N0018926Q0009.pdf
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- INDUSTRIAL GAS AND CYLINDER RENTAL
- Solicitation number
- N00189Q0009
About this file
This is a Solicitation/Contract/Order for Commercial Items (Standard Form 1449) for industrial gas and cylinder rental services issued by NAVSUP Fleet Logistics Center Norfolk. The contract (N0018926Q0009) is for providing various industrial gases and cylinder rentals to the Naval Computer and Telecommunications Area Master Station Atlantic Detachment (NCTAMS LANT DET) in Cutler, Maine, supporting the VLF transmitter mission.
The base period is from 21 December 2025 to 20 December 2026, with four one-year option periods through 20 December 2030. The contract includes delivery of gases such as Liquid Nitrogen, Oil Pumped Nitrogen Gas, Water Pumped Nitrogen Gas, Sulfur Hexafluoride, Argon, Oxygen, Acetylene, C25 Mix, and Carbon Dioxide. The vendor must be certified in industrial gas handling procedures, provide safety data sheets, comply with labeling requirements, and deliver gases to the Cutler, Maine location. The solicitation is set aside for small businesses, with a size standard of 1,200 employees and NAICS code 325120. Payment will be made via Wide Area Workflow (WAWF), and the contract is a firm-fixed-price arrangement.
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| 4.03 Amended RFQ N0018926Q0009P00001.pdf |
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SEE A DDENDUM
(No Collect Call s)
N0018926Q0009 09-Dec-2025
b. TELEPHONE NUM BER
757-443-2104
8. OFF ER DUE DAT E/LOCAL T IM E
09:00 AM 11 Dec 2025
5. SOLICIT ATION NUM BER 6. SOLICITAT ION ISSUE DAT E
A UTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STA NDARD FORM 1449 (REV . 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
( TYP E O R P RIN T)
(SIGNAT URE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Us e Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTA NCE IS DIFFERENT A ND PUT
BELOW IS CHECKED
TELEPHONE NO.
N001899. ISSUED BY
18b. SUBMIT INVOICES TO A DDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORM AT ION CALL:
a. NAM E
BRITTANY S. SIMMONS
2. CONTRACT NO. 3. AWARD/EFF ECTIVE DATE 4. ORDER NUM BER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNA TURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISIT ION NUM BER
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
1234CULT ERGASCYLINDER
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:
. Y OUR 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: B SIMMONS
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: 757-443-2104 SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
1,200
NAICS:
325120
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. QUA NTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOM EN-OWNED SM ALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SM ALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF56
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 PAY MENT
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
STANDA RD FORM 1449 (REV. 2/2012) BA CK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCA L REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUA NTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
N0018926Q0009
Section SF 1449 - CONTINUATION SHEET
SOW
STATEMENT OF WORK
NCTAMS LANT DET CUTLER, ME
INDUSTRIAL GAS AND CYLINDER RENTAL
STATEMENT OF WORK
1.0 BACKGROUND
The Naval Computer and Telecommunications Area Master Station Atlantic Detachment (NCTAMS LANT DET) Cutler, Maine has a requirement for delivery of various industrial gases and cylinder rental to support the VLF transmitter mission. This contract will provide a continuous uninterrupted availability of gases and cylinder rentals that enable NCTAMS LANT DET Cutler to provide 24/7/365 support and repairs to the VLF transmitter located in Cutler, Maine. The proper and safe functionality of this gas supply is critical in maintaining the submarine telecommunications readiness in support of communication requirements of the Naval Submarine Force.
2.0 SCOPE OF WORK
The purpose of this contract is to provide continuous uninterrupted availability of industrial specialty gases and cylinder rentals to ensure full operational submarine telecommunications and readiness. The vendor shall supply industrial specialty gases and cylinder rental to NCTAMS LANT DET Cutler, Maine. The industrial gases and cylinder rentals include, but are not limited to the following: Liquid Nitrogen 3644CF, Oil Pumped Nitrogen Gas 230CF, Water Pumped Nitrogen Gas 304CF, Sulfur Hexafluoride 200SZ, Argon 336, Argon 125CF, Oxygen 282 Acetylene 4, Acetylene 5, C25 80CF and Carbon Dioxide, Gas Tri-Mix (90% He, 7.5% Ar, 2.5% CO2) . All industrial gases except Carbon Dioxide shall be delivered in high pressure cylinders. Vendor shall include all FOB destination delivery, special delivery, handling fees, federal, state and local fees to Cutler, Maine.
