N00244-20-R-0018 Solicitation -Final.pdf

N0024420R0018

Section Supplies or Services and Price

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Group

FORKLIFT BATTERY RETRAY

FFP

USS RONALD REAGAN (CVN 76)-30 batteries will be re-trayed IAW SOW. 24

Volt, 525 AMP double E rated, Deka brand, part number M3401217013DNYWA or equivalent. These forklift batteries are for Raymond (Original Equipment

Manufacturer) shipboard weapons handling forklifts model No. 040-R45-TN.

FOB: Destination

MILSTRIP: N5702520RC021CG

MFR PART NR: M3401217013DNYWA

PURCHASE REQUEST NUMBER: N5702520RC021CG

PSC CD: 6140

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 1 Group

OPTION FORKLIFT BATTERY RETRAY

FFP

USS RONALD REAGAN (CVN 76)-30 batteries will be re-trayed IAW SOW. 24

Volt, 525 AMP double E rated, Deka brand, part number M3401217013DNYWA or equivalent. These forklift batteries are for Raymond (Original Equipment

Manufacturer) shipboard weapons handling forklifts model No. 040-R45-TN.

FOB: Destination

MILSTRIP: N5702520RC021CG

MFR PART NR: M3401217013DNYWA

PURCHASE REQUEST NUMBER: N5702520RC021CG

PSC CD: 6140

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

BATTERY RETRAY REQUIREMENTS

(1) To be in compliance with SCD 14824 with the new universal MHE battery charger Element iHF chargers, Model LMT10KW48250TMIL, the US Navy is moving to reduce the amount of hazardous material associated with lead-acid batteries and migrating to maintenance free “Gel sealed” batteries. The combination of the new battery charger and new maintenance free “Gel sealed” batteries will optimize existing MHE battery life, automatically identify the battery for accurate charging, and significantly reduce ship's force workload of constantly monitoring charging cycles. Approximately 30 electrical fork trucks per CVN-68 class ships (2 ships total) require modification.

(2) Schedule of Delivery, Quantity and Government ship:

Fiscal Year Aircraft Carrier Period of performance Quantity

2020 USS Ronald Reagan CVN76 May 1, 2020 to September 30, 2020 (30) each

2021 USS Abraham Lincoln CVN72 October 1, 2020 to February 28, 2021 (30) each

NOTE: (30) each for the USS ABRAHAM LINCOLN WILL BE PROCESSED AS AN OPTION.

The inclusion of an option request in any resultant contract is a uni-lateral right of the Government. The inclusion of option Contract Line Items (CLIN(s)) does not constitute a guarantee to the contractor by the Government.

(3) The requiring activity (RA) COMNAVAIRPAC (CNAP) NAS North Island, will provide Government owned

“Gel sealed” type forklift batteries, (30) each for each carrier for the contractor to “retray”.

Existing forklift batteries minimum specifications:

24 Volt, 525 AMP double “E” rated, Deka brand, part number M3401217013DNYWA or equivalent. These forklift batteries are for Raymond (Original Equipment Manufacturer) shipboard weapons handling forklifts model# 040-

R45-TN.

(4) The Government requires that the contractor complete the retraying of the batteries within 5 months, specific date to upon award of a purchase order.

(5) months delivery/completion for the USS RONALD REAGAN and (5) months delivery completion for the USS

ABRAHAM LINCOLN, if the option is exercised.

The contractor will be required to pick up Government owned batteries and deliver the retrayed batteries to/from the designated government facility. All work performed on the batteries shall occur at the contractor’s facility.

The Government will have all Government batteries palletized and banded before pick up. The contractor will return all new batteries on pallets and banded.

(6) The contractor is required retray each battery and at a minimum:

Provide all ‘brand new’ parts for any part replaced. Brand new is defined as never used.

Remove all existing cells from tray

Clean, neutralize, grind, sandblast and powder coat existing tray like new condition

Install 12 new Deka G105-11 cells into “each battery”, tray using inter cell connectors, or equal substitution shall be reviewed by the government to ensure the following minimum specifications for the cell are meet:

o Dimensions o Amp hour rating o Voltage requirement o Life cycle evaluation o Cell component makeup.

Check battery for shorts or leaks.

Install new armored and sheathed DC cable set, contacts tips, and European Connector to tray.

Replace all rubber grommets on tray.

Install PowerTrac SP 3 Series Battery Data Logger to monitor and track logs of various battery

Performance data including battery voltage, battery temperature, and battery current.

Provide and install the battery Identification Plate. The plate shall be metal and mechanically

Affixed or epoxied to the top/lid. & (h) shall be identified on the plate:

o Name or trademark of the manufacturer.

o Six-hour ampere capacity rating in ampere-hours.

o General Service weight of battery.

o Battery voltage

Paint color shall be yellow in accordance with FED-STD-595, Color No. 13538

Battery cells SHALL be OEM direct replacement, or shall be previously High Impact shock tested if an equal substitute or alternate manufacturer is used. In the event that an alternate manufacturer is utilized to satisfy the “or equal substitute criteria”, as mentioned above, the Government will ensure that all of the salient characteristics in this paragraph will be satisfied by that alternate manufacturer through a technical review process.

