N3904021R0011_DRAFT_RFQ_05Oct21.pdf

SEE ADDENDUM

(No Collect Calls)

N3904021R0011 05-Oct-2021

b. TELEPHONE NUMBER

207-438-6588

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 19 Oct 2021

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.

N390409. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DANIELLE M QUINN

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

PORTSMOUTH NAVAL SHIPYARD

CONTRACTING DIVISION, CODE 410

BLDG 156, PNS

KITTERY ME 03904

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-C9

CODE15. DELIVER TO CODE N39040 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

PORTSMOUTH NAVAL SHIPYARD

RECEIVING OFFICER

CODE 501.2 RECEIVING OFFICER

BUILDING 170

KITTERY ME 03904

TEL: 207-438-5206 FAX:

FAX:

TEL: 207-438-1000 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$16,500,000

NAICS:

238990

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 OF77

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.

N3904021R0011

Section SF 1449 - CONTINUATION SHEET

SUPPLEMENTAL INSTRUCTIONS

Addenda to FAR 52.212-1 “Instructions to Offerors – Commercial Items”

I. GENERAL

In addition to FAR 52.212-1, Instructions to Offerors--Commercial Items and any other instructions contained elsewhere in this solicitation, the following information is provided:

Vendors are required to meet all solicitation requirements, such as terms and conditions, representations and certifications, and technical requirements, in addition to those identified as evaluation factor and elements of evaluation factor.

Failure to meet a requirement may result in an offer being ineligible for award. If the Vendor finds it necessary to take exception to any of the requirements specified in the solicitation, the Vendor shall clearly identify where it is addressed in its proposal and provide a complete explanation of why the exception was taken, what benefit (if any) accrues to the Government, and its impact (if any) on the performance, schedule, cost and specific requirements of the solicitation. Each exception shall clearly identify the specific paragraph and/or part of the solicitation to which the exception is taken.

Important Notes:

Vendors shall respond to all requirements of the solicitation document. Vendors are cautioned not to alter the solicitation.

Responses should be submitted via email to Contract Specialist, Danelle Quinn, danelle.quinn@navy.mil Please review all specifications carefully, and make note of all lifting and handling requirements, and all base access requirements.

Please also note payment terms and the primary point of contact in the quotation.

Initial submissions and any modifications thereto are to be submitted to the Contracting Office on or before the closing date and time. Deadline for receipt of submissions is found on page 1 of the Standard Form 1449

II. CONTENT OF QUOTE

Vendors’ quotes shall comply with the requirements outlined below and incorporated herein.

1. Completed and Signed SF 1449.

2. Signed Copies Acknowledging Amendments, if applicable

3. System for Award Management (SAM): Vendors must be registered in the SAM database to be considered for award. Registration is free and can be completed on-line at http://www.sam.gov/

4. A point of contact, name, email address, phone/FAX number, CAGE Code

5. Representations and Certifications completed by the vendor in accordance with instructions contained elsewhere in this solicitation. Note, If the vendor has completed all of the representations and certifications required by this solicitation in SAM.gov in accordance with FAR 52.204-8, then the vendor need not submit the hardcopy Representations and Certifications.

6. Technical Acceptability Submission as noted below.

7. Past Performance Submission as noted below.

8. Price. Vendors are not required to submit any pricing information. The Government does not intend to include price or cost as an evaluation factor at the contract level, but will use price as one of the factors in the selection decision for each task order placed under the contract in accordance with FAR 13.106- 1(a)(2)(iv)(A) and (B).

Factor 1, Technical Acceptability Submission. Vendors shall demonstrate their Technical Acceptability by providing the information required under the following three elements: (i) Mobile Cranes Equipment Plan; (ii) Qualified Crane Operator Certification; (iii) Experience and (iv) Subcontractors.

Mobile Cranes Equipment Plan: Vendors shall submit a plan that identifies all mobile cranes that it proposes to use to perform this contract. The Vendor’s plan must demonstrate the capability to provide the four mobile crane sizes that are identified in and will comply with the performance work statement (PWS).

For each Crane, the Vendor shall provide the following information: Crane Manufacturer, Model, and Number; current Crane Inspection Certification, Crane Manufacturer’s specifications and applicable ratings and the name(s) of the company(ies) that owns and will operate the crane during contract performance. An annual Crane Inspection Certificate is considered “current” if issued within one year from the date this solicitation was issued. A quadrennial Crane Inspection Certificate is considered “current” if issued within four years from the date this solicitation was issued.

