N0025324Q0011.pdf

SEE ADDENDUM

(No Collect Calls)

N0025324Q0011 29-Nov-2023

b. TELEPHONE NUMBER

360-315-6785

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 13 Dec 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N002539. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

PATRICIA J REES

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

NAVAL UNDERSEA WARFARE CENTER

PATRICIA REES

PATRICIA.J.REES.CIV@US.NAVY.MIL

610 DOWELL STREET, BLDG 206

KEYPORT WA 98345

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-C9

CODE15. DELIVER TO CODE N00253 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVAL UNDERSEA WARFARE CENTER

RECEIVING OFFICER

ATTN: DIVISION KEYPORT SUPPLY OFFICER

BLDG 893

610 DOWELL STREET

KEYPORT WA 98345-7610

TEL: 360 396-2760 FAX:

FAX:

TEL: 360-315-6785 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,200

NAICS:

325120

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 OF59

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.

N0025324Q0011

Section SF 30 - BLOCK 14 CONTINUATION PAGE

STATEMENT OF WORK

Statement of Work

SUPPLY AND DELIVERY OF NITROGEN LIQUID AND COMPRESSED NITROGEN

Place of Performance: To be provided at award

1.0 Scope: NUWC Keyport requires contractor services to supply and deliver refrigerated liquid nitrogen (LN2) and compressed nitrogen.

2.0 Service Required: Work and services to be performed are subject to the requirements and standards contained in this Statement of Work (SOW). The contractor shall provide all equipment, materials, and labor to accomplish these requirements.

2.1 Description of Tasks to be Performed. Vendor is responsible for delivery, connection and transfer of all bulk material to the government-owned LN2 tanks. Vendor shall supply the following materials.

2.1.1 Bulk LN2. Liquid Nitrogen, LN2, bulk.

2.1.2 Bottled Compressed Nitrogen, 6000 psi

2.2 Schedule, Quantity, and Frequency of Service.

2.2.1 Start Date. The period of performance for this effort is for a base period of 12 months. Period of Performance shall be for one (1) year beginning on the date of award. Two, 12-month options may be exercised for each requirement.

2.2.2 Bulk Refrigerated Liquid Nitrogen (LN2). Vendor shall deliver increments up to 4,500 gallons per delivery as requested by ordering point of contact (POC) no more than one delivery over a seven day period. NOT TO EXCEED 70,000 gallons per 12-month period.

2.2.3 Bottled Compressed Nitrogen, 6000 psi. Bottle size 488 cubic ft. Vendor shall deliver increments up to 2 bottles per delivery as requested by ordering point of contact (POC). NOT TO EXCEED 10 bottles per 12-month period. NUWC Keyport Division intends to rent, not purchase, the bottles and exchange empty bottles for full nitrogen bottles as necessary. NUWC Keyport does not plan to exceed possession of greater than two (2) 488 cubic bottles of compressed nitrogen, 6000 PSI.

2.2.4 The Government shall rent the 488 cubic ft. nitrogen cylinders from the vendor for the duration that they are in possession of the nitrogen cylinders. The rental fees incurred by the government shall be assessed on a monthly basis.

2.2.5 Hot Tank Fills. In the event either LN2 tank is emptied completely and allowed to warm to ambient temperature, the contractor shall perform up to one warm fill of the tank per year.

*NTE 10 Nitrogen bottles over the course of one year will be delivered at the facility per POC's request and not to exceed a frequency of one delivery per week. The frequency in which these bottles are delivered will vary based on the testing we have here at the lab. At no point will we be receiving a newly pressurized nitrogen bottle without returning an equal quantity of empty nitrogen cylinders. Vendors can assume that two (2) nitrogen bottles are always being rented by NUWC Keyport for the duration of the contract or until the NTE cap is met.

3.0 Delivery Information

Bulk liquid nitrogen (LN2) shall be delivered to two government owned storage tanks at building (To be provided at award), Naval Submarine Base Bangor, Keyport Annex, Silverdale, WA.

HOURS of OPERATION: 07:00-15:00 Monday through Friday excluding Federal Holidays.

3.1 LN2 Tanks

The two government owned LN2 tanks are located next to Bldg. (To be provided at award) in the Keyport Annex at Naval Submarine Base Bangor. The 1,500-gallon tank identification number is 5814668. The 3000-gallon tank identification number is 5814247.