3.0 PERSONNEL QUALIFICATIONS
3.1 The vendor shall be certified or qualified in special industrial gas handling procedures and applicable “Industrial Gas / Hazardous Materials” in the performance of this contract.
3.2 The vendor shall submit copies of certifications (qualifications) in the delivery and handling procedures for “Industrial Gas / Hazardous Materials” from the Technician’s Repair/Maintenance Schools or Trade license(s) or State Working Permits (or equivalent) for each of the personnel that the contractor, if awarded would be assigned to work on this contract.
4.0 CONTRACTOR RQUIREMENTS / SPECIFIC TASKS
4.1 The vendor shall provide and deliver the following: Liquid Nitrogen 3644CF, Oil Pumped Nitrogen Gas 230 CF, Water Pumped Nitrogen Gas 304 CF, Sulfur Hexafluoride Gas 200 SZ, Argon Gas 336, Oxygen Gas 282, Acetylene Gas 4, Acetylene Gas 5, C25 Mix 80CF, and Bulk Liquid Carbon Dioxide to include all FOB Destination delivery, special delivery, and hazardous material fees.
4.2 The vendor shall provide and deliver the cylinder rentals for the following: Liquid Nitrogen 3644CF, Oil Pumped Nitrogen Gas 230 CF, Water Pumped Nitrogen Gas 304 CF, Sulfur Hexafluoride Gas 200 SZ, Argon Gas 336, Oxygen Gas 282, Acetylene Gas 4, Acetylene Gas 5, and C25 Mix 80CF. Bulk Liquid Carbon Dioxide levels shall be monitored by NCTAMS LANT DET Cutler Government Technical Points of Contact (GTPOCs). GTPOCs shall order within a minimum 3 week lead time to arrange delivery.
4.3 The vendor shall respond to the GTPOC order request within twenty-four (24) hours and provide regular delivery of requested gases and/or cylinders weekly. In an emergency, The GTPOC may require an expedited delivery.
4.4 The vendor shall provide complete contact information to include full names, telephone number, and e-mail address for all personnel assigned to work this contract.
4.5 The vendor shall comply with all local, state, and federal laws and regulations regarding the delivery of industrial specialty gases and tank, cylinder and other container laws.
4.6 The vendor shall label and mark all gases and gas containers in accordance with the most current CGA Publications C-7 Guide with Preparations of Precautionary Labeling and marking of Compressed Gas Containers.
Containers shall be color coded in accordance with the most recent CGA Publications C-9 Standard Color Marking of Compressed Gas Containers. The vendor shall provide complete Hazardous Warning Labels for all gases.
4.7 The vendor shall provide Safety Data Sheets (SDS) and complete DFARS 252.223-7001 Hazardous Warning and/or Safety Data Sheet labels for all gases provided within this contract.
4.8 Valves shall comply with the most recent CGA Safety Bulletin SB-26 and CGA Publication V-1.
4.9 The vendor shall perform corrective maintenance as required to ensure safety and operational function of the equipment.
4.10 The vendor shall be responsible for providing all materials, parts and supplies needed to complete any maintenance and repair of gas containers.
4.11The vendor shall supply all gas cylinder handling instructions and/or operations manual for all gas cylinders within this contract.
4.12 The vendor shall be responsible for all equipment and any other material required to facilitate the use of industrial specialty gases and cylinders, as well as maintain the proper operations of the systems at NCTAMS LANT DET Cutler, ME.
4.13 The vendor shall be responsible for the removal and proper disposal (in accordance with local, state, and federal laws and regulations) of all work related trash, garbage, and debris (if any) in the performance of this contract.
4.14 The vendor shall be responsible for providing all materials, regulators, valves, parts and supplies needed for use of industrial specialty gas delivery and gas cylinder or container rentals. NCTAMS LAN DET Cutler recommends a site visit to determine if start-up hardware and/or changeover installation is required.
5.0 EMERGENT AND UNFORSEEN REPAIRS
5.1 If repair work has been discovered at any point during the inspection while preventative maintenance is in process executed by the vendor, the vendor shall not initiate said repair without prior approval from a NCTAMS LANT DET Cutler GTPOC.
5.2 Repair service is any maintenance and /or servicing performed by the vendor on a piece of equipment at other than the planned scheduled time, and that, which is necessary to keep equipment in proper operational condition.