Crane Operator Certification: Vendors shall submit documentation demonstrating that its Crane Operators possess or will possess before contract award the certifications and qualifications required to operate all mobile cranes identified in its Mobile Cranes Equipment Plan. For each Operator, the Vendor shall provide the following information: Operator’s Name, a current medical certificate attesting to the operator’s physical qualifications (see PWS, Attachment 1, para 1.5; ASME B30.5-3.1.2), proof of current qualification from a source that qualifies crane operators, the crane on which the Operator is qualified and the names of the operator’s employer. Vendors must provide written assurances in its quotation that it will obtain certifications or qualifications before contract award for all crane operators who do not currently possess the required certifications and qualifications.

Experience: Vendors shall submit documentation of two projects or contracts that demonstrate recent and relevant experience with at least two (2) of the mobile crane sizes identified within the PWS. Contracts or Projects are considered recent if they have been completed within the last five (5) years. Contracts or Projects are considered relevant if they are similar to the requirements of the PWS and Attachment 3. For each contract or project, Vendors shall provide the following: customer’s name, organization and contact information; contract or project number and title; dates of performance; a description of the work performed and how it is relevant to the PWS.

Subcontractors: Vendors that intend to use subcontractors, teaming partners or affiliates (hereafter, subcontractors) shall identify those entities in their response and describe their role under the contract and their experience. Vendors that intend to rely upon a subcontractor’s mobile cranes or crane operators shall provide the same type of information required under the Mobile Cranes Equipment Plan or Crane Operators Certification elements. Vendors that intend to rely upon a subcontractor to operate mobile cranes must submit two (2) recent and relevant contracts or projects that demonstrate the subcontractor’s experience.

Vendors shall submit the same information required under the Past Performance factor, except that subcontractors only need to demonstrate experience in the specific mobile crane that it intends to operate during contract performance. Vendors that do not intend to use subcontractors to perform this contract shall include that statement in their quotations.

Factor 2, Past Performance Submission.

Past performance information described herein is required for the Vendor and all subcontractors, teaming/joint venture partners, and affiliates that are proposed to perform on the contract. In order to facilitate the Government’s evaluation of this factor, the Vendor shall provide at least two (2) projects or contracts that demonstrate recent and relevant Past Performance with at least two (2) of the mobile crane sizes identified within the PWS. The Government will only evaluate projects or contracts that have already been performed. For each contract or project, the following information shall be provided:: (i) customer’s name, organization and contact information; (ii) contract or project number and title; (iii) dates of performance (identify the start and end dates using months and years); (iv) the dollar value of the work performed; (v) a description of the work performed and how it is relevant to the PWS, including safety measures used; (vi) whether the prior project was performed as the prime contractor or subcontractor, (vii) any negative comments or assessments regarding the mobile crane operator’s compliance with safety measures and (viii) copies of any Contract Performance Assessment Reports or similar assessments, if available.

The Vendor shall submit, along with the information required in this paragraph, a consent letter, executed by each subcontractor, teaming/joint venture partner and affiliate, authorizing release of adverse Past Performance information to the Vendor so the Vendor can respond to such information. For each identified effort for a commercial customer, the Vendor shall also submit a client authorization letter authorizing release to the Government of requested information on the Vendor’s performance.

Vendors who have questions or need additional information shall comply with L-215-H0007, Submission of Questions. Contact Danelle Quinn who can be reached by email danelle.quinn@navy.mil.

METHOD OF PROPOSAL SUBMISSION: Vendors shall submit their quotations by email to Danelle Quinn at danelle.quinn@navy.mil. This announcement will close at 10:00 AM ET local time on 19 October 2021 -End of Supplemental Instructions-

PERFORMANCE WORK STATEMENT

1. Background. Portsmouth Naval Shipyard (PNSY) uses a variety of Government-owned and operated portal and mobile cranes to support the repair, modernization and overhaul of Los Angeles and Virginia Class submarines at PNSY and for long-term storage of equipment at Portsmouth International Airport at Pease, Newington, New Hampshire. PNSY also uses contractor-owned and operated mobile cranes to perform certain lifting requirements when additional capacity is needed. This contract will continue to support PNSY’s lifting and handling program by leasing mobile cranes with qualified crane operators as described below.