3.2 A contract has been put in place for a new 3000-Gallon tank replacement for the 1500-Gallon tank. The government shall provide the vendor with an updated quantity listing when installation of 3000-gallon tank is complete. Vendor shall provide a new cost estimate based on increased quantity of new tank. Adjustment shall be made to CLIN to support new cost of Liquid Nitrogen bulk delivery.

4.0 Contractor Deliverables.

Perform services identified in this SOW.

4.1 Supply bulk LN2 as required up to 70,000 gallons annually.

4.2 Monthly rental of two 488 cubic ft. 6000psi compressed nitrogen bottles.

4.3 Pickup and delivery of rented compressed nitrogen bottles, up to 10 filled bottles annually.

4.4 Provide documentation to indicate the date of servicing, type of gas delivered and the quantity of material delivered. (CDRL A001)

4.5 Hot Tank Fills. In the event either LN2 tank is emptied completely and allowed to warm to ambient temperature, the contractor shall perform up to one warm fill of the tank per year at no additional cost to the government.

5.0 Performance Standard and Acceptable Quality Level.

The contractor will provide services in conformance with all the specifications and requirements outlined in this SOW 100% of the time.

6.0 Security Requirements.

Vendor employees accessing the Keyport Annex at Submarine Base Bangor must have U.S. citizenship and process through the Submarine Base Bangor Pass & ID office. All visitors must have a completed I-9 (Employment Eligibility Verification -- Citizenship Declaration) Form from their employer and two pieces of identification.

7.0 Contract Monitoring.

Delivery and invoices instructions: For each delivery, the contractor shall provide an original delivery ticket to the government's delivery POC (Provided at time of award) which must contain the following information:

• Unique delivery ticket number

• Date of delivery

• Location of delivery

• Total gallons delivered (LN2)

• Total bottles delivered (Compressed nitrogen).

When invoicing through Wide Area Workflow (WAWF), invoice must contain the same information provided for each delivery.

8.0 Contract Options.

Desired options to be included on the solicitation and contract

8.1.1 Option year 1. (365 days from award). Additional year of LN2 bulk and compressed nitrogen deliveries with the same requirements of sections 2.0, 3.0, 4.0, 5.0, 6.0 & 7.0.

8.1.2 Option year 2. (730 days from award). Additional year of LN2 bulk and compressed nitrogen deliveries with the same requirements of sections 2.0, 3.0, 4.0, 5.0, 6.0 & 7.0.

8.1.5 Hot Tank Fills. In the event either LN2 tank is emptied completely and allowed to warm to ambient temperature, the contractor shall perform up to one warm fill of the tank per year at no additional cost to the government.

ATTACHMENTS VIA INTERNET

1. NAVSEA NUWC Division Keyport, OPSEC Guide for Defense Contractor, Rev May 2016

2. Safety - Requirements for Contractors & Subcontractors,

3. Contractor’s Guide to Environmental Compliance (Items 1-3 are incorporated by reference. Documents can be downloaded from http://www.navsea.navy.mil/Home/Warfare-Centers/NUWC-Keyport/Resources )

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 70,000 Gallon

REFRIGERATED LIQUID NITROGEN (LN2)

FFP

On-site service in accordance with Statement of Work (SOW).

Delivery amount shall not to exceed (NTE) 70,000 Gallons per year (4,500 gallons per increment).

This is a Not-To-Exceed (NTE) CLIN. The net amount for this CLIN will become the NTE amount. Clause 52.213-3 applies to this CLIN.

Period of Performance shall be for one (1) year from date of award.

FOB: Destination

PSC CD: H268

NET AMT

0002 10 Each

COMPRESSED NITROGEN

FFP

COMPRESSED NITROGEN, not to exceed 10 bottles per 12 month period, up to 2 bottles each delivery. Monthly rental of two 488 cubic ft. 6000psi compressed nitrogen bottles. The price is to include any and all rental fees.

On-site service in accordance with Statement of Work (SOW).

Delivery amount shall not exceed 10 bottles per 12 month period.

This is a Not-To-Exceed (NTE) CLIN. The net amount for this CLIN will become the NTE amount. Clause 52.213-3 applies to this CLIN.

Period of Performance shall be for one (1) year from date of award.