Provide for the proper handling and disposition of all hazardous material used in the retraying process.

Warranty: The vendor is required to provide a standard 2-year warranty at a minimum covering all parts and labor.

In the event that a contractor cannot provide a 2 year warranty, the contractor is required to furnish the length and limits of their warrant being offered.

Charge the new battery to 100% level.

(7) Inspection:

The Government will perform inspection and acceptance at Destination. The Government will visually inspect all new batteries within fifteen business days for defects and perform cycle test. The Government will advise the contractor of all batteries not meeting proper charge levels and prepare them for return to the contractor for correction. The contractor will return all corrected batteries within 10 business days to the government for re-inspection.

Acceptance: Once all material has been fully inspected by the Government and determined to meet technical requirements, acceptance of the material will be performed. The will provide acceptance documentation to facilitate invoice and payment processing to the proper CNAP representatives.

(8) Battery pickup and delivery – the contractor is required to contact the Technical POC/APOC no less than seven business days before the scheduled pick up/delivery day to coordinate a time. No pickups or drop offs shall occur without the Technical POC’s/APOC’s acknowledge and concurrence.

Government Pickup/Delivery address:

COMFRCSEFAC

NAS North Island

Building 42

San Diego, CA 92135

COMFRCSEFAC:

Point of Contact (POC):

Primary:

Joe Camden, Phone: 619-545-7632, E-mail: joseph.camden.ctr@NMCI-ISF.COM

Secondary:

Al Silva, Phone: 619-545-1220, E-mail: alfonso.silva@aecom.com

(9) Government Designated Representative (DGR) and Technical Point of Contact (TPOC):

DGR Primary: Diosdado Metra Phone: (619) 545-1043 / (619) 600-6781

Diosdado.metra@navy.mil

TPOC Primary: Vincent Diega Phone: 619-545-1034/545-1043 vincent.diega.ctr@navy.mil mailto:Diosdado.metra@navy.mil

Section D - Packing and Marking

PACKAGING AND MARKING

Standard commercial packaging/pelletizing is acceptable.

MARKING:

Include “MARK FOR” information on all invoices, packages, packing slips, and any correspondence regarding this requirement.

COMFRCSEFAC

NAS North Island

Quentin-Roosevelt Blvd., Bldg. 42

San Diego, CA 92135

ATTN: Diosdado Metra

Phone: (619)545-1043

RCP: N5702520RC021CG

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

1001 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-1 Contractor Inspection Requirements APR 1984

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996

52.246-16 Responsibility For Supplies APR 1984

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 150 dys. ADC 1 COMMANDER NAVAL AIR FORCES

PACIFIC FLEET

DIOSDADO METRA

NAS NORTH ISLAND

COMFRCSEFAC

BUILDING 42

SAN DIEGO CA 92135-7130

619-545-1043

FOB: Destination

N57025

1001 150 dys. ADC 1 (SAME AS PREVIOUS LOCATION)

FOB: Destination

N57025

52.247-34 F.O.B. Destination NOV 1991

Section G - Contract Administration Data

CONTRACT ADMIN AND PAYMENT

The NAVSUP Fleet Logistics Center San Diego will retain post award administration, in the event that a contract is awarded as a result of this solicitation. Contact the Contract Specialist below if any post award delivery delays, performance problems, or other issues arise during the performance of this order.

Contract Specialist:

Dwayne M Casad

619-556-6218

Email: Dwayne.m.casad@navy.mil

OTHER GOVERNMENT POINTS OF CONTACT

Technical Points of Contact:

Designated Government Representative (DGR)

Diosdado Metra

Phone: (619) 545-1043

Email: diosdado.metra@navy.mil

CONTRACTOR POINT OF CONTACT:

TBD

METHOD OF INVOICING: Invoices for materials/services rendered shall be submitted electronically through

Wide Area Work Flow (WAWF) IAW DFARS 252.232-7003.

DO NOT SEND INVOICES TO THE NAVSUP FLC SAN DIEGO CONTRACTING DEPARTMENT

PAYMENT: The Government anticipates paying fully certified invoices on a Net 30 day basis. Distribution of payment will be made by Electronic Funds Transfer (EFT) to the contractors account established in the System for

Award Management (SAM) database. It is the responsibility of the contractor to review such accounts to ensure that payment has been reviewed.

***NOTE***

In the event that a contract is awarded as a result of this solicitation, partial payment for deliveries of material are hereby authorized upon complete inspection and acceptance by the Government for the partial delivery of material specified under the purchase order.

SALES TAX EXEMPTION: The Contractor is hereby advised that the United States Government and Agencies are exempt from State and Local Government Tax by virtue of Article 6 of the United States Constitution. No exemption certificate is required.

