N32253-23-Q-0033.pdf

SEE ADDENDUM

(No Collect Calls)

N3225323Q0033 31-Mar-2023

b. TELEPHONE NUMBER

(808) 473-8000 EXT. 4194

8. OFFER DUE DATE/LOCAL TIME

08:00 AM 14 Apr 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA 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

LYNN S IMPERIAL

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

SEE SCHEDULE

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

PHNSY & 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 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 808-473-8000 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

333413

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.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

8 Job

Gold Series Dust Collectors PM

FFP

Provide the required annual and quarterly maintenance, refurbishment, calibration, and certification for two (2) Gold Series Dust Collectors located at Building 7 and

12. The contractor shall provide quarterly standard preventive maintenance, 4 maintenance visits over a 12-month period. Diaphragm and solenoid kits are included; the filter costs are not.

FOB: Destination

PURCHASE REQUEST NUMBER: N3225323RC97002

PSC CD: J049

NET AMT

OPTION Gold Series Dust Collectors PM

FFP

Provide the required annual and quarterly maintenance, refurbishment, calibration, and certification for two (2) Gold Series Dust Collectors located at Building 7 and

12. The contractor shall provide quarterly standard preventive maintenance, 4 maintenance visits over a 12-month period. Diaphragm and solenoid kits are included; the filter costs are not.

FOB: Destination

PURCHASE REQUEST NUMBER: DOCN3225323RC97002

FFP

Provide the required annual and quarterly maintenance, refurbishment, calibration, and certification for two (2) Gold Series Dust Collectors located at Building 7 and

12. The contractor shall provide quarterly standard preventive maintenance, 4 maintenance visits over a 12-month period. Diaphragm and solenoid kits are included; the filter costs are not.

FOB: Destination

FFP

Provide the required annual and quarterly maintenance, refurbishment, calibration, and certification for two (2) Gold Series Dust Collectors located at Building 7 and

12. The contractor shall provide quarterly standard preventive maintenance, 4 maintenance visits over a 12-month period. Diaphragm and solenoid kits are included; the filter costs are not.

FOB: Destination

FFP

Provide the required annual and quarterly maintenance, refurbishment, calibration, and certification for two (2) Gold Series Dust Collectors located at Building 7 and

12. The contractor shall provide quarterly standard preventive maintenance, 4 maintenance visits over a 12-month period. Diaphragm and solenoid kits are included; the filter costs are not.

FOB: Destination

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 24-APR-2023 TO

23-APR-2024

N/A N/A

FOB: Destination

1001 POP 24-APR-2024 TO

23-APR-2025

2001 POP 24-APR-2025 TO

23-APR-2026

3001 POP 24-APR-2026 TO

23-APR-2027

4001 POP 24-APR-2027 TO

23-APR-2028

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

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

PEARL HARBOR NAVAL SHIPYARD AND INTERMEDIATE MAINTENANCE

FACILITY (PHNSY & IMF)

GOLD SERIES DUST COLLECTOR IN BLDG. 7/12 (GS36)

1. BACKGROUND

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 class and Virginia class submarines, surface vessels and shore based activities in the Pacific. To accomplish some of our work, there is a need for sound functioning equipment that requires maintenance and repairs.

2. OBJECTIVE AND SCOPE

PHNSY & IMF seeks a contractor to provide the required annual and quarterly maintenance, refurbishment, calibration, and certification for (2) Gold Series Dust Collectors located at Building 7 and 12.

3. PERFORMANCE REQUIREMENTS

The contractor shall provide quarterly standard preventive maintenance,watermark 4 maintenance visits over a 12-month period. Diaphragm and solenoid kits are included; the filter costs are not.

3.1 Service Delivery Summary Table A

Performance Element Performance Threshold

Participate in a team viewer session or conference calls with the shipyard's technical point of contact.

100% delivery and compliance

Provide annual and quarterly maintenance, refurbishment, calibration, and certification for two (2) Gold Series Dust Collectors as specified in paragraph 2.

100% delivery and compliance

3.2 PREVENTIVE MAINTENANCE TO INCLUDE THE FOLLOWING:

• 11 Point Cleaning System Check:

including controller calibration and yearly solenoid, diaphragm and plumbing replacement for cleaning system, air pressure settings and differential readings.