5.3 The vendor shall respond on-site for trouble calls within 24 hours of notification from the GTPOC. Trouble call notifications will be sent to the vendors program manager or technical support staff during normal business hours, Monday-Friday 8:00AM to 4:00PM, Cutler, ME local time.
6.0 ADMINISTRATION
6.1 DELIVERY LOCATION
NCTAMS LANT DET Cutler
175 Ridge Road Cutler, Maine 04626
6.2 HOURS OF OPERATION
8:00AM – 4:00PM
6.3 GOVERNMENT TECHNICAL POINTS OF CONTACT
TBD
6.5 PERIOD OF PERFORMANCE
Estimated period of performance:
Period of Performance Base 21 Dec 2025 – 20 Dec 2026 Option Year 1 21 Dec 2026 – 20 Dec 2027 Option Year 2 21 Dec 2027 – 20 Dec 2028 Option Year 3 21 Dec 2028 – 20 Dec 2029 Option Year 4 21 Dec 2029 – 20 Dec 2030
6.6 METHOD OF PAYMENT
Payment for this contract shall be made via Wide Area Workflow (WAWF), see clause 252-237-7006. The government reserves the right to change this method only by a contract modification if necessary.
7.0 SECURITY AND BASE ENTRY
7.1 Cutler base security requires 100% ID check at all times. The vendor shall contact the GTPOC within three (3) days of contract award and obtain the current forms to be completed by all personnel accessing the base. This form shall be completed in full and returned within two (2) days. Once returned, it is routed to base security for investigation.
7.2 All vendor equipment, personnel and vehicles are subject to inspection and search by US government security officials (or designated representatives) upon entry to any government owned and/or operated installations and facilities.
7.3 Vendor personnel shall comply with all local base/installation security procedures required to gain access to US Government facilities and other assets (as necessary).
7.4 If directed by US Government security officials (or designated representatives), the vendor shall remove (and replace as necessary) vendor personnel and/or its representatives considered a security risk at no additional cost to the government.
8.0 SECURITY CLEARANCE
The vendor is not required to have a security clearance to perform any of the services listed within this contract.
9.0 ACCESS TO GOVERNMENT FACILITIES
9.1 Government facilities will be made available to the contractor. Scheduling and access to facilities will be coordinated through the GTPOC.
10.0 AUTHORIZED CHANGES BY THE CONTRACTING OFFICER
10.1 The vendor shall not comply with any order, direction or request of government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority included as part of this contract.
10.2 The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s.
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 12 Months Industrial Gas
FFP
The industrial gases and cylinder rentals include, but are not limited to the following: Liquid Nitrogen 3644CF, Oil Pumped Nitrogen Gas 230CF, Water Pumped Nitrogen Gas 304CF, Sulfur Hexafluoride 200SZ, Argon 336, Argon 125CF, Oxygen 282, Acetylene 4, Acetylene 5, C25 80CF, Carbon Dioxide, Gas Tri-Mix (90% He, 7.5% Ar, 2.5% CO2. All industrial gases except Carbon Dioxide shall be delivered in higher pressure cylinders. Vendor shall include all FOB destination delivery, special delivery, handling fees, federal, state and local fees to Cutler, Maine. See incorporated statement of work specifications for details FOB: Destination
PURCHASE REQUEST NUMBER: 1234CULTERGASCYLINDER
PSC CD: 6830
NET AMT
2001 12 Months OPTION Industrial Gas
FFP
The industrial gases and cylinder rentals include, but are not limited to the following: Liquid Nitrogen 3644CF, Oil Pumped Nitrogen Gas 230CF, Water Pumped Nitrogen Gas 304CF, Sulfur Hexafluoride 200SZ, Argon 336, Argon 125CF, Oxygen 282, Acetylene 4, Acetylene 5, C25 80CF, Carbon Dioxide, Gas Tri-Mix (90% He, 7.5% Ar, 2.5% CO2. All industrial gases except Carbon Dioxide shall be delivered in higher pressure cylinders. Vendor shall include all FOB destination delivery, special delivery, handling fees, federal, state and local fees to Cutler, Maine. See incorporated statement of work specifications for details.
