N3225324Q0073_Solicitation.pdf

SEE ADDENDUM

(No Collect Calls)

N3225324Q0073 12-Jul-2024

b. TELEPHONE NUMBER

808-473-8000 X5193

8. OFFER DUE DATE/LOCAL TIME

09:00 AM 15 Jul 2024

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

YIJIA LI

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 OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

PEARL HARBOR NAVAL SHIPYARD & IMF

667 SAFEGUARD ST., STE 100,

JBPHH HI 96860-5033

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE N32253 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

PEARL HARBOR NAVAL SHIPYARD & IMF 2

MICHAEL WON

667 SAFEGUARD ST SUITE 100

PEARL HARBOR HI 96860-5033

TEL: 808-473-8000 X-6649 FAX:

FAX:

TEL: 808-473-8000 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$19,000,000

NAICS:

485999

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF44

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.

N3225324Q0073

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CLIN

Number

1 Job

Charter Bus Services

FFP

Charter bus services in accordance with the Performance Work Statement (PWS) on 20 July 2024. Price shall be inclusive of taxes and fees if any.

FOB: Destination

PSC CD: V222

NET AMT

ADDENDUM TO FAR 52.212-1

QUOTE PREPARATION INSTRUCTIONS:

Vendors shall submit a quote electronically for consideration no later than the due date and time listed in Block 8 of this solicitation. By submitting a quote is an acknowledgement of understanding and compliance to the solicitation requirements, terms and conditions, unless an exception is annotated. Any exceptions will be determined by the Contracting Officer if they are acceptable or not.

All quotes shall be submitted electronically.. All documents submitted shall be readable by Microsoft (MS) Word, Adobe Acrobat X Pro, MS Excel, and MS Power Point.

At a minimum, quotes must include the following documents to be eligible for award:

a. Quote:

1. Quote shall contain how the company can meet all performance requirements describe under the PWS.

Quote shall contain details such as number of personnel and material/supplies that will be provided. Quote shall be inclusive of any taxes and fees, as applicable.

2. Quote shall verify any discount terms, if any.

3. Quote shall be signed or submitted by an individual authorized to provide quotations and/or contract approval on behalf of the Offeror.

4. Quote shall contain contact information (email and phone number) of the individual(s) that will be in charge of performance of this contract.

b. SPRS Supplier Risk Report:

1. The Government will obtain the SPRS Supplier Risk report from the Supplier Performance Risk System

(SPRS). The Offeror does not need to submit any documentation in regards the SPRS Supplier Risk Report. The SPRS Supplier Risk Report retrieved from SPRS will be considered as a part of the Factor 1

– Technical – Quote Information.

c. Any representations and certifications, such as, but not limited to: FAR 52.204-24, 52.204-26, 52.212-3, 52.222-48), shall be verified utilizing the information provided in SAM.gov. The Offeror does not need to submit any documentation, however, if the information in SAM.gov is inaccurate, the Offeror shall notate this information in their quote.

The Government intends to evaluate quotes and award a Firm Fixed Price contract without discussions. Therefore, the vendor’s initial quote should contain the best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.

In order to evaluate Price Reasonableness, additional price or cost information may be requested to supplement the Government’s evaluation.

Quotes received after the date/time specified may not be evaluated.

Funding is not currently available for this requirement; however, the requirement is anticipated to be funded prior to the commencement date.

POC: Yijia Li – yijia.li2.civ@us.navy.mil and Sohee Wun - sohee.k.wun.civ@us.navy.mil

(end of provision addendum)

ADDENDUM TO FAR 52.212-2

1. BASIS FOR CONTRACT AWARD

A contract may be awarded to the Offeror whose quote conforms to the solicitation’s requirements (to include all stated terms, conditions, representations, certifications and all other information required by Addendum to FAR 52.212-1 of this solicitation) and is judged, based on the evaluation factors, to represent the best value to the Government. Additionally, the Offeror must be deemed a responsible prospective contractor in accordance with FAR 9.1.

2. EVALUATION FOR AWARD

The Government will award a Firm Fixed Price contract from this Request for Quotes (RFQ) to the responsible Offeror whose offer conforming to the RFQ is the Lowest Price Technically Acceptable (LPTA) and whose quote conforms to the solicitation’s requirements (to include all stated terms, conditions, representations, certifications, and all other information required by this solicitation).