• Solenoids

• Diaphragm Valves

• Controller settings and operation

• Electrical settings

• Air pressure settings

• Filter regulator cleanout

• Airline leakage

• Differential pressure numeric

• Air header tank moister check

• Compressed air connections

• Pulse pipe alignments

• Premium Efficiency Fan Motor

Check: to include blower inspection for excessive vibrations, amp draw, drive belt checks and bearing vibrations.

• Dust Accumulation

• Leakage

• Cleaning

• 20 Point Bin Vent Check: including inspection of all seals and housing connections, check gaskets for abrasion issues where applicable.

• Abrasion issues

• Hardware and seam welds

• All caulk seals on housing

• Door gaskets

• Check clean air plenum for dust

• Cam bar operation

• Cam bar attachment brackets

• View filters for abrasion or manufacturing issues

• Sprinkler system leaks

• Clean spark baffles and inlet baffles

• X-vent seals and perforations

• Blower to bin vent connections

• Blower amp draw inspect blower operation vibration

• Grease bearings on blower

• Drive belts

• View ports

• Magnahelic gauge reading on after filter side

• Inspect door latch bracketry and hardware

• Inlet connections and cleanliness

• 12 Level Hopper and Support

Module Check: to include check of all seal connections and maintenance on discharge equipment.

• Hopper to Bin Vent connection (leaks and bolt connection)

• Hopper cleaning

• View ports

• Airlock service

• Bearing lubrication

• Drive sprocket and chain lube

• Belt drive check and alignment

• Wiper leakage possibilities and replacement

• Electrical connections

• Operation

• Hardware

• Butterfly valve

• Solenoids

• Airlines

• Electrical connections

• Operation

• Hardware

• Slide Gate

• Operation

• Leakage

• Hardware

• Drum Cover Kit

• Flex hose

• Hose clamps

• Drum lid clamp

• Support Hardware

• Platform attachment hardware and bracketry

• Level Indicator

• Air connections

• Electrical connections

• Low Boy Hopper Configuration

• Drawer seals

• Cam bar operation

• Cam bar attachment hardware

• Booth and Mini Drawer

Configuration

• Drawer seals

• Drawer clamp operation and hardware

4 MAINTENANCE REQUIREMENTS

N3225323Q0033

4.1 Repair Parts: The contractor shall advise the Contracting Officer’s Representative (COR) if any parts replacement is not covered under this contract. Contractor shall not proceed with repairs without authorization from the contracting officer or designated contracting official.

4.2 Workmanship: The contractor shall ensure work is performed by qualified, certified, and/or trained personnel to service equipment listed in, “3. PERFORMANCE REQUIREMENTS.”

4.3 Reports: The contractor shall provide maintenance logs for all serviced equipment listed in, “3.

PERFORMANCE REQUIREMENTS.” Reports shall be received within 14 business days from the completion of work. Contractor to invoice within 7 calendar days of maintenance service visit. 100% delivery and compliance.

5 SERVICE DELIVERY SUMMARY

Performance Requirement PWS Paragraph Notes Performance Threshold

1. Perform Maintenance Paragraph 3.1 100% delivery and compliance.

2. Maintenance Logs Paragraph 4.3 100% delivery and compliance.

6 QUALITY ASSURANCE

6.1 If requested by government, the contractor is responsible for implementing and maintaining a Quality

Control Plan (QCP), which shall consist, at a minimum, a written report identifying any repairs/adjustment performed for correction of potential and actual problems. The report shall also state any initial “out of tolerance” measurements identified.

7 CONTRACTOR QUALIFICATIONS/REQUIREMENTS

7.1 The contractor shall be a licensed Camfil technician. The contractor shall ensure the necessary employee level of expertise for performance of the deliverables described by this PWS and the necessary management and administrative support associated with personnel, equipment and services provided.

7.2 Contractor shall comply with Safety and Health work practices specified in Appendix I.

7.3 Contractor shall comply with environmental guidelines specified in Appendix II.

8 GOVERNMENT FURNISHED PROPERTY, UTILITIES, AND SERVICES

8.1 No government furnished property will be provided to the contractor.

9 SECURITY

9.1 The contractor shall pass a background check to gain access onto the base. The contractor will coordinate with the TPOC or COR to obtain a gate pass at building 3455 Pass Office. Contractor shall be a U.S.

citizen and pass a security background check. Only those individuals with favorable investigations shall be utilized on this contract. Prior to the start of work, the contractor shall provide the COR a request for access and include the following information – full name of all personnel working on this contract; social security number; date of birth, place of birth, and citizenship. The contractor shall state that the information has been verified and shall have supporting records on file if required for examination. The contractor’s employees must be a U.S. citizen and registered with the Defense Biometric Identification System (DBIDS).

