N32253-22-Q-0089 Gas Chromatographs.pdf

SEE ADDENDUM

(No Collect Calls)

N3225322Q0089 22-Sep-2022

b. TELEPHONE NUMBER

808-473-8000 EXT. 5370

8. OFFER DUE DATE/LOCAL TIME

08:00 AM 26 Sep 2022

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N322539. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MONICA L NAPOLEON

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

PEARL HARBOR NAVAL SHIPYARD & IMF

ATTN: MONICA NAPOLEON

667 SAFEGUARD STREET., STE 100, C410

JBPHH HI 96860-5035

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 EXT 5370 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$22,000,000

NAICS:

811219

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)

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.

N3225322Q0089

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

1 Job

Preventative Maintenance and Repair

FFP

Preventative Maintenance and Repair of Gas Chromatographs, Wasson ECE Instrumentation FOB: Destination

PSC CD: J066

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

1 Job

OPTION Preventative Maintenance and Repair

FFP

Option One: Preventative Maintenance and Repair of Gas Chromatographs, Wasson ECE Instrumentation

PSC CD: J066

NET AMT

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 30-SEP-2022 TO

29-SEP-2023

N/A PEARL HARBOR NAVAL SHIPYARD &

IMF

SEE PERFORMANCE WORK STATEMENT

667 SAFEGUARD STREET

PEARL HARBOR HI 96860-5033

N32253

1001 POP 30-SEP-2023 TO

29-SEP-2024

N/A (SAME AS PREVIOUS LOCATION)

N32253

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

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Preventive Maintenance and Repair of Gas Chromatographs – Wasson ECE Instrumentation

1. Background: October 2016, the Pearl Harbor Naval Shipyard and Intermediate Maintenance Facility (PHNSY & IMF) Code 134 Laboratory Division acquired two (2 ea.) Agilent 7890 GC systems, one (1 ea.) Agilent 7697A Headspace autosampler and one (1 ea.) OI Analytical XSD 5360 detector from Wasson ECE Instrumentation.

Gas chromatography (GC) is an advanced analytical tool used for separating chemicals in a mixture. Gas chromatographs pass samples through a column on which the various compounds separate as a function of chemical and physical properties that affect their interaction with the column matrix. Affinity for this matrix and the intensity of signal detected as a compound exits the column, allows for qualitative and quantitative examination of chemicals present in trace amounts.

The complexity and sensitivity of these instruments require compatible, performance verified materials and technically competent service engineers to maintain optimum performance, preserve the Government’s investment, and ensure personnel safety. Services must be provided in a timely manner, as analytical downtime impacts the mission essential functions of U.S. naval vessel and shore-based commands.

2. Scope/Objective: This scope/objective applies to the base contract and One (1) option year.

PHNSY & IMF Code 134 requires contractor support services to perform the required annual preventive maintenance and repairs on the two (2 ea.) Agilent 7890 GC systems, one (1 ea.) Agilent 7697A Headspace autosampler and one (1 ea.) OI Analytical XSD 5360 detector to ensure reliable and uninterrupted analytical services to the U.S. naval vessels and shore based commands.

Specific equipment under the scope of the PWS include the following:

2 - each - Agilent 7890B Gas Chromatograph (GC), 2 each. Systems, Serial No. US16443011-WSN 161235 and US16443022-WSN 161236.

1 - each - Agilent 7697A Headspace autosampler, Serial No. CN16440030-WSN 161236HS

1 - each - OI Analytical XSD 5360 detector, Serial No. C632553343

3. Performance Work Specification:

Contractor Qualifications and Requirements. The contractor shall be an authorized current Original Equipment Manufacturer (OEM) approved source capable of performance for Wasson ECE Instrumentation. Contractor personnel must be trained and certified to work on OEM equipment.