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018 mailto:Dwayne.m.casad@navy.mil mailto:diosdado.metra@navy.mil

Section I - Contract Clauses

52.212-1 Instructions to Offerors--Commercial Items OCT 2018

52.212-3 Offeror Representations and Certifications--Commercial

Items

DEC 2019

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.217-9 Option To Extend The Term Of The Contract MAR 2000

52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997

52.232-18 Availability Of Funds APR 1984

52.245-1 Government Property JAN 2017

52.245-9 Use And Charges APR 2012

52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998

52.252-2 Clauses 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 SEP 2013

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7016 Covered Defense Telecommunications Equipment or Services

-- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

DEC 2019

252.211-7007 Reporting of Government-Furnished Property AUG 2012

252.223-7001 Hazard Warning Labels DEC 1991

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017

252.225-7036 Buy American--Free Trade Agreements--Balance of

Payments Program--Basic

DEC 2017

252.225-7048 Export-Controlled Items JUN 2013

252.232-7010 Levies on Contract Payments DEC 2006

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property DEC 2017

252.245-7003 Contractor Property Management System Administration APR 2012

252.245-7004 Reporting, Reutilization, and Disposal DEC 2017

252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(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. See attachment #4 for evaluation factors which shall be used to evaluate offers.

The Government will evaluate quotations based on the Lowest Price Technically Acceptable (LPTA) evaluation method. The Contracting Officer will evaluate quotations and award a Firm Fixed Price contract without discussions with offerors. Each initial offer should, therefore contain the offer’s most accurate terms from both a price and technical standpoint. The Government reserves the right to make award to other than the low offeror if it is determined by the Contracting Officer to be not technically acceptable. See attachment #4.

Technical and past performance, when combined, are approximately equal to cost or price.

(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.

(End of provision)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19

U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

XX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)

(41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June

2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment

Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41

U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014)

(if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

XX (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

XX (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Nov 2016) of 52.219-9.

____ (iii) Alternate II (Nov 2016) of 52.219-9.

____ (iv) Alternate III (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Aug 2018) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

XX (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2019) (15 U.S.C.

657f).

XX (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XX (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2020) (E.O. 13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (Feb 1999) of 52.222-26.

XX (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

____ (ii) Alternate I (July 2014) of 52.222-35.

XX (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

____ (ii) Alternate I (July 2014) of 52.222-36.

XX (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

XX (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

XX (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

XX (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in

22.1803.)

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May

2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun

2016) (E.O. 13693).

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(Jun 2016) (E.O. 13693).

____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and

13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-14.

____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s

13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-16.

XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

____ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

____ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

____ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter

83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (48) 52.225-5, Trade Agreements (Oct 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10

U.S.C. 2307(f)).

____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

XX (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31

U.S.C. 3332).

____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July

2013) (31 U.S.C. 3332).

____ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (Apr 2003) of 52.247-64.

____ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

_____ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

_____ (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

_____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple

Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY

2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

_____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the

Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

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

Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiv) _____ (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain

Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx

1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause) https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_222_62 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_224_3

Section K - Representations, Certifications and Other Statements of Offerors

FAR 52.212-3 REPS AND CERTS

FAR Provision 52.212-3 will be included as an attachment (Attachment #1) to be filled out and included with any quotations.

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (DEC

2019)

(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.

(b) 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”.

(c) Representation. The Offeror represents that it [ ___ ] does, [ ___ ] 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.

(End of provision) https://www.sam.gov/

Section L - Instructions, Conditions, and Notices to Offerors or Quoters

SOLICITATION SUBMISSION FORMAT

Solicitations will be submitted utilizing the following format:

Volume I-Technical Literature

Volume II-Past Performance Information-utilize Past Performance Questionaire attached.

Volume III-Pricing Information

PROVISIONS FOR FILL IN

FAR 52.212-3 (Attachment #1) , FAR 52.204-26 (Attachment #2), and DFARS 252.204-7016 (Attachment # 3) are included as attachments and must be filled out and returned to the Government when submitting the quote.

PRICING INFORMATION

Under requirements of the Federal Acquisition Regulation (FAR), the Contracting Officer is responsible for determining reasonableness of pricing. To assist in determining whether the prices quoted in your offer are fair and reasonable, your cooperation is requested in submitting the following information:

(a) A copy of the current catalog or established price list for the articles covered by the offer.

(b) A statement that such catalog or established price list is:

(1) Regularly maintained,

(2) Is published or otherwise available for inspection by customers, and

(3) States the prices at which sales are currently made to a number of buyers.

(c) A statement that such articles are commercial items sold in substantial quantities to the general public at the prices listed in the catalog or established price list.

(d) A statement that the prices quoted herein, including consideration of any discount or rebate arrangement, do not exceed prices charged the offeror's most favored customer for like items in similar quantities under comparable conditions.

Section M - Evaluation Factors for Award

EVALUATION CRITERIA

See Attachment # 4 – Evaluation Criteria

Past Performance Data sheet (Attachment #5) is required to be sent to previous customers contractor has performed work for, and the customer will return the form to the contracting office. Have your previous customers send completed forms to :

Dwayne.M.Casad@Navy.mil mailto:Dwayne.M.Casad@Navy.mil