N32253-20-Q-0057 SOLICITATION.pdf

SEE ADDENDUM

(No Collect Calls)

N3225320Q0057 24-Jun-2020

b. TELEPHONE NUMBER

808-473-8000 X6149

8. OFFER DUE DATE/LOCAL TIME

05:00 AM 08 Jul 2020

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.

N322539. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

KIM A HALSELL

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

PEARL HARBOR NAVAL SHIPYARD & IMF

667 SAFEGUARD ST., STE 100,

JBPHH HI 96860-5033

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 N32253 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

PEARL HARBOR NAVAL SHIPYARD & IMF

SEE PERFORMANCE WORK STATEMENT

667 SAFEGUARD STREET

PEARL HARBOR HI 96860-5033

TEL: FAX:

FAX:

TEL: 808-473-8000 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$8,000,000

NAICS:

811310

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF38

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.

N3225320Q0057

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

1 Job

Amada Laser Cutter Service

FFP

Manufacturer Trained Certified Technician required to repair the Amada America Laser Cutter 2005 Model Number: LC2415A3NT, Serial Number: 35580915, to a fully operational condition, provide annual preventive maintenance, repair, calibration, and remedial service, to include an inspection report of work performed in accordance with the Performance Work Statement.

FIP:

FOB: Destination

PSC CD: J049

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

1 Job

OPTION Amada Laser Cutter Service

FFP

Manufacturer Trained Certified Technician required to repair the Amada America Laser Cutter 2005 Model Number: LC2415A3NT, Serial Number: 35580915, to a fully operational condition, provide annual preventive maintenance, repair, calibration, and remedial service, to include an inspection report of work performed in accordance with the Performance Work Statement.

FIP:

FOB: Destination

PSC CD: J049

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

1 Job

OPTION Amada Laser Cutter Service

FFP

Manufacturer Trained Certified Technician required to repair the Amada America Laser Cutter 2005 Model Number: LC2415A3NT, Serial Number: 35580915, to a fully operational condition, provide annual preventive maintenance, repair, calibration, and remedial service, to include an inspection report of work performed in accordance with the Performance Work Statement.

FIP:

FOB: Destination

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

1 Job

OPTION Amada Laser Cutter Service

FFP

Manufacturer Trained Certified Technician required to repair the Amada America Laser Cutter 2005 Model Number: LC2415A3NT, Serial Number: 35580915, to a fully operational condition, provide annual preventive maintenance, repair, calibration, and remedial service, to include an inspection report of work performed in accordance with the Performance Work Statement.

FIP:

FOB: Destination

PSC CD: J049

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

1 Job

OPTION Amada Laser Cutter Service

FFP

Manufacturer Trained Certified Technician required to repair the Amada America Laser Cutter 2005 Model Number: LC2415A3NT, Serial Number: 35580915, to a fully operational condition, provide annual preventive maintenance, repair, calibration, and remedial service, to include an inspection report of work performed in accordance with the Performance Work Statement.

FIP:

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 18-SEP-2020 TO

17-SEP-2021

N/A PEARL HARBOR NAVAL SHIPYARD &

IMF

SEE PERFORMANCE WORK STATEMENT

667 SAFEGUARD STREET

PEARL HARBOR HI 96860-5033

N32253

1001 POP 18-SEP-2021 TO

17-SEP-2022

N/A (SAME AS PREVIOUS LOCATION)

2001 POP 18-SEP-2022 TO

17-SEP-2023

N/A (SAME AS PREVIOUS LOCATION)

3001 POP 18-SEP-2023 TO

17-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

4001 POP 18-SEP-2024 TO

17-SEP-2025

N/A (SAME AS PREVIOUS LOCATION)

PERFORMANCE WORK STATEMENT

Pearl Harbor Naval Shipyard And Intermediate Maintenance Facility

Amada America Laser Cutter

Preventive Maintenance Inspection and Remedial Services

1. BACKGROUND:

1.1. Pearl Harbor Naval Shipyard & Intermediate Maintenance Facility (PHNSY & IMF) is a US Navy regional industrial center that maintains, overhauls, and repairs various vessels of the US Navy. Its industrial operations provide the US Naval forces with a wide range of services and resources located on the island of Oahu, Hawaii, with direct and indirect support to SSN 688 and 774 class submarines, surface vessels, and shore based activities in the Pacific.