1.1. Except as otherwise stated, the Contractor shall furnish mobile cranes with qualified operators and all other labor, supervision, management, tools, materials, equipment, facilities and other items necessary to perform the services described within this Performance Work Statement (PWS).

1.2. The Contractor shall provide mobile cranes with the capacity to lift 60 Tons, 100 Tons, 120 Tons and 275 Tons. The Government anticipates the need to use each crane for periods ranging from one day up to three weeks as depicted below during the five-year ordering period.

Crane Size (Estimated Usage)

Minimum Quantity (Est.) Maximum Quantity (Est.)

60 Ton 1 Day

2 Days 10 1 Week (5 Days) 5 3 Weeks (15 Days) 5

100 Ton 1 Day

2 Days 10 1 Week (5 Days) 5 3 Weeks (15 Days) 5

120 Ton 1 Day

2 Days 50

1 Week (5 Days) 10 3 Weeks (15 Days) 5

275 Ton 1 Day

2 Days 20 1 Week (5 Days) 10 3 Weeks (15 Days) 5

1.3. The Contractor will be required to use its mobile cranes to lift a variety of submarine components (e.g., shafts, periscopes, masts, etc.), industrial equipment (e.g., blasting equipment, removable submarine component enclosures, etc.) and other miscellaneous items. Attachment 3 identifies examples of lifting requirements that have been performed on prior contracts. That list is not all inclusive and future requirements may not be similar to the examples depicted. The maximum expected weight is under 100,000 lbs. The weight of all components requiring mobile crane services is known.

1.4. The Government anticipates that up to about 30% of PNSY’s lifting requirements will require the use of mobile cranes working in tandem, in a complementary manner or in close proximity to each other.

1.5. Crane rental is contingent upon weather conditions and rental may be rescheduled with a little as one (1) days’ (24 hours’ time) notice, including weekends and holidays. Agility of schedule and a strict safety standard are imperative.

2. Contractor Responsibilities. Except as otherwise stated, the Contractor shall furnish mobile cranes with qualified operators and all other labor, supervision, management, tools, materials, equipment, facilities and other items necessary to perform the services described within this Performance Work Statement (PWS). These responsibilities include, but are not limited to the following:

2.1. The Contractor shall be responsible for determining the appropriate crane size, planning and performing the lift requirements in compliance with all standards (safety, performance or otherwise) incorporated within the performance work statement.

2.2. The Contractor shall provide mobile cranes and crane operators that comply with all certification, qualification, medical and other standards in PWS attachments 1 and 2. The Contractor shall be responsible for ensuring continued compliance with all applicable standards during contract performance.

2.3. The Contractor shall prepare and submit lift plans when required by individual Task Orders.

2.4. The Contractor shall prepare, submit and maintain all reports, forms, other documents and notifications required within the performance work statement or specified in individual Task Orders.

2.5. The Contractor shall consult, coordinate and cooperate with the Government and other contractors, when necessary, to execute the Government’s lifting requirements in a safe and efficient manner.

2.6 The Contractor shall provide the capability to receive, prioritize, correspond, and respond to task orders during Government regular working hours and provide a point of contact at a local or toll free number who can perform the above function during other than Government regular working hours.

3. Government Responsibilities.

3.1. The Government will identify the general parameters for its lift requirements (e.g., lift geometry, projected size and weight of load, boom radius required) in each Task Order.

3.2. The Government will provide the rigging team, rigging gear, and will assist with dunnage as needed.

3.3. The Government shall prepare and provide the daily lift plans, unless otherwise indicated in a Task Order.

3.3. Upon request, the Government may provide space for the Contractor to store its crane(s) and other equipment on PNSY or Pease during performance of individual Task Orders.

4. Schedule.

4.1. The ordering period of this IDIQ is five (5) years. Work is scheduled as required in each task order.

Ordering Period - 11/05/2021 to 11/04/2026

4.2. All work shall be performed between the hours of 0600 and 1600, Monday-Friday unless otherwise specified in a Task Order or approved by Contracting Officer.

4.3. Minimum 8-hour work days, as requested per task order.

4.4 The Contractor's work shall not interfere with normal Government business. In those cases where some interference is unavoidable; the Contractor shall minimize the impact and effects of the interference. The Contractor shall provide advance access of all of its work schedules to the Government. The Contractor shall notify the KO of any difficulty in scheduling work due to Government controls

5. Security.

No person not known to be an American citizen of good standing and repute shall be eligible for access to Portsmouth Naval Shipyard. Proof of citizenship is required.