The Government intends to make an award on the basis of initial proposals without exchanges of information with Offerors but reserves the right to conduct exchanges of information if the Contracting Officer deems it necessary.

3. EVALUATION FACTORS

a. The evaluation factors represent key areas of importance to be considered in the LPTA selection decision and include:

Factor 1 – Technical – Quote Information

The Technical – Quote Information factor shall either receive an overall Acceptable or Unacceptable rating as defined below based on the following:

An “Unacceptable” rating renders the proposal ineligible for award and no further evaluation will be conducted.

Combined Technical – Quote Information/Risk Rating Rating Description Acceptable An Acceptable rating means risk of unsuccessful performance is no worse than moderate, and the Offeror’s proposal must:

Meet the requirements of the RFQ Meet the requirements of the quote instructions in Addendum to FAR 52.212-1 Have a satisfactory SPRS Supplier Risk Report, Unacceptable An Unacceptable rating, means risk of unsuccessful performance is high, and that the Offeror’s proposal:

Does not meet the requirements of the RFQ, or Does not meet the requirements of the quote instructions in Addendum to FAR

52.212-1, or The Offeror has an unsatisfactory SPRS Supplier Risk Report.

A “Satisfactory SPRS Supplier Risk Report” means that the Offeror’s SPRS Supplier Risk Report is categorized as green, blue, purple, or the Offeror’s performance record has no score (black). Note that Risk reports categorized as red or yellow are also considered satisfactory SPRS Supplier Risk Reports but additional mitigation efforts will be required upon award.

An “Unsatisfactory SPRS Supplier Risk Report” means that the Offeror’s SPRS Supplier Risk Report is categorized as gray and indicates that an Offeror has been debarred or otherwise.

“Risk” is defined as the potential for unsuccessful contract performance. The consideration of risk assesses the degree to which an offeror’s proposed approach to achieving the technical factor may involve increased risk of disruption of schedule, increased cost or degradation of performance, the need for increased Government oversight and the likelihood of unsuccessful contract performance.

Factor 2 – Price Price will not be scored or rated. The Government will evaluate the submitted quote for its reasonableness in accordance with various analysis methods listed in FAR 13.106-2 and 15.404-1.

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 20-JUL-2024 TO

20-JUL-2024

N/A PEARL HARBOR NAVAL SHIPYARD &

IMF 2

MICHAEL WON

667 SAFEGUARD ST SUITE 100

PEARL HARBOR HI 96860-5033

808-473-8000 X-6649 FOB: Destination

N32253

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

PEARL HARBOR NAVAL SHIPYARD (PHNSY & IMF)

Bus Service for Family Day

1.0 BACKGROUND

1.1 The Pearl Harbor Naval Shipyard & Intermediate Maintenance Facility (PHNSY & IMF) is 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 submarines, surface vessels and shore based activities in the Pacific.

1.2 This Performance Work Statement (PWS) describes tasks to be performed by the Contractor in support of

Pearl Harbor Naval Shipyard & IMF (PHNSY&IMF).

2.0 OBJECTIVE/SCOPE

2.1 The government requires contractor support to provide charter bus services, transporting passengers around

PHNSY&IMF including the Controlled Industrial Area(CIA).

3.0 PERFORMANCE REQUIREMENTS

3.1 The Contractor must provide the following:

3.1.1 12 Buses(10 regular and 2 ADA compliant) capable of accommodating up to 55 passengers per bus, to include appropriately certified and licensed drivers, operators, helpers or crewmembers, as required to ensure timely, safe, and proper execution of bus route in accordance with state and local laws.

3.1.2 The contractor shall ensure all buses used to transport passengers are in sound mechanical condition and meet all safety standards required by local laws and regulations, so as to preclude breakdown and injury.

3.1.3 Buses shall be in clean condition while in service and be free of debris.

3.1.4 If the government finds the provided transportation to be unsafe or below cleanliness standards, the government may reject the bus for performance of services.

3.1.5 The contractor shall ensure that all buses provided are at all times fully licensed, registered and insured (including adequate passenger liability insurance) as may be indicated elsewhere in this agreement.

3.1.6 In the event of a bus breakdown immediately prior to or during chartering passengers the contractor shall provide replacement bus(es) to ensure timely and safe execution of the established routes and at no additional cost to the government.

