AMENDMENT_0001_to_RFQ_N42158-19-Q-0020_Dust_Collectors_02_04_2019.pdf

N4215819RC90140

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this Amendment is to answ er bidders' question, add and remove FAR and DFARS provisions and clauses, and extend the due date for receipt of quotations.

The closing date and time for receipt of proposals are hereby changed as follow s:

From: 04 February 2019 at 10:00 A. M. Eastern

To: 05 February 2019 at 01:00 P.M. Eastern

See Continuation Page.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 16

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 04-Feb-2019

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X N4215819Q0020

X 9B. DATED (SEE ITEM 11)

31-Jan-2019

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

04-Feb-2019

CODE

NORFOLK NAVAL SHIPYARD

ATTN: DENISE LEE

CVN FLEET SUPPORT

C432, BLDG 65, 2ND FLOOR

PORTSMOUTH VA 23709-1022

N42158 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

N4215819Q0020

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 30 - BLOCK 14 CONTINUATION PAGE

The following have been added by reference:

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7036 Buy American--Free Trade Agreements--Balance of

Payments Program--Basic

DEC 2017

252.244-7000 Subcontracts for Commercial Items JUN 2013

SECTION SF 1449 - CONTINUATION SHEET

The following have been modified:

INSTRUCTIONS TO OFFERORS

52.212-1 INSTRUCTIONS TO OFFERORS –ADDENDUM

Quotations shall be emailed to Ms. Denise L. Lee (E-mail: denise.l.lee@navy.mil) and to USFF_NNSY_C432@navy.mil by 05 February 2019 at 1:00 PM Eastern.

Quotations will consist of the following documents submitted together in Adobe Acrobat .pdf format:

1. Completed FAR 52.212-3 Representations and Certifications unless otherwise completed in SAM;

2. Completed and signed SF 1449 with pricing for each line item being quoted in accordance with the

Contract Line Item Number (CLIN) in this Notice. Completed and signed SF 30 acknowledging receipt of Amendment 0001.

3. Pricing for daily, weekly, and monthly rates is requested for electric Dust Collectors that shall provide a minimum 10,000 cubic feet per minute (CFM), quantity of four (4) on CLINs 0001 and 1001 in accordance with this Notice.

4. Pricing for inbound and outbound freight is requested for CLINs 0002 and 1002.

5. The Period of Performance (POP) is 11 February 2019 – 10 February 2020 for the Base Year, and11

February 2020 – 10 February 2021 for Option Year I. There is no guarantee that the Government will exercise the option.

6. A pricing validity period of sixty (60) days.

7. Technical Submission shall consist of the Technical Capability Certifications Chart per Attachment 1 and a picture, product descriptions, and manufacturer’s specifications for the four (4) proposed electric Dust Collectors with a minimum 10,000 CFM.

Award will be made for the technically acceptable item or combination of technically acceptable items that result in the lowest aggregate price to the Government.

Price:

The estimated amount for each line item will be added together to determine the total estimated price which will become the evaluated price.

The vendor’s proposed price will be evaluated on the basis of price reasonableness. All prices must be considered fair and reasonable as determined by the Government. Price quote shall be held firm and valid for sixty (60) days.

The completion and submission of the above items will constitute a quote and will be considered the vendor’s unconditional assent to the terms and conditions of this Solicitation and any attachments and/or exhibits.

Failure to provide all of these documents by the required date and time may preclude a quotation from award consideration at the discretion of the Government.

TECHNICAL CAPABILITY CERTIFICATIONS

Vendor shall self-certify that the equipment and services proposed either meets or does not meet the Government’s minimum requirements specified in the associated Statement of Work (SOW) reference by initialing in the “YES” or “NO” box in Attachment 1.

Any deviation to the Government specifications shall be identified as such – A detailed explanation shall be provided for each negative response.

In order to be considered for award, the table must be completed in its entirety and submitted with your quotation in accordance with the Instructions To Offerors.

Technical Acceptability: Determined by reviewing the technical capability certifications chart (per Attachment 1) submitted for each item (or specifications) to ensure that all of the technical requirements identified are met.

Technical acceptability will be defined as follows:

Technical Ratings Rating Description Acceptable Quote meets all of the requirements identified.

Unacceptable Quote does not meet all of the requirements identified.

Failure to meet any technical requirement for an item (or specification) will make the quotation unacceptable for that item (or that specification).

If an item (or specification) is technically unacceptable, its price will not be considered for award.