2. OBJECTIVE & SCOPE:

2.1. The Contractor shall supply a Manufacturer Trained Certified Technician to repair the Amada America Laser Cutter 2005 Model Number: LC2415A3NT, Serial Number:

35580915, to a fully operational condition. The Contractor shall provide annual preventive maintenance, repair, calibration, and remedial service, to include an inspection report of work performed.

2.2. Optional Service. The Contractor may be asked to re-locate the machine at a future date, and provide installation, system function test, as required. Only a Contracting Officer is authorized to order this service within the period of performance. COR will work with Contractor to schedule completion within 12 weeks of request.

3. PERFORMANCE REQUIREMENTS:

3.1. Preventive Maintenance: The Contractor shall provide all management, labor, tools, materials, supplies, equipment and transportation to repair and conduct on-site, preventive maintenance service of the Amada America Laser Cutter, in accordance with current Original Equipment Manufacturer (OEM) guidelines. The Contractor shall only authorize a U.S. citizen, OEM trained technician, not a sub-contract technician. The Contractor shall notify the government if any equipment covered under this contract cannot be restored to operational status within the contract period. The Contractor shall create complete system backups, prior to and after any configuration changes to hardware and software to ensure no loss of data. All software upgrades, if required, shall be provided to include applicable software licensing agreements.

3.1.1. The Contractor shall provide two, routine, on-site preventive maintenance services, within the period of performance, which shall be scheduled at least four-weeks in advance with the Government.

3.1.2. Provide unlimited direct phone service support with field service engineer, during Contractor’s business hours, in a timely manner, to address the aging machines frailties, nuances, error readings, and the need for continuous, uninterrupted, preventive maintenance service.

3.1.3. Clean and calibrate system to Amada’s specifications and perform function test of CO2’s, according to processes developed by Amada, to verify equipment is operating within specified requirements.

3.1.4. Preventive Maintenance Parts: Parts that are replaced during preventive maintenance service, shall be included at no additional cost to the government.

Materials used shall be new and not refurbished or reconditioned materials.

3.1.5. Any remedial repairs identified during the preventive maintenance shall be accomplished, if the completion of the repair is possible during the on-site PM visit.

3.2. Warranty:

3.2.1. Provide unlimited on-site service, if Contractors direct phone service does not accomplish restoration of the unit.

3.2.2. Provide Fanuc parts (excluding 200 and 3000 series) as needed, including Servo motors, power supply and PC boards.

3.2.3. Provide oil change on turbo and vacuum pump as needed.

3.3. Reports: The Contractor shall provide an inspection report no later than 1 month after completion of the service. The report shall detail the nature of the work performed, problems identified during preventive maintenance, remedial repair actions, parts or materials replaced, to include part number and prices, any upgrades or modifications, and an assessment of the overall condition of the equipment. The report shall include the name of the technician, date the service was performed, identification and location of the equipment. If a repair cannot be completed during the on-site visit, the Contractor shall provide a report to include the equipment identification, description of the repair needed, the time and costs to accomplish the work.

3.4. Remedial Repair Parts: Parts that are replaced as part of the remedial repair is to be issued on a separate purchase order, and approved by the government before purchase at government expense. Materials supplied shall be new and not refurbished or reconditioned materials.

3.4.1. Contractor shall transfer replacement parts and materials, to PHNSY & IMF for proper disposal.

3.4.2. Hazardous Waste and scrap metals shall be transferred to PHNSY & IMF. For specific guidelines, and procedures governing the use and disposal of hazardous material or waste, direct all questions to the government.