0003 1 Each Contract Data Requirements Lists (CDRL)

FFP

Data in accordance with Exhibit A, Data Item A001: Contract Data Requirements Lists DD Form 1423-1 (Not Seperately Priced).

0004 1 Each

OPTION HOT TANK FILL

FFP

In the event either LN2 tank is emptied completely and allowed to warm to ambient temperature, the contractor shall perform up to one warm fill of the tank per year at no additional cost to the government.

This is an Option Item only and in no way are purchased or guaranteed under the resulting contract. Work cannot be started or performed under the Option without Option exercised by Contracting Officer in accordance with FAR Clause 52.217-7

VAR I.

PoP of 1 year from date of option exercise.

1001 70,000 Gallon

OPTION REFRIGERATED LIQUID NITROGEN (LN2)

FFP

On-site service in accordance with Statement of Work (SOW).

Delivery amount shall not to exceed (NTE) 70,000 Gallons per year (4,500 gallons per increment).

This is a Not-To-Exceed (NTE) CLIN. The net amount for this CLIN will become the NTE amount. Clause 52.213-3 applies to this CLIN.

This is an Option Item only and in no way are purchased or guaranteed under the resulting contract. Work cannot be started or performed under the Option without Option exercised by Contracting Officer in accordance with FAR Clause 52.217-7

VAR I.

PoP of 1 year from date of option exercise.

1002 10 Each

OPTION COMPRESSED NITROGEN

FFP

COMPRESSED NITROGEN, not to exceed 10 bottles per 12 month period, up to 2 bottles each delivery. Monthly rental of two 488 cubic ft. 6000psi compressed nitrogen bottles. The price is to include any and all rental fees.

On-site service in accordance with Statement of Work (SOW).

Delivery amount shall not exceed 10 bottles per 12 month period.

This is a Not-To-Exceed (NTE) CLIN. The net amount for this CLIN will become the NTE amount. Clause 52.213-3 applies to this CLIN.

This is an Option Item only and in no way are purchased or guaranteed under the resulting contract. Work cannot be started or performed under the Option without Option exercised by Contracting Officer in accordance with FAR Clause 52.217-7

VAR I.

PoP of 1 year from date of option exercise.

1003 1 Each OPTION Contract Data Requirements Lists (CDRL)

FFP

Data in accordance with Exhibit A, Data Item A001: Contract Data Requirements Lists DD Form 1423-1 (Not Seperately Priced).

This is an Option Item only and in no way are purchased or guaranteed under the resulting contract. Work cannot be started or performed under the Option without Option exercised by Contracting Officer in accordance with FAR Clause 52.217-7

Delivery of 1 year from date of option exercise.

1004 1 Each

OPTION HOT TANK FILL

FFP

In the event either LN2 tank is emptied completely and allowed to warm to ambient temperature, the contractor shall perform up to one warm fill of the tank per year at no additional cost to the government.

This is an Option Item only and in no way are purchased or guaranteed under the resulting contract. Work cannot be started or performed under the Option without Option exercised by Contracting Officer in accordance with FAR Clause 52.217-7

VAR I.

PoP of 1 year from date of option exercise.

2001 70,000 Gallon

OPTION REFRIGERATED LIQUID NITROGEN (LN2)

FFP

On-site service in accordance with Statement of Work (SOW).

Delivery amount shall not to exceed (NTE) 70,000 Gallons per year (4,500 gallons per increment).

This is a Not-To-Exceed (NTE) CLIN. The net amount for this CLIN will become the NTE amount. Clause 52.213-3 applies to this CLIN.

This is an Option Item only and in no way are purchased or guaranteed under the resulting contract. Work cannot be started or performed under the Option without Option exercised by Contracting Officer in accordance with FAR Clause 52.217-7

VAR I.

PoP of 1 year from date of option exercise.

2002 10 Each

OPTION COMPRESSED NITROGEN

FFP

COMPRESSED NITROGEN, not to exceed 10 bottles per 12 month period, up to 2 bottles each delivery. Monthly rental of two 488 cubic ft. 6000psi compressed nitrogen bottles. The price is to include any and all rental fees.

On-site service in accordance with Statement of Work (SOW).

Delivery amount shall not exceed 10 bottles per 12 month period.

This is a Not-To-Exceed (NTE) CLIN. The net amount for this CLIN will become the NTE amount. Clause 52.213-3 applies to this CLIN.