5.1. To be allowed onto a government Shipyard, personnel must be US citizens and in possession of appropriate personal identification.

5.2. The Contracting Officer's Representative (COR) shall provide the vendor with the up to date requirements for access upon award.

5.3. All of the vendor's company representative(s)/operator(s) that may be needed to support this contract must maintain appropriate qualifications to gain access to the work sites over the duration of the ordering period. This includes up-to-date Defense Biometrics Identification System (DBIDS), and possession of all necessary IDs at time of arrival for processing through security. DBIDS must be kept current throughout the life of the contract.

5.4. The Portsmouth Naval Shipyard shall not be responsible for costs incurred by the vendor as a result of a failed delivery (base access) due to its company representative(s) lack of insufficient paperwork required to gain access to the Portsmouth Naval Shipyard.

6. List of Attachments.

6.1 Attachment 1: Unified Facilities Guide Specifications (UFGS) Section 01 35 26, Contractor Crane, Multi-

Purpose Machine, Forklift, Construction Equipment and Rigging Gear Requirements (15 pgs.)

6.2 Attachment 2: Commander Navy Region Mid-Atlantic (CNRMA) Instruction 11262.1B, Contractor Crane/Lifting and Handling Equipment Oversight (21 pgs.)

6.3 Attachment 3: Sample Lifting Requirements (1 pg.)

6.4 Attachment 4: Wage Determination Rates (SCA)

WAGE DETERMINATION RATES

Service Contract Act (SCA) wage determination rates are applicable to work performed at PNSY, York County, Kittery, ME and Pease, Rockingham County, Newington, NH.

State of Maine Wage Determination No.: 2015-4011 Revision No.: 16 Date Of Last Revision: 07/21/2021

State of New Hampshire Wage Determination No.: 2015-4013 Revision No.: 17 Date Of Last Revision: 07/21/2021

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED Days Rental of Mobile Crane with Operator

FFP

Rental of mobile crane (60 Tons, 100 Tons, 120 Tons, 275 Tons) with qualified operator services in accordance with PWS and Attachments.

FOB: Destination

PSC CD: W039

MAX

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Set Contract Data Requirements List (CDRL)

FFP

Contract Data Requirements List (CDRL) for deliverables such as lift plans and other deliverables required at the task order level. CDRLs are as stated and priced on the delivery/task order level. See Exhibit A in section J of the contract for additional information.

PSC CD: W039

MAX

NET AMT

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$2,500.00 $4,713,874.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

1.00 60.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 05-NOV-2021 TO

04-NOV-2026

N/A PORTSMOUTH NAVAL SHIPYARD

RECEIVING OFFICER

CODE 501.2 RECEIVING OFFICER

BUILDING 170

KITTERY ME 03904

207-438-5206

N39040

0002 POP 05-NOV-2021 TO

04-NOV-2026

N/A (SAME AS PREVIOUS LOCATION)

N39040

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions

SEP 2007

52.203-12 Limitation On Payments To Influence Certain Federal Transactions

JUN 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights

JUN 2020

52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements-- Representation

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-7 System for Award Management OCT 2018 52.204-13 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

52.204-22 Alternative Line Item Proposal JAN 2017

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.212-1 Instructions to Offerors--Commercial Items JUL 2021 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-1 State and Local Taxes APR 1984 52.232-18 Availability Of Funds APR 1984 52.232-19 Availability Of Funds For The Next Fiscal Year APR 1984 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-1 Disputes MAY 2014 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

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

Officials

NOV 2011

252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

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

MAY 2016

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020 252.204-7023 Reporting Requirements for Contracted Services. JUL 2021 252.204-7023 Alt I Reporting Requirements for Contracted Services (JUL 2021)

Alternate I

JUL 2021

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

MAY 2019

252.213-7000 Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations

SEP 2019

252.215-7008 Only One Offer JUL 2019 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors.

JAN 2018

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7048 Export-Controlled Items JUN 2013 252.231-7000 Supplemental Cost Principles DEC 1991

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

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

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (AUG 2020)

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

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.204-20 Predecessor of Offeror (AUG 2020)

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

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity by unique location; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

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.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

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

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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 Items. 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.

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

and

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of…