3.5. Labor, airfare, lodging, rental car, per diem, shall be included. Travel shall be in accordance with current Department of Defense (DoD), Joint Travel Regulations and

Federal Acquisition Regulations (FAR) 31.204-46. Travel receipts shall be provided upon request.

3.6. Service Delivery Summary:

Performance Requirement PWS Paragraph Performance Threshold

1. Conduct on-site inspection and preventive maintenance service.

3.1, 3.1.1. 100% delivery and compliance

2. Provide unlimited phone service support.

3.1.2. 100% delivery and compliance

3. Provide preventive maintenance parts.

3.1.3. 100% delivery and compliance

4. Provide warranty. 3.2. 100% delivery and compliance

5. Provide reports. 3.3. 100% delivery and compliance

6. Remedial Repair Parts 3.4. 100% delivery and compliance

7. Removal and disposal of replacement parts and materials.

3.4.1. 100% delivery and compliance

8. Transfer hazardous waste and scrap metals to PHNSY & IMF.

3.4.2. 100% delivery and compliance

4. QUALITY ASSURANCE:

4.1. The Contractor shall be responsible for maintaining and implementing a Quality Control

Plan (QCP), to ensure that the work performed meets or exceeds the requirement of this PWS, and results in the prevention of potential and correction of actual problems. The QCP shall address what will be reviewed and shall outline any remedial actions warranted by the review. The QCP shall be implemented upon contract performance.

4.2. The Contractor shall maintain records of reviews and actions taken per the QCP, and shall make such records available to the government upon request.

5. GOVERNMENT FURNISHED PROPERTY:

5.1. The Government will provide all the required amount of electricity needed to perform the preventive maintenance service, tooling and testing of the equipment.

5.2. Removal and disposal of hazardous waste and scrap metals, to include used lubricants, coolants, and cleaning solutions generated from the service of the equipment.

5.3. No other property, utilities, or services will be provided.

6. CONTRACTOR QUALIFICATIONS:

6.1. The Contractor shall be an authorized, Original Equipment Manufacturer (OEM) trained, certified technician, not a sub-contract technician, to troubleshoot, repair, and perform preventive maintenance service on the Amada America Laser Cutter machine:

Model Number: LC2415A3NT, Serial Number 35580915.

6.2. The Contractor shall have a valid driver’s license and a vehicle pass for base access.

6.3. In accordance with current Department of Defense and Homeland Security requirements, performance of all work under this contract is restricted to U.S. citizens and U.S.

nationals only. The Contractor shall provide proof of this requirement upon request by the government.

6.4. Contractor personnel shall clearly identify themselves as a Contractor (e.g. company shirt, pin, visible company identification, in a visible location on the front exterior clothing and above the waist except when safety or health reasons prevent such placement) as to who the person is. Identification badges shall be worn at all times when travelling to work site and while performing work.

6.5. Work will be performed on-site at PHNSY & IMF. No work on official government holidays.

6.6. Portable Electronic Devices (PEDs), including pagers, mobile/cellular, telephones (with/without cameras), personal digital assistants/job performance aids, laptops, notebook/handheld computers, digital imagery (still video) devices, analog/digital sound records(e.g. iPods), video game devices, USB devices and devices of similar capability, functionality or design. The Contractor shall strictly comply with PHNSY & IMF procedures and policies concerning the use and possession of PEDs while working in the Controlled Industrial Area (CIA).

6.7. Photography and photographic equipment are prohibited at PHNSY & IMF. This includes personal cell phones with camera features. The Contractor is advised that written requests concerning justification and details shall be submitted to the Security Office (Code 1125) via the POC for approval.