This is an Option Item only and in no way are purchased or guaranteed under the resulting contract. Work cannot be started or performed under the Option without Option exercised by Contracting Officer in accordance with FAR Clause 52.217-7

VAR I.

PoP of 1 year from date of option exercise.

2003 1 Each OPTION Contract Data Requirements Lists (CDRL)

FFP

Data in accordance with Exhibit A, Data Item A001: Contract Data Requirements Lists DD Form 1423-1 (Not Seperately Priced).

This is an Option Item only and in no way are purchased or guaranteed under the resulting contract. Work cannot be started or performed under the Option without Option exercised by Contracting Officer in accordance with FAR Clause 52.217-7

Delivery of 1 year from date of option exercise.

2004 1 Each

OPTION HOT TANK FILL

FFP

In the event either LN2 tank is emptied completely and allowed to warm to ambient temperature, the contractor shall perform up to one warm fill of the tank per year at no additional cost to the government.

This is an Option Item only and in no way are purchased or guaranteed under the resulting contract. Work cannot be started or performed under the Option without Option exercised by Contracting Officer in accordance with FAR Clause 52.217-7

VAR I.

PoP of 1 year from date of option exercise.

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 0004 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 1 yr. ADC 70,000 NAVAL UNDERSEA WARFARE CENTER

RECEIVING OFFICER

ATTN: DIVISION KEYPORT SUPPLY

OFFICER

BLDG 893

610 DOWELL STREET

KEYPORT WA 98345-7610

360 396-2760

N00253

0002 1 yr. ADC 10 (SAME AS PREVIOUS LOCATION)

0003 1 yr. ADC 1 (SAME AS PREVIOUS LOCATION)

0004 1 yr. AOE 1 (SAME AS PREVIOUS LOCATION)

1001 1 yr. AOE 70,000 (SAME AS PREVIOUS LOCATION)

1002 1 yr. AOE 10 (SAME AS PREVIOUS LOCATION)

1003 1 yr. AOE 1 (SAME AS PREVIOUS LOCATION)

1004 1 yr. AOE 1 (SAME AS PREVIOUS LOCATION)

2001 1 yr. AOE 70,000 (SAME AS PREVIOUS LOCATION)

2002 1 yr. AOE 10 (SAME AS PREVIOUS LOCATION)

2003 1 yr. AOE 1 (SAME AS PREVIOUS LOCATION)

2004 1 yr. AOE 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

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 52.204-21 Basic Safeguarding of Covered Contractor Information

Systems

NOV 2021

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-15 Defense Priority And Allocation Requirements APR 2008 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

DEC 2022

52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (Deviation 2023-O0008)

OCT 2023

52.217-5 Evaluation Of Options JUL 1990 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

OCT 2022

52.219-28 Post-Award Small Business Program Rerepresentation SEP 2023 52.222-3 Convict Labor JUN 2003 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-3 Protest After Award AUG 1996 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

FEB 2009

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.211-7003 Item Unique Identification and Valuation JAN 2023 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors

JAN 2023

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

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023 252.225-7036 Buy American--Free Trade Agreements--Balance of

Payments Program--Basic

JAN 2023

252.225-7048 Export-Controlled Items JUN 2013 252.225-7053 Representation Regarding Prohibition on Use of Certain

Energy Sourced from Inside the Russian Federation

AUG 2021

252.225-7054 Prohibition on Use of Certain Energy Sourced from Inside the Russian Federation

JAN 2023

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

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)

MAY 2020

252.227-7015 Technical Data--Commercial Products and Commercial Services

MAR 2023

252.227-7037 Validation of Restrictive Markings on Technical Data JAN 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

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

Personnel

JAN 2023

252.244-7000 Subcontracts for Commercial Products or Commercial Services

JAN 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

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

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

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

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

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

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

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

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

(i) For covered equipment--

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

(End of provision)

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

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

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

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

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

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

"Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

"Forced or indentured child labor" means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

"Inverted domestic corporation" means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except--

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.

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

"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

"Sensitive technology"--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern--

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

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

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

"Small business concern"--

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

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

CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1001", means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

"Women-owned small business concern" means a small business concern--

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

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

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

(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(4) 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 124.1002.

(5) 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.

(6) 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: ___ .

(7) 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: ___ .]

(8) 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.

(9) 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: _________

(10) 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.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) 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) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation, and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) 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.