FOB: Destination
3001 12 Months OPTION Industrial Gas
FFP
The industrial gases and cylinder rentals include, but are not limited to the following: Liquid Nitrogen 3644CF, Oil Pumped Nitrogen Gas 230CF, Water Pumped Nitrogen Gas 304CF, Sulfur Hexafluoride 200SZ, Argon 336, Argon 125CF, Oxygen 282, Acetylene 4, Acetylene 5, C25 80CF, Carbon Dioxide, Gas Tri-Mix (90% He, 7.5% Ar, 2.5% CO2. All industrial gases except Carbon Dioxide shall be delivered in higher pressure cylinders. Vendor shall include all FOB destination delivery, special delivery, handling fees, federal, state and local fees to Cutler, Maine. See incorporated statement of work specifications for details.
FOB: Destination
4001 12 Months OPTION Industrial Gas
FFP
The industrial gases and cylinder rentals include, but are not limited to the following: Liquid Nitrogen 3644CF, Oil Pumped Nitrogen Gas 230CF, Water Pumped Nitrogen Gas 304CF, Sulfur Hexafluoride 200SZ, Argon 336, Argon 125CF, Oxygen 282, Acetylene 4, Acetylene 5, C25 80CF, Carbon Dioxide, Gas Tri-Mix (90% He, 7.5% Ar, 2.5% CO2. All industrial gases except Carbon Dioxide shall be delivered in higher pressure cylinders. Vendor shall include all FOB destination delivery, special delivery, handling fees, federal, state and local fees to Cutler, Maine. See incorporated statement of work specifications for details.
FOB: Destination
5001 12 Months OPTION Industrial Gas
FFP
The industrial gases and cylinder rentals include, but are not limited to the following: Liquid Nitrogen 3644CF, Oil Pumped Nitrogen Gas 230CF, Water Pumped Nitrogen Gas 304CF, Sulfur Hexafluoride 200SZ, Argon 336, Argon 125CF, Oxygen 282, Acetylene 4, Acetylene 5, C25 80CF, Carbon Dioxide, Gas Tri-Mix (90% He, 7.5% Ar, 2.5% CO2. All industrial gases except Carbon Dioxide shall be delivered in higher pressure cylinders. Vendor shall include all FOB destination delivery, special delivery, handling fees, federal, state and local fees to Cutler, Maine. See incorporated statement of work specifications for details.
FOB: Destination
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 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 21-DEC-2025 TO
20-DEC-2026
N/A N/A
FOB: Destination
2001 POP 21-DEC-2026 TO
20-DEC-2027
3001 POP 21-DEC-2027 TO
20-DEC-2028
4001 POP 21-DEC-2028 TO
20-DEC-2029
5001 POP 21-DEC-2029 TO
20-DEC-2030
CLAUSES INCORPORATED BY REFERENCE
52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
JUN 2020
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 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
52.217-5 Evaluation Of Options JUL 1990 52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.247-34 F.O.B. Destination JAN 1991 52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998 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 252.204-7015 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 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 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)
52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
The Government intends to award a Firm Fixed Price (FFP) contract as a result of this solicitation in accordance with FAR Part 12, and FAR Part 13. Award will be made in accordance with FAR 13 after the price is determined to be fair and reasonable to a small business. The Government intends to evaluate and award a contract based on initial quote; therefore, the Quoter’s initial quote should contain the Quoter’s best terms from a price standpoint.
Total price will be evaluated taking into the account the total FFP for the supplies. Price analysis using procedures of FAR 13.106-3 will be used to evaluate price reasonableness. The Government may evaluate any and all information submitted by the vendor to support the reasonableness of prices proposed. The method of evaluation used by the Contracting Officer is solely within the discretion of the Contracting Officer
(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 (DEVIATION 2025-O0003/ DEVIATION 2025-O0004) (OCT 2025) ALTERNATE I
(MAR 2025)
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 venture: ___ .]
Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.
(9) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.
(10) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
(11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.
(12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(5) of this provision.)
___ Black American.
___ Hispanic American.
___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
___ Individual/concern, other than one of the preceding.
(d) [Reserved]
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $200,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American --Supplies, is included in this solicitation.)
(1) (i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.
(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no''.
(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).
(iv) The terms "commercially available off-the-shelf (COTS) item," "critical component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."
(2) Foreign End Products:
Line Item No. Country of origin Exceeds 55% domestic content (yes/no)
[List as necessary]
(3) Domestic end products containing a critical component:
Line Item No.
(4) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.
(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)
(i) (A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.
(B) The terms "Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product,'' "commercially available…
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