3.1. Preventive Maintenance (PM): The Contractor shall perform one (1), on-site Preventative Maintenance on Government-owned items listed in paragraph, “2. Scope/Objective” in accordance with current Original Equipment Manufacturer (OEM) guidelines.

3.1.1. Unless otherwise specified in the PWS, the Contractor shall provide all necessary resources in the course of performance, which includes, but is not limited to, engineering, cleaning, adjustments, replacement of OEM factory-certified consumables, functional/operational tests, technical support inquiries, basic consumables, and software updates.

3.1.2. Should the contractor, determine that additional parts and repairs services are necessary to restore the unit to full operational status, and beyond the scope of OEM preventive maintenance guidelines, the Contractor shall provide a detailed written report to the Technical Point of Contact (TPOC), identifying the problems, required parts, and necessary services to restore the unit to full operational status.

3.1.3 Travel: Travel is included in the estimated costs of the contract. All travel of Contractor personnel and related expenses are inclusive of performance.

3.1.4. Any travel required by the Contractor during the course of performance shall be in accordance with the Joint Travel Regulations (JTR) and Federal Acquisition Regulations (FAR) 31.205-46.

3.2. Repairs:

3.2.1. The Contractor shall repair the unit if Preventive Maintenance does not restore to OEM design specifications.

3.2.2. Parts and supplies provided under this contract shall be guaranteed to be equal in all respects, including performance, interchangeability, durability and quality to the OEM parts when new or as presently recommended by the manufacturer.

3.2.3. All parts on the instrument that are not in the exclusion (paragraph 3.5) are covered.

3.2.4. When requested, the Contractor shall provide up to three (3) on demand on-site service visits per year with a maximum five business day response time.

3.3. Technical Support: The Contractor shall provide technical support through software updates, software notifications, and troubleshooting assistance.

3.4. Service Report: The Contractor shall provide a report no later than five (5) business days following service, detailing the nature of the work performed; any parts replaced and operational test results to ensure performance within OEM tolerances and specifications; any upgrades or modifications; and other pertinent information concerning the condition of the equipment to the COR.

3.5. Exclusion: Coverage excludes sampling systems, data collection systems, and OFID reactors. Mass spectrometer detector coverage, if any, includes one annual source cleaning with replacement of the filaments.

Consumables are not covered.

3.7. Other Performance Work Specification Requirements.

3.7.1. The contractor shall support the shipyard’s work schedule such that services and deliverables of this contract are subservient to PHNSY&IMF mission operations and associated security requirements, while conducting work in and around the installation.

3.7.2. The contractor shall provide and is responsible for all labor, management, supervision, coordination, quality control, quality assurance, quality management, safety management, material, equipment, and transportation necessary to perform the requirements. The contractor shall ensure adequate resources are dedicated to comply with the standards, guidelines and procedures as stated to satisfy the requirements in this contract.

3.7.3. The contractor shall work in accordance with the PWS issued by the Contracting Officer (KO). Should the contractor be instructed by an individual other than the KO to perform work that it considers a change to the PWS, the contractor shall not perform such work and shall immediately notify the KO and/or Contracting Officer’s Representative (COR) in accordance with the notification of changes clause, FAR 52.243-1 Alt 1.

3.7.4. Contractors shall execute work in accordance with the PWS, Technical Work Documents (TWDs), including Task Group Instructions (TGIs), and other technical direction.

3.7.5. Contractor shall perform in accordance with all applicable Federal, State, Country, City, and local statutes and regulations.

4.0. Service Delivery Summary.

Performance Requirement

PWS

Paragraph

Performance Threshold

Performance Measurement

4.1 Performance

Preventive Maintenance

Paragraph 3.1 100% Delivery and Compliance

Assessment by the government representative

4.2 Perform Repairs Paragraph 3.2 100% Delivery and

Compliance

Assessment by the government representative

4.3 Provide Technical

Support

Paragraph 3.3 100% Delivery and Compliance

Assessment by the government representative

4.4 Service Report Paragraph 3.4 100% Delivery and

Compliance

Submission to the government representative within five (5) business days following service

4.5 Quality Control Plan Paragraph 5.0 100% Delivery and

Compliance

First day of contract performance

5.0. Quality Assurance.

5.1. The Contractor is responsible for implementing and maintaining a Quality Control Plan (QCP) that identifies and results in the correction of potential and actual problems. The QCP shall be implemented on the first day of contract performance and a copy of QCP shall be provided to the government representative prior to contract performance.