3.2 Period of Performance

3.2.1 Bus service will be needed on Saturday July 20, 2024 from the hours of 0700 – 1600. A schedule of drop-off and pick-up times, locations (on PHNSY&IMF) will be made available the day of service.

4.0 GOVERNMENT FURNISHED PROPERTY AND SERVICES

4.1 GENERAL: The government will not provide any equipment, facilities, utilities or service.

5.0 CONTRACTOR QUALIFICATIONS/REQUIREMENTS

5.1 Performance of all work under this purchase order is restricted to US citizens and US nationals only. All work performed must be in accordance with Federal, State of Hawaii, Navy and local laws, regulations and procedures.

5.2 Contractor must comply with environmental guidelines specified in Appendix II of paragraph 8.0

5.3 Contractor must comply with Safety and Health work practices specified in Appendix I of paragraph 8.0

5.4 Security Requirements: This contract does not require a security clearance level and clearance granted by the Defense Security Service (DSS). Contractor must comply with Security requirements specified in Appendix III of paragraph 8.0

5.4.1 The contractor must pass a background check to gain access onto the base. The contractor must coordinate with PHNSY & IMF to obtain a gate pass at building 3455 Pass Office. It is not unusual for the pass process to take an hour or more. Contractor must be a U.S. Citizen and must pass a security background check. Only those individuals with favorable investigations must be utilized on this contract. Prior to the start of work, the Contractor must provide the COR (on company letterhead) 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 must state that information has been verified and must have supporting records on file, if required for examination. Contractor’s employees must be a U.S. Citizen and registered with the Defense Biometric Identification System.

5.4.2 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 must follow the applicable requirements listed below in 6.0 ATTACHMENTS and brief their personnel to ensure compliance. Non-compliance with applicable items in Attachments is a material violation of the contract. Should Contractor personnel receive or suspect they have learned unauthorized sensitive information, they must identify and immediately report suspicions to the COR.

5.4.3 The Contractor must strictly comply with PHNSY & IMF procedures and policies concerning the use and possession of PEDs while working on PHNSY&IMF property. 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. I-PODs), video game devices, USB devices and devices of similar capability, functionality or design.

5.4.4 The contractor must meet the requirements to obtain a valid Shipyard & IMF CIA vehicle pass. The Shipyard & IMF CIA vehicle passes are issued by the Shipyard & IMF Pass and ID Office. Shipyard & IMF CIA vehicle passes will not be issued unless proof of vehicle registration to the contractor’s company has been presented to the Shipyard & IMF Pass and ID Office.

6.0 PERSONNEL

6.1 The Contractor must furnish sufficient personnel to perform all work specified within this contract.

Services must be provided during the listed workday .The Contractor must at all times maintain an adequate uninterrupted performance of all tasks defined within this PWS.

6.2 When performing work associated with this PWS, the Contractor must make clear to all individuals they deal with that they are Contractor employees and not DOD personnel when working in any situation where their contractor status is not obvious to third parties. Contractor employees must clearly identify themselves as a Contractor (i.e. company shirt, pin, visible company identification, etc.) in a visible location as to who their employer is, to avoid creating an impression that they are government personnel.

6.4.1 Contractor personnel must not manage, supervise, direct, or task US military, DOD civilians or other personnel not associated with the Contractor while performing the tasks within this PWS.

6.4.2 Contractor personnel must not make any commitment which commits the expenditure of US Government resources.

6.4.3 The Contractor performing services will be required to comply with all US Navy rules, regulations, and training that is applicable to conduct, safety, security, and procedures governing site entry and exit.

6.4.4 Contractor personnel must not establish an employee-employer relationship with Navy Commands under this PWS.

6.4.5 The Contractor must not provide personal services to US Navy commands. If Contractor employees are directed by any government employee at any time to perform services not covered under this purchase order, the Contractor will immediately notify the Technical Point of Contact (TPOC).

6.5 Operations Security (OPSEC) Standard Contract Language

All contractor (including subcontractor) personnel assigned to this contract must accomplish the following requirements in support of Pearl Harbor Naval Shipyard and Intermediate Maintenance Facility (PHNSY&IMF) Operations Security (OPSEC) Program:

What is an OPSEC Plan? An OPSEC plan is used to record, identify and monitor the contractor’s OPSEC activities during the performance of the contract. If determined, and prior to award, an OPSEC Plan must be signed by the Prime contractor and forwarded to the assigned contracting official by encrypted email, through the approved Department of Defense Safe (DoD) Secure Access File Exchange (SAFE) at https://safe.apps.mil, or by United States Postal Service.