Per Amendment 0001, Statement of Work, Paragraph 4.11 has been changed to read:

Must be provided with four (4) – 16” DIA X 50’ LG insulated flex ducts per unit. Flex ducts must be able to handle airborne dust, have helical wire reinforcement.

STATEMENT OF WORK

10,000 CFM DUST COLLECTION UNIT

1. Scope:

1.1 Title: Dust collection for preservation of built-in tanks.

1.2 Location of work:

1.2.1 Inside NNSY Waterfront Controlled Industrial Area (CIA), Dry Dock 8.

1.3 Quantity: Contractor shall provide four (4) electric Dust Collectors and each Dust Collector shall provide a minimum 10,000 cubic feet per minute (CFM).

2. Reference:

2.1 OSHE OSHECM Chapter 250, Hazardous Energy Control (HEC)

2.2 All requirements stated are applicable to each unit provided by the Contractor.

3. General Specifications:

3.1 10,000 CFM Dust Collector, electric.

a. Design shall be in accordance with all State and Federal Codes: ANSI, NEMA, NEC, and the

ASME Pressure Vessel Code.

b. Unit will be in continuous use outdoors. Will be directly exposed to everyday weather and salt water air. All exposed components must be weather resistant. Must meet or exceed NEMA Type 4 for outdoor use.

c. Must handle at a minimum 10,000 CFM.

4. EQUIPMENT REQUIREMENTS:

4.1 Must be cartridge style, electric, with a minimum 40 HP fan.

4.2 Two (2) – 16” inlets on each dust collector.

4.3 Fan discharge must have manual damper to control the airflow.

4.4 Hoppers must empty into 55 gallon drums.

4.5 Motor must be 460V, 3 phase, 60HZ.

4.6 Electrical panel must be in NEMA 4 metal enclosure with lockable disconnect and Camlock cords.

4.7 Must come with hopper discharge adaptor, flex hose and 55-gallon drum cover.

4.8 Must have forklift pockets and 4 point certified lift frame.

4.9 Must have rigging sketch. Lifting and rigging must meet NAVFAC P-307 standards.

4.10 Must have stenciled gross weight on four (4) sides.

4.11 Must be provided with four (4) – 16” DIA X 50’ LG insulated flex ducts per unit. Flex ducts must be able to handle airborne dust, have helical wire reinforcement.

4.12 Each unit must come with in-line filter bank with new filters for painting option. In-line filter bank must have 16” inlet and 16” outlet, and rated for 10,000 CFM.

5. Contractor Requirements:

5.1 PICKUP/REMOVAL OF RENTAL UNITS:

5.1.1 Unless otherwise notified by NAVSEA Contracting, Norfolk Naval Shipyard, rental/lease unit(s) shall be picked-up (removed) by Contractor on the morning after expiration of the established contract period of performance.

5.1.2 In the event that this date occurs on a Saturday, Sunday, or a recognized Federal Holiday, the contractor may make the appropriate arrangements to pick-up the equipment on the first working day following the expiration of the contract at no additional cost to the Government.

5.1.3 If any difficulty is experienced in picking-up/removing unit(s), the Contractor MUST immediately request the Contracting Officer’s direction by contacting Ms. Denise L. Lee, Contract Specialist, at (757) 396-2046, email: denise.l.lee@navy.mil.

5.1.4 A Contractor’s failure to follow the above instructions regarding pick-up/removal of rental units may relieve the Government of any liability for further charges for the equipment.

5.2 Security and Access Requirements: A Delivery crew security clearance request is required for shipment offload within the CIA at NNSY. Contractor shall arrange the Security clearance request with NNSY Delivery point of contact (POC).

5.3 Contractor shall post the Emergency POC, phone number, contract number, and project specific assignment on equipment.

5.4 Deliver and retrieve the Dust Collector equipment to and from Norfolk Naval Shipyard, Portsmouth Virginia, inside the CIA Dry Dock 8 at no additional charge to the Government.

5.5 Make up electrical connection on units.

5.6 Provide all manuals and schematics for units and basic maintenance.

5.7 Provide equipment operation and basic maintenance training to shipyard personnel using equipment at time of delivery.

5.8 Provide all parts requiring repair or replacement under circumstances of normal equipment wear and tear at no additional charge.

5.9 The Contractor shall dispatch a representative in response to a service request to repair and/or replace any equipment within six (6) hours of notification by NNSY at no additional charge.