9.2 Contractor personnel shall follow all procedures in requesting and obtaining a PHNSY & IMF “Green” unescorted standard access control badge for all contractor personnel performing work. Sufficient time shall be allowed by the contractor to obtain the necessary badges prior to work.

9.3 Contractor will coordinate with PHNSY Security Office and COR in the completion of Visit Request for Pearl Harbor Naval Shipyard (Form PH-SYD 5512/28). 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.

9.4 Security Requirements: This contract does not require a security clearance level and clearance granted by the Defense Security Service (DSS). Contractor shall comply with Security requirements specified in Appendix III.

9.5 Portable Electronic Devices (PEDs): PEDs include pagers, mobile/cellular telephones (with/without cameras), personal digital assistants/job performance aids, laptop/notebook/handheld computers, digital imagery (still/video) devices, analog/digital sound recorders (e.g. iPod), video game devices, USB devices and devices of similar capability, functionality or design. The contractor shall strictly comply with PHNSY & IMF policies and procedures concerning the use and possession of PEDs while working on PHNSY&IMF property.

10 CONTRACTOR PERSONNEL

10.1 The contractor shall comply with Public Law 105-270, Section 5(2)(A), which states that contractors will not perform inherently governmental functions. 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 Government programs requiring value judgments, 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 or providing advice, opinions, recommendations, or ideas to Federal Government officials;

or (ii) any function that is primarily ministerial and internal in nature.”

10.2 Contractor personnel shall not establish an employee-employer relationship with Government personnel under this contract.

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

Contractor personnel may not make any commitment to non-DoD personnel, including a foreign official, which commits the expenditure of U.S. Government resources.

10.4 The contractor shall not provide personal services.

10.5 Contractor personnel shall 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 shall identify themselves as employees 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.

10.6 Facilities may close due to local or national emergencies, administrative closings, or other Government directed facility closings. Contractor access to Government facilities during closures is not permitted.

10.7 Personnel: In accordance with current Department of Defense and Homeland Security requirements, performance of all work under this contract is restricted to US citizens. Contractor personnel performing services shall be required to comply with all Pearl Harbor Naval Shipyard and IMF rules, regulations, and training that is applicable to conduct, safety, security, and procedures governing site entry and exit. All regulations, procedures and access/security requirements shall be obtained prior to the first day of contract performance. It is the responsibility of the Contractor to process and obtain all approvals and allow for sufficient processing time to secure access and entry to PHNSY & IMF.

11 PLACE OF PERFORMANCE

The place of performance shall be on-site at Pearl Harbor Naval Shipyard Building 7/12 in the Controlled Industrial Area (CIA)

HOURS OF OPERATION: All work shall be performed during the normal working hours of 0630 to 1500 hours, daily 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 4th or 5th Monday in May

Juneteenth National Independence Day 19th of 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

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

12 ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION

The contractor shall report ALL 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 Services Codes (PSCs). The Excluded PSCs are:

(1) W, Lease of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) S, Utilities ONLY;

(5) V, Freight and Shipping ONLY.

The contractor is required to completely fill in all required data fields using the following web address https://www.ecmra.mil/.

Reporting inputs shall be for the labor executed during the period of performance during each Government fiscal year (FY), which runs 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. Contractors may direct questions to the help desk, linked at https://www.ecmra.mil/.

13 ATTACHMENTS

APPENDIX I – SAFETY AND HEALTH WORK PRACTICES FOR CONTRACTORS WORKING

WITH PEARL HARBOR NAVAL SHIPYARD AND INTERMEDIATE MAINTENANCE FACILITY

(PHNSY & IMF)

APPENDIX II – CONTRACTOR ENVIRONMENTAL SPECIFICATION GUIDELINES

APPENDIX III – SECURITY REQUIREMENTS APPLICABLE FOR PEARL HARBOR NAVAL

SHIPYARD & IMF’S CONTROLLED INDUSTRIAL AREA, OTHER SENSITIVE AREAS,

CONTROLLED NUCLEAR INFORMATION AREAS, AND/OR NUCLEAR WORK AREAS

APPENDIX IV – PHNSY & IMF OPSEC CONTRACT REQUIREMENTS

OPSEC PLAN NOT REQUIRED

Contractors shall meet the requirements of all solicitation and award attachments.