5.2. The QCP shall outline the Contractor’s plan to ensure the quality of deliverables as outlined in this PWS.

The QCP shall address contractor performance, and corrective actions, should the review(s) identify areas requiring remedial action.

5.3. The Contractor shall keep records of any inspections and corrective actions taken, as outlined in the QCP and shall make such records available to the COR upon request.

6.0. Government Furnished Services. Electricity, water, and equipment required gases will be available in order to perform troubleshooting and performance testing.

7.0. Government-Furnished Equipment. None provided. The government will not provide any additional material, or government furnished equipment as part of this PWS.

8.0. Place of Performance. Items listed in, “2.0 Scope/Objectives” are located at PHNSY & IMF, Code 134 Quality Assurance Department Laboratory Division, Bldg. 1443, 1st floor, inside the Controlled Industrial Area

(CIA).

9.0. Shifts and Holidays. Regular working hours shall consist of an 8 hour period. Shifts are: 1st shift 0630 – 1500 hours; 2nd shift 1430 – 2300 hours; 3rd shift 2230 – 0700 hours; Monday through Friday, excluding 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 5th Monday in May Juneteenth Day June 19th in June Independence Day 4th of July Labor Day 1st Monday in September Columbus Day 2nd Monday in October Veteran's Day 11th of November Thanksgiving Day 4th Thursday in November Christmas Day 25th of December

10.0 . Security.

10.1. The contractor’s employees must be a U.S. citizen and registered with the Defense Biometric Identification System (DBIDS). Sufficient time shall be allowed by the contractor to obtain the necessary badges prior to work.

10.2. The contractor will coordinate with the TPOC or COR to obtain a DBIDS pass located at:

Nimitz Visitor Control Ctr. / Pass & ID 1250 South Drive, Honolulu, HI 96818 Joint Base Pearl Harbor-Hickam, Hawaii https://www.cnic.navy.mil/regions/cnrh/installations/jb_pearl_harbor_hickam/om/pass_and_id.html

10.3. Prior to the start of work, the contractor shall provide the COR on company letterhead, a request for access.

The request for access shall include the following information: full name, social security number, date of birth, place of birth, and citizenship.

10.4. The contractor shall verify and certify the request for personnel access. Contractor shall have supporting records on file if required for examination.

10.5. Each contract employee requesting access shall complete form SECNAV 5512/1, latest revision. 5512/1 form shall be word processed. Signature and initials shall be written in black ink.

10.6. Contractor personnel must meet the requirements for unescorted entry, green badge, to PHNSY&IMF areas. Escorted access to CNIAs and NWAs must be coordinated with the cognizant Department Security Coordinator to ensure that the area is sanitized and the escort is properly briefed/knowledgeable of the area. The contractor shall follow the applicable requirements listed below in paragraph 12.0 Attachments and brief their personnel to ensure compliance. Non-compliance with applicable terms in Attachments is a material violation of the contract.

10.7. Should contractor personnel receive or suspect they have learned classified information beyond their level of clearance, the contractor shall identify and immediately report suspicions to the COR.

10.8. This contract does not require a security clearance level and clearance granted by the Defense Security Service (DSS).

10.9. Contractor shall comply with Security requirements specified in Appendix III latest revision.

10.10. Contractor personnel shall not provide any services determined to be inherently Governmental functions as identified under Federal Acquisition Regulation (FAR) Subpart 7.5. Furthermore, contractor personnel shall not provide personal services as identified under FAR 37.104. The Contractor shall provide notice to the COR immediately upon awareness of any services provided that are determined to be inherently governmental functions and/or personal services.

