships’ snack vending machines shall be the following:

required to fit a 26 inch wide hatch opening no more than 72 inches tall and hold a capacity range of snacks from 275 to 325 pieces have a programmable scrolling display a swing out service panel 24 or 115 volt changes and bill validators product flexibility multiple pricing capabilities digital credit display self-diagnostics capabilities built-in cash accountability meter

2.2.3 Larger ships’ snack vending machines will require a larger capacity of snacks and shall be the following:

required to fit a hatch opening 26 inches wide or greater snack unit capacity ranging from 450 to 500 snacks have a programmable scrolling display a swing out service panel 24 or 115 volt changes and bill validators product flexibility multiple pricing capabilities digital credit display self-diagnostics capabilities built-in cash accountability meter

2.2.4 Snack Vending Machine Chiller Unit Capabilities

2.2.4.1 Some snack vending machines that meet the specifications defined above, may require the need of a chiller unit (chilled snack machines) capable of maintaining the internal temperature within a range of 55- 65 degrees.

2.2.4.2 Snack Machine, Non-Chilled. Non-Chilled Snack machines are able to vend a wide variety of items such as candy, chips, pastry, and retail items that don’t require refrigeration. Chilled Snack Machines are able to vend a variety of items such as candy, chips, pastry, and retail items that require refrigeration. Chiller units in chilled machines offers the ability to vend chocolates in warm weather and keeps snacks fresh. For both Non-Chilled and Chilled snack machines, dollar bill acceptors may be purchased with new equipment or easily added at any time, provide digital credit display, have self-diagnostics and built-in accountability meters and must be Multiple Drop bus (MDB) platform electronics.

2.2.5 Vending Machines Configurations

2.2.5.1 Large Snack Machine (Non-Chilled) 6 Wide Spiral Configurations. Shelving configuration will be either five snack, one candy (5/1) or four snack, and two candy (4/2) The five snack and one candy configuration will be: Shelf-One – 13 count spirals; Shelf-Two- 11 count spirals; Shelf-Three – 11 count spirals; Shelf-Four – 11 count spirals; Shelf-Five – 6 ea at 15 count or 6 ea at 13 count; Shelf- Six (Pastry) – 3 ea at 11 count or 3 ea at 13 count. The four snack and two candy configuration will be: Shelf-One – 9 count spirals; Shelf-Two – 11 count spirals; Shelf-Three – 11 count spirals;

Shelf-Four – 6 ea at 15 count or 6 ea at 13 count; Shelf-Five (Candy) – 6 ea at 15 count or 6 ea at 13 count; Shelf-Six (Pastry) – 3 ea at 11 count or 3 ea at 13 count. An optional 7 th shelf with 11 count spirals can be used for both these configurations.

2.2.5.2 Large Snack Machine (Chill), Minimum 6 Wide Combo Machine Spiral Configurations. Shelving configuration will be: Shelf-One – 11 count spirals; Shelf-Two – 11 count spirals; Shelf-Three – 13 count spirals; Shelf-Four – 6 at 11 count spirals or 6 at 13 count spirals; Shelf-Five – 6 at 15 count spirals or 6 at 13 count spirals; Shelf-Six – 3 at 11 count spirals or 2 at 9 count spirals.

2.2.5.3 Small to Medium, (Non-Chilled) 4 Wide Snack Machine Spiral Configurations. Shelving configuration will be either five snack, one candy (5/1) or four snack, and two candy (4/2) The five snack and one candy configuration will be: Shelf-One – 13 count spirals; Shelf-Two- 11 count spirals; Shelf-Three – 13 count spirals; Shelf-Four – 11 count spirals; Shelf-Five (Candy) – 4 ea at 15 count or 4 ea at 13 count; Shelf-Six (Pastry) – 2 ea at 13 count or 2 ea at 11 count. The four snack and two candy configuration will be: Shelf-One – 13 count spirals; Shelf-Two – 11 count spirals; Shelf-Three – 13 count spirals; Shelf-Four – 4 ea at 15 count or 4 ea at 13 count; Shelf-Five (Candy) – 4 ea at 15 count or 4 ea at 13 count; Shelf-Six (Pastry) – 2 ea at 13 count or 2 ea at 11 count. An optional 7 th shelf with 11 count spirals can be used for both these configurations.

2.2.5.4 Small to Medium Snack (Chill) 4 Wide Combo Machine Spiral Configurations. Shelving configuration will be: Shelf-One – 11 count spirals; Shelf-Two – 11 count spirals; Shelf-Three – 13 count spirals; Shelf- Four – 4 at 13 count spirals or 4 at 13 count spirals; Shelf-Five – 4 at 15 count spirals or 4 at 13 count spirals; Shelf-Six – 2 at 11 count spirals or 1 at 9 count spirals or 1 at 15 count spirals.

2.2.5.5 The coin mechanism configuration for the vending machines will be 2 tubes-quarters; 2 tube-dimes, and 1 tube-nickels.

2.3 Cashless Capabilities

All snack and can drink machines shall be capable of interfacing with the cashless debit card stored system currently on board navy ships. The Card Accepting Devices or Card Access Devices (CADs) currently used in vending machines to support the Navy Cash system on board Navy ships are the ITC Systems CAD and the Bezel 8 CAD. In addition, snack and can drink machines shall have data exchange (DEX) port capability for on-line monitoring of management information (MIS) and Multiple Drop (MDB) platform electronics.