CLAUSES INCORPORATED BY REFERENCE

https://www.ecmra.mil/ https://www.ecmra.mil/

52.204-7 System for Award Management OCT 2018 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

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

OCT 2020

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

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

MAR 2023

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

DEC 2022

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-29 Notification Of Visa Denial APR 2015 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

52.229-11 Tax on Certain Foreign Procurements--Notice and Representation

JUN 2020

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

Subcontractors

MAR 2023

52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998 52.252-5 Authorized Deviations In Provisions NOV 2020 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 DEC 2022 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

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

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

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

JAN 2023

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

MAY 2021

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

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors

JAN 2023

252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

JAN 2023

252.244-7000 Subcontracts for Commercial Products or Commercial Services

JAN 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2022)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 333413.

(2) The small business size standard is 500.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition--

(i) Is set aside for small business and has a value above the simplified acquisition threshold;

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.)

This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(C) If the acquisition value is $92,319 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR Clause Title Date Change

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 on SAM.

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

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.

ADDENDUM TO FAR 52.212-1

To evaluate technical approach and past performance, all offerors are required to submit the following:

• All firms or individuals responding must be registered with the System or Award Management (SAM) (https://wwwe.sam.gov) by the award date. The solicitation document and incorporated provisions and clauses will be those in effect through Federal Acquisition Circular (FAC) 2022-05, DFARS 02/28/2022, and NMCARS 18-21.

• On page 1 of the solicitation document (Standard Form 1449), fill out box 17a. to include Contractor name, address, telephone number, and CAGE Code.

• On pages 3-5 of solicitation document (Standard Form 1449), fill out the unit price and total amount for each CLIN: 0001, 1001, 2001, 3001, 4001

• An itemized price quote that clearly and concisely describes and defines the contractor’s response to the requirements contained in the RFQ. Travel costs including airfare, lodging, rental car, and per diem, shall be included. Travel costs including airfare, lodging, rental car, and 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.

• Technical Approach In order to evaluate Technical Capability, the Offeror is required to submit a detailed written technical proposal (not to exceed 3 pages) that clearly demonstrate thorough knowledge and understanding of, and approach to, accomplishing each paragraph listed in the PWS and solicitation requirements. Non-conformance will deem an Offeror ineligible.

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 capability of the item offered to meet the Government requirement

(ii) (ii) price

Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factor of technical capability.

(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://wwwe.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

1. EVALUATION

a. Basis for Contract Award This evaluation is conducted in accordance with (IAW) Federal Acquisition Regulation (FAR) 13, Simplified Acquisition Procedures, as supplemented by the Defense Federal Acquisition Regulation Supplement (DFARS) and the Navy Marine Corps Acquisition Regulation Supplement (NMCARS). These regulations are available electronically at the Federal Acquisition Regulation website, https://www.acquisition.gov/. A contract may be awarded to the contractor who is deemed responsible IAW FAR 9.1, whose technical approach is deemed acceptable IAW the solicitation, and whose price is determined fair and reasonable.

Factor 1 – Technical Capability. Technical capability will be evaluated by Table 1 – Technical Ratings table below. If the offeror is deemed Unacceptable, then the price factor will not be evaluated.

TABLE 1- TECHNICAL RATINGS

RATING DESCRIPTION

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

Unacceptable Quote does not meet the requirements of the solicitation or does not clearly demonstrate thorough knowledge and understanding of, and approach to, accomplishing the PWS.

Factor 2 – Price. Those offerors with a technical capability of “Acceptable” will then be evaluated for total price reasonableness in accordance with the FAR. Based on all quotations received, the lowest priced technically acceptable offeror will be selected.

b. Solicitation Requirements, Terms and Conditions Contractors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as factors. Failure to comply with the terms and conditions of the solicitation may result in the contractor being ineligible for award.

Contractors must clearly identify any exception to the solicitation terms and conditions and must provide complete supporting rationale. The Government reserves the right to determine any such exceptions unacceptable.

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

COMMERCIAL SERVICES (DEC 2022) ALTERNATE I (OCT 2014)

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

https://www.sam.gov/

"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…