10.11. Contractor personnel shall not establish an employee-employer relationship with Government personnel.

10.12. When performing work associated with this PWS, the Contractor shall make clear to all individuals they deal with that they are contract employees and not DOD employees. Contractor employees shall clearly identify themselves as a Contractor (e.g., company shirt, pin, visible company identification) in a visible location on the front of exterior clothing and above the waist (except when safety or health reasons prevent such placement) as to who their employer is. Identification badges shall be worn at all times when performing work.

10.13. Contractor personnel shall not manage, supervise, or task Government employees or military personnel.

Contractor personnel shall not make any commitment to non-Government personnel, including foreign officials, which commit the expenditure of U.S. Government resources.

11.0. Safety and Environmental. The contractor and its subcontractors shall comply with Public Law 91-596 (Occupational Safety and Health Act (OSHA)) and the Environmental, Safety, and Occupational Health (ESOH) (DODD 4715.1E). These requirements shall be incorporated into the contractor's safety and health program. The Department of Defense (DOD) participates in the OSHA Voluntary Protection Program (VPP). Contractor personnel performing services on a DOD installation shall participate in the local VPP. Information on the VPP is available at http://www.osha.gov/dcsp/vpp/index.html.

11.1. Contractor shall comply with, “Safety and Health Work Practices for Contractors Working with PHNSY &IMF,” Appendix I latest revision.

11.2. Contractor shall comply with, “Contractor Environmental Specification Guidelines” for PHNSY & IMF, Appendix II latest revision.

12.0 . Attachments

APPENDIX I – SAFETY AND HEALTH WORK PRACTICES FOR CONTRACTORS WORKING WITH

PEARL HARBOR NAVAL SHIPYARD AND INTERMEDIATE MAINTENANCE FACILITY (PHNSY & IMF)

(8 July 2021)

APPENDIX II –ENVIRONMENTAL PROTECTION GUIDELINES for CONTRACTORS on FACILITES PROJECTS (REV 16 Oct 2019)

APPENDIX III – CONTRACTOR SECURITY REQUIREMENTS FOR PHNSY & IMF’S CONTROLLED

INDUSTRIAL AREA, CONTROLLED NUCLEAR INFORMATION AREAS, AND/OR OTHER SENSITIVE

AREAS (REV JUN 2021)

APPENDIX IV - OPERATIONS SECURITY (OPSEC) CONTRACT REQUIREMENTS (21 MAR 2022)

REQUIREMENT

Contractors shall meet the requirements of all solicitation and award attachments

CLAUSES INCORPORATED BY REFERENCE

52.204-2 Security Requirements MAR 2021 52.204-7 System for Award Management OCT 2018 52.204-8 Annual Representations and Certifications MAY 2022 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

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

NOV 2021

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

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

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

FEB 2016

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

NOV 2021

ADDENDUM TO FAR 52.212-1

Quote Preparation Instructions:

The Offeror shall submit a proposal for consideration no later than the due date and time listed in this solicitation.

The Offeror shall submit their proposal in a format readable by Microsoft (MS) Word 2010, Adobe Acrobat X Pro, MS Excel 2010, and MSPower Point 2010.

All offers shall meet all the requirements set forth in the solicitation. In order to evaluate Price Reasonableness, additional cost information may be requested to supplement the Government’s evaluation.

Offerors shall submit the following with their proposal:

a. Submit a completed and signed copy of the solicitation indicating agreement to the provisions and clauses therein. Each offeror shall annotate the unit price per CLINS and the corresponding total. Additionally, offerors are to fill out the following clauses in the solicitation:

- 52.204-24

- 52.204-26

b. All offerors are to acknowledge the solicitation and any amendments. If an offeror is registered in SAM (System for Award Management), they must acknowledge 52.212-3(b)(2).

c. Submit a written Technical Approach in accordance with the Performance Work Statement (PWS).