2.4 Vending Machine Accessories

2.4.1 The government intends to buy a variety of vending machine accessories compatible to the above mentioned can drink and snack vending machines. The vending machines accessories include:

a) Spare Computer Boards for the Drink Vending Machines

b) Spare Computer Boards for the Snack Vending Machines

c) Spare Parts Packages for Can drink and Snack Vending Machines

2.4.2 Spare parts package for Drink Vending Machines which includes at a minimum 1 lock set with 2 keys, 1-

Vend Motor Assembly Complete, 1-Control Board with latest firmware, 1-Coinage Door Latch, 2-

Selection button/Medium, 2- Selection Button/Small, 4-Selector Switch, 4-Sold Out Lamp, 6-Sold Out Switch, 1-Vend Bucket, 1- Refrigeration Unit, 1-Temperature Control, 1-Display Board.

2.4.3 Spare Parts Package for Snack Vending Machines which includes at a minimum 1-lock set with 2 keys, 2-fluorescent lamps, 1-door operate switch, 1-control board with latest firmware, 4-shelf roller, 4-shelf roller screw, 4-vend motor, 1-coin return button, 1-coin chute assembly, 1-coin return assembly, 4-vend motor, 2-drive cam/rear, 2-drive cam/front, 6-spiral lock, 20-product pusher, 1-motor, 2-ejector gum and mint, 1-transformer and 1 circuit breaker.

2.5 Training

The contractor shall provide instructional, operational functionality, and preventive maintenance training via written documentation and by video; the contractor will also provide training through onboard visits upon requests from individual ships, NEXCOM, and when contacted by the Fleet Logistic Center (FLC) Fleet Assistance Team offices. Training for deploying battle groups will be conducted by the contractor in the San Diego and Norfolk areas when requested. It is expected that 30 training classes per year will be required.

2.6 Information on Equipment.

As a result of shipboard can drink and snack vending machines and accessories being in operation around the world, it is frequently difficult for ships to reach the contractor for repair and maintenance assistance. Therefore, the contractor shall provide the following minimum access:

a) Information on all equipment, specifications, brochures, replacement part prices, etc.

available via the worldwide web (web pages).

b) Video links on how to perform minor repairs.

c) Response to email/telephone requests for assistance.

d) Service capability and contractor response time.

e) Information on how to contact vendor from overseas locations.

2.7 Repair / Maintenance Services.

It is desired that the contractor offer repair and maintenance services to major worldwide port areas. However, these services shall be ordered under separate contract vehicles.

2.8 Quarterly Reports

The contractor shall submit to the Contracting Officer a quarterly report indicating all items and quantities purchased against this award. The report may be in contractor format; however, the information below shall be included in each report.

Item No. Zone Quantity Shipped Period From Period To

Total Quantity Purchased

2.9 Place Of Delivery And Destination

The articles to be furnished under this contract, shall be delivered to a zone specified hereunder. The items shall be delivered and all transportation charges will be paid by the Contractor. The contractor shall provide a point of contact (POC) for each zone referenced below. The Contractor shall provide the POC’s name, telephone number, and Email address for each zone.

West Coast Zones and Locations

Zone Locations

A Alameda; Concord; Oakland; San Francisco Bay Area and Richmond, California

B Chino; Long Beach; Port Hueneme, San Diego and Tracy California

C Portland, Oregon; Bremerton, Everett and Seattle Washington

D Pearl Harbor, Hawaii

East Coast Zones and Locations

Zone Locations

E

Bath, Maine; Baltimore, Maryland; Boston, Massachusetts; Earle, New Jersey; Philadelphia, Pennsylvania

F Little Creek; Newport News; Norfolk; Portsmouth and Yorktown, Virginia

G Key West, Jacksonville and Mayport, Florida; Kings Bay, Georgia

H

Mobile, Alabama; Pensacola, Florida; New Orleans, Louisiana; Pascagoula, Mississippi; and Ingleside, Texas

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 14-FEB-2025 TO

13-FEB-2030

N/A N/A

0002 POP 14-FEB-2025 TO

0003 POP 14-FEB-2025 TO

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.204-7 System for Award Management NOV 2024 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 52.204-29 Federal Acquisition Supply Chain Security Act Orders--

Representation and Disclosures.

DEC 2023

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

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

52.216-2 Economic Price Adjustment - Standard Supplies NOV 2021 52.216-27 Single or Multiple Awards OCT 1995 52.216-32 Task-Order and Delivery-Order Ombudsman SEP 2019 52.222-41 Service Contract Labor Standards AUG 2018 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.242-13 Bankruptcy JUL 1995 52.247-34 F.O.B. Destination JAN 1991 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 252.204-7015 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

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

MAY 2019

252.211-7003 Item Unique Identification and Valuation JAN 2023 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

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 2024-O0014)

AUG 2024

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2024- O0014)

AUG 2024

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 OCT 2024

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).

52.212-2 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 represents the best value to the Government at a fair and reasonable price.

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

Price analysis will be used to determine if the evaluated price is fair and reasonable. The evaluation may include, but is not limited to, the price analysis techniques listed at FAR 15.404-1(b)(2).

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

COMMERCIAL SERVICES (MAY 2024)

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 (SDVOSB) concern" means a small business concern—

(1)(i) Not less than 51 percent of which is owned and controlled 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; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

"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 and controlled 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 or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

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

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

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

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(5) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1001.

(6) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[The offeror shall enter the name and unique entity identifier of each party to the joint…