Consideration will be given depending on the type of work being performed, the environment, and circumstances in which contract performance must occur. In some cases, an OPSEC Plan will be required.

In other cases, the contractors may only simply be required to receive the basic OPSEC requirements.

For this Contract: An OPSEC Plan is required No OPSEC Plan is required

Either way, it is the responsibility of all contractors and subcontractors to avoid inadvertent disclosure of unclassified or classified information during the period of this contract.

OPSEC compromise is the disclosure of Critical Information (CI) or sensitive information, which has been identified by the Command and any higher headquarters to adequately protect its personnel and equipment.

During the period of this contract, contractor personnel may be exposed to, use, or produce, U.S.

Government CI and observable indicators which may lead to discovery of CI. PHNSY&IMF CI must not be distributed to unauthorized third parties, including foreign government or companies under Foreign Ownership, Control or Influence (FOCI). The contractor must protect all CI in a manner appropriate to the nature of the information.

U.S. Government CI must not be publicized in corporate wide newsletters, trade magazines, displays, internet page or public websites. All transmission to personal email accounts (AOL, Yahoo, Gmail, Hotmail, Comcast, etc.,) and posting on social media websites (Facebook, Instagram, Twitter, LinkedIn, etc.,) are prohibited. Media requests related to this project must be directed to PHNSY&IMF Public

7.0 ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION

7.1 The contractor must report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract 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://ecmra.mil/Login.aspx. Reporting inputs must 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 must be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil."

8.0 LIST OF ATTACHMENTS

APPENDIX I – SAFETY AND HEALTH WORK PRACTICES FOR CONTRACTORS WORKING

WITH PEARL HARBOR NAVAL SHIPYARD AND INTERMEDIATE MAINTENANCE FACILITY

(Revised March 2024)

APPENDIX II – ENVIRONMENTAL PROTECTION GUIDELINES FOR CONTRACTORS ON

FACILITIES PROJECTS AT PEARL HARBOR NAVAL SHIPYARD & INTERMEDIATE

MAINTENANCE FACILITY (Revised 9 October, 2019)

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

CONTROLLED INDUSTRIAL AREA, CONTROLLED NUCLEAR INFORMATION AREAS,

NUCLEAR WORK AREAS AND/OR OTHER SENSTIVE AREAS. (Revised June, 2021)

APPENDIX IV – PEARL HARBOR NAVAL SHIPYARD AND INTERMEDIATE MAINTENANCE

FACILITY (PHNSY & IMF) OPERATIONS SECURITY (OPSEC) CONTRACT REQUIREMENTS

APPENDIX V – OPSEC PHNSY & IMF CONTRACT REQUIREMENTS 03-21-2022

CLAUSES INCORPORATED BY REFERENCE

52.201-1 Acquisition 360: Voluntary Survey SEP 2023 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 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

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

SEP 2023

52.212-3 Offeror Representations and Certifications--Commercial Products and Commercial Services

MAY 2024

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

NOV 2023

52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.233-1 Disputes MAY 2014 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights 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 (Dev) Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2024-O0013 REVISION 1)

MAY 2024

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

JAN 2023

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

DEC 2019

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

MAY 2021

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

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors

JAN 2023

252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the

Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

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

MAY 2020

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

MAY 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

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

Personnel

JAN 2023

252.244-7000 Subcontracts for Commercial Products or Commercial Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

(a) Definitions. As used in this provision-

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

(b) Prohibition.

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

(End of provision)

52.204-26 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 – Quote Information

ii. Total Price

See Addendum to FAR 52.212-2 for more information.

Award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for the non-cost factor of Technical – Quote Information.

(b) 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.

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

COMMERCIAL SERVICES (MAY 2024) ALTERNATE I (FEB 2024)

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

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

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

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

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

"Service-disabled veteran-owned small business (SDVOSB) concern" means a small business concern--

(1)(i) Not less than 51 percent of which is owned and controlled 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; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary

Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

"Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program" means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

"Service-disabled veteran-owned small business (SDVOSB) Program" means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

"Small business concern"--

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

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

CFR 121.103.

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

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

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

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

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

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402.