Describe in detail your company's approach to meeting all of the tasks required by the PWS, limit five (5) pages.

The Offeror shall submit their proposal electronically via email to the designated POCs below:

Monica L. Napoleon – monica.l.napoleon@navy.mil

CLAUSES INCORPORATED BY REFERENCE

52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2021

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.219-1 Alt I Small Business Program Representations (SEP 2021)

Alternate I

SEP 2015

52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-25 Affirmative Action Compliance APR 1984 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

NOV 2021

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

52.242-15 Stop-Work Order AUG 1989 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights 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

252.204-7016 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 2021

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7021 Contractor Compliance with the Cybersecurity Maturity

Model Certification Level Requirement

NOV 2020

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

MAY 2019

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

JAN 2018

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

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 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 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

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)

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

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV

2021)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

(i) Technical

(ii) Price

Award will be made to the responsive and responsible offeror determined to be the Lowest Price Technically Acceptable (LPTA) offer.

(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 https://www.sam.gov/ 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.

ADDENDUM TO FAR 52.212-2

EVALUATION

Basis for contract award - This acquisition is being conducted under FAR Parts 12 and 13. Quotes will be evaluated using the factors identified in FAR 52.212-2, Evaluation – Commercial items and this Addendum.

Award will be made utilizing a Lowest Price Technically Acceptable (LPTA) source selection method.

Specifically, the evaluation process shall proceed as follows:

First, the quotes will be ranked in order from lowest to highest based on the price. The lowest priced quotation will then be evaluated and receive a rating of Acceptable or Unacceptable based on the criteria below. In order to be rated as Acceptable, the Technical quote must meet the government's minimum requirements as described in the schedule, the 52.212-1 provision, and this 52.212-2 Addendum provision. Quotes deemed Unacceptable are those that fail to meet the Government's minimum requirements.

If the lowest priced quoters Technical quote and past performance are rated acceptable, the government will then evaluate pricing to determine fair and reasonableness per FAR 13.106-3.

If the lowest priced quotation is evaluated to have an acceptable technical quote, acceptable past performance, and fair and reasonable prices, per FAR 13.106-3, the Government will complete a responsibility determination IAW the criteria specified in FAR 9.104-1. If found responsible, the Government may stop the evaluation process at this point as that quote represents the best value to the Government. Award shall be made to that quoter without further consideration of any other quotes.

Factor 1: Technical Acceptability

TECHNICAL RATINGS

TECHNICAL RATINGS

RATING DESCRIPTION

Acceptable Quote meets the requirements of the solicitation and clearly demonstrates thorough knowledge and understanding of, and approach to, accomplishing each paragraph listed in the PWS.

Unacceptable Quote does not meets the requirements of the solicitation and clearly demonstrates thorough knowledge and understanding of, and approach to, accomplishing each paragraph listed in the PWS.

Note: In the case of a quoter without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the quoter may not be evaluated favorably or unfavorably on past performance. Therefore, the quoter shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

Factor 2: Price

In order to be considered for award, price must be determined fair and reasonable and balanced (or if unbalanced pricing exists that it does not pose an unacceptable risk to the government) using one or more techniques set forth in

FAR 13.106-3.

The Government reserves the right to award no contract at all depending on the quality of the quotes submitted and availability of funds for the requirement. The Government intends to evaluate quotes and award a single contract without requesting or accepting revised quotes. Therefore, the quoters will be advised that their initial quote should contain the most favorable terms and reflect its best possible performance potential. The Government does reserve the right to clarify aspects of the quotes and hold discussions, if deem necessary.

(End of provision addendum)

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

COMMERCIAL SERVICES (MAY 2022)

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.

“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 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.

(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 124.1002, 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 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…