7. SECURITY REQUIREMENTS:

7.1. In accordance with current DoD and Homeland Security Requirements, performance of all work under this contract is restricted to U.S. citizens and U.S. nationals only. U.S.

citizens of a foreign owned, controlled, and/or influenced (FOCI) company are considered foreign nationals and special authorization would be required for escorted access to PHNSY & IMF spaces. After contract award, the Contractor shall provide to the government, on company letterhead a request for access of all personnel working on this contract and include the following information: full name, Social Security number, date of birth, and citizenship. The Contractor shall state that the information has been verified, filed, and available for examination by the Government upon request.

7.2. The provisions of these security requirements are applicable to all Shipyard & IMF areas outside of the Controlled Industrial Areas (CIAs), excluding Dry Dock 4.

(Appendix III, Security Requirements Applicable for Pearl Harbor Naval Shipyard & IMF’s Contracted Work Outside of the Controlled Industrial Area (CIA), (Revision March 2015).

7.2.1. For escorted access to non-CIA spaces: White (ER) badges authorize access to PHNSY & IMF non-industrial, non-sensitive areas only. It does not authorize access into the CIA, classified areas, and NWA’s.

7.3. Security requirement are applicable to the prime contractor as well as to all subcontractors and suppliers there under.

7.4. For frequent access to Shipyard & IMF spaces, Security Access Control Badges are required. Three weeks prior to entry into the Shipyard & IMF spaces outside of the CIA, officials from the contractor, subcontractors, and suppliers shall complete all applicable items on Part 1 of the Contractor Visit Request, to Pearl Harbor Naval Shipyard & IMF (VR) (PH-SYD IMF 55512/28) form and submit it to the Government Contracting Agency (GCA) or designated Contracting Officer’s Representative (COR) for completion of Part 2. The GCA/COR will then forward the VR to the Shipyard & IMF Sponsor for completion of Part 3 no later than two weeks prior to the visit. The Shipyard & IMF Sponsor will submit the VR to the Shipyard & IMF Pass and Identification Office (Pass and ID) no later than one week prior to entry into the Shipyard. The VR must include country of citizenship. Entry into Shipyard & IMF spaces for US citizen personnel from companies without FOCI, may be authorized by the Security Officer (Code 1120).

7.5. Ensure that all employees wear and display the Shipyard & IMF badge in the chest area at all times while entering, remaining in, and exiting Shipyard & IMF spaces.

7.6. Ensure that each badge is used only by the specific individual named on the badge.

7.7. Maintain strict accountability over identification badges and passes issued by the Pass and ID office. Report immediately, to the Pass & ID Office, any badges/passes that are missing or lost and the circumstances. Return badges/passes to the GCA immediately upon termination of any employee, upon expiration, upon completion of contract, or when no longer required. The GCA will ensure that all badges/passes are returned and forwarded to the Shipyard & IMF Pass and ID Office (Code 1125.2).

7.8. The Pass and ID Office is located in Building 207 at Safeguard Street and Russell Avenue.

8. CONTRACTOR PERSONNEL:

8.1 The Contractor shall furnish sufficient personnel to perform all work within this performance work statement. Contractor is required to comply with Public Law 105-270, Section 5(2) (A) of this Public Law defines the term “inherently governmental function” as “a function that is so intimately related to the public interest as to require performance by Federal Government employees.” Per Section 5(2) (B), inherently governmental functions include management of Governmental programs requiring value judgements, conduct of foreign relations, selection of program priorities, and the direction of intelligence and counter-intelligence operations. Per Section 5(2) (C), inherent governmental functions DO NOT include. (i) Gathering information for providing advice, opinions, recommendations, or ideas to Federal Government officials; or (ii) any function that is primarily ministerial and internal in nature.

8.2 Contractor personnel shall not establish an employee-employer relationship with

Government personnel under this contract.

8.3 Contractor shall not provide personal services.

8.4 Contractor personnel will make clear to all individuals they engage with that they are

Contractor employees and not Government employees. When participating and introducing themselves during official events wherein Government, non-Government, or foreign personnel are present, Contractor personnel will identify themselves as employers of the Contractor. Contractor personnel must be clearly identified (i.e., company shirt, pin, visible company ID, etc.) in a visible location as to who their employer is.

8.5 Contractor personnel shall not manage, supervise, or task Government employees or military personnel. Contractor personnel may not make any commitment to non- Government personnel, including a foreign official, which commits the expenditure of U.S. Government resources.

8.6 Normal business hours of operation are 6:30 a.m. through 3:00 p.m. with a 30-minute lunch break, Monday through Friday, excluding Federal Holidays. Any work beyond normal business hours, the Contractor must request authorization from the POC before performing work.

8.7 If a holiday falls on a Saturday, the holiday is observed on the preceding Friday. If a holiday falls on a Sunday, the holiday is observed on the following Monday.

8.8 Federal Holidays:

New Year’s Day 1st of January Dr. Martin Luther King’s Birthday 3rd Monday in January President’s Day 3rd Monday in February Memorial Day 4th or 5th Monday in May Independence Day 4th of July Labor Day 1st Monday in September Columbus Day 2nd Monday on October Veterans Day 11th of November Thanksgiving Day 4th Thursday in November Christmas Day 25th of December

9. PERIOD OF PERFORMANCE:

9.1. All work to be completed twelve months after award of the contract, on an annual basis for the base and four option years.

10. PLACE OF PERFORMANCE:

10.1. Building 72, Shop 17, Pearl Harbor Naval Shipyard, is located outside of the Controlled

Industrial Area (CIA), Pearl Harbor Hawaii. New location of movement to be determined.

11. POINT OF CONTACT: Contracting Officer.

12. ENTERPRISE –WIDE CONTRACTOR MANPOWER REPORTING APPLICATION:

12.1. The Contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the PHNSY & IMF via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

12.1.1. W, Lease/Rental of Equipment;

12.1.2. X, Lease/Rental of Facilities;

12.1.3. Y, Construction of Structures and Facilities;

12.1.4. S, Utilities ONLY;

12.1.5. V, Freight and Shipping ONLY.

12.2. The Contractor is required to completely fill in all required data fields using the following web address: https://emcra.navy.mil.

12.3. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs from October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractor may direct questions to the help desk, linked at https://emcra.navy.mil.

13. ATTACHMENTS: APPENDICES – Outside the CIA (Rev 6 Sep 2017)

13.1. Appendix I (Rev. September 6, 2017)

13.2. Appendix II (Rev. January 17, 2013)

13.3. Appendix III (Rev. Mar 2015)

CLAUSES INCORPORATED BY REFERENCE

52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-2 Security Requirements AUG 1996 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2018

52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

JUN 2016

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

JUL 2018

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

AUG 2019

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

OCT 2015

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-1 Instructions to Offerors--Commercial Items MAR 2020 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.212-5 Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items

MAR 2020

52.219-28 Post-Award Small Business Program Rerepresentation MAY 2020 52.222-3 Convict Labor JUN 2003 52.222-17 Nondisplacement of Qualified Workers MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-41 Service Contract Labor Standards AUG 2018 52.222-50 Combating Trafficking in Persons JAN 2019 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-23 Assignment Of Claims MAY 2014

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

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 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

52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 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

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.

JAN 2018

252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7048 Export-Controlled Items JUN 2013 252.231-7000 Supplemental Cost Principles DEC 1991 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 Items JUN 2013 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.

(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)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2020)

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. 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.

“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” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, 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 $750,000 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 the stock of which 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 its stock is owned by one or more women; or

(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.

(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 Items, 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 will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(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 it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(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 concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that--

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(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, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(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 either to the Equal Opportunity clause of this solicitation, the 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. 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) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “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

(List as necessary)

(3) 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) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms ``Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,'' ``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,'' ``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or…