5.10 When the equipment is required to be moved to the Contractor's facility for repair or replacement, the

Contractor shall be responsible for loss or damage from the time it leaves the Government site until it is returned to the Government site.

5.11 Clean the units prior to delivery to the following requirements:

a. Units shall be cleaned to a degree of cleanliness that results in a surface free of grease, oil, flux, scale, dirt loose particles and any other matter foreign to the base metal. Adherent light superficial rust on steel surfaces, caused by short time exposure to the atmosphere, is acceptable.

b. For uncoated surfaces: Adherent corrosion products typical on surfaces of the type material being considered (e. g., flash rust on steel) are acceptable. Loose corrosion products are not acceptable and must be removed.

5.12 Contractor personnel shall notify the Temporary Service Zone Manager (TSZM) which will be provided upon award for authorization prior to any work or maintenance on rental unit.

5.13 For lost items by Government personnel and equipment damaged beyond normal wear and tear, the Contractor must submit a claim separate from rental. This is to be submitted no later than 60 days past the end of the rental period.

5.14 Contractor contacts NNSY prior to the end of rental period to confirm pickup date.

5.15 The equipment will be exposed to everyday weather and saltwater air. It is the Contractor’s responsibility to provide any protective covering for the units as required to prevent corrosion or damage due to being outside in saltwater rich air.

6. Government Responsibility:

6.1 Provide operators for equipment.

6.2 Perform limited routine maintenance.

6.3 Move equipment.

6.4 Responsible for lost items, equipment damage, and minor adjustments to equipment settings.

6.5 Provide POC (TSZM) for delivery, escort, and notification to the Contractor for rental pickup.

6.6 New or used equipment may be provided by contractor as long as units perform as specified for the duration of the rental period. NNSY reserves the right to inspect units at time of delivery to verify units meet specifications outlined in this Statement of Work.

6.7 The Government reserves the right to return one or all units at any time prior to the expiration of the rental period. The Contractor shall agree to prorate costs for the time the units are in NNSY only. The Government agrees to give the Contractor twenty-four (24) hour notice for return of units prior to expiration of the rental period.

7. Requests for Base Access:

7.1 Defense Biometric Identification System (DBIDS)

7.1.1 Any new contractor, vendor or supplier requesting base access AFTER 31 May 2017 will be required to obtain a DBIDS credential. NCACS credentials will no longer be issued.

7.1.2 Only DBIDS credentials will be issued to ALL contractors, vendors and suppliers seeking base access AFTER 14 August 2017.

7.1.3 Defense Biometric Identification System (DBIDS) increases installation security and communications by receiving frequent database updates on changes to personnel/credential status, law enforcement warrants, lost/stolen cards, and force protection conditions. The system provides a continuous vetting anytime the DBIDS card is scanned at an installation entry point.

7.2 NCACS Card Holders

7.2.1 If you currently have a Navy Commercial Access Control System (NCACS) card, the following is required to get a DBIDS credential:

7.2.1.1 Present your NCACS Card and a completed copy of the SECNAV FORM

5512/1 to the base Visitor Control Center representative.

7.2.1.2 The VCC will pull up your information in the computer, ensuring all information is current and correct.

7.2.1.3 Once your information is validated, a temporary DBIDS credential is provided.

7.2.1.4 Your temporary credential will have an expiration date, prior to which you will need to obtain your permanent DBIDS credential (~ 90 days).

7.2.1.5 For each additional U.S. Navy installation to which you need access, the first time you visit you only need to bring your DBIDS credential and statement of purpose for base access when arriving at the Visitor Control Center.

7.2.1.6 The representative will enter base access authorization and then you may proceed to work.

7.3 Non-NCACS Card Holders

7.3.1 If you do NOT have an NCACS Card, the following is required to obtain a DBIDS credential:

7.3.1.1 Present a letter or official document from my government sponsoring organization that provides the purpose for your access.

7.3.1.2 Present valid identification, such as a passport or Real ID Act-compliant state driver's license.

7.3.1.3 Present a completed copy of the SECNAV 5512/1 form to obtain your background check.

7.3.1.4 Upon completion of the background check, the Visitor Control Center representative will complete the DBIDS enrollment process, which includes your photo, finger prints, base restrictions, and several other assessments; after all this is done, you will be provided with your new DBIDS credential.

7.3.1.5 You may now proceed to work.

7.4 Non-Participants

7.4.1 One-Day Passes: Participation in the DBIDS is not mandatory, and if the Contractor chooses to not participate, the Contractor's personnel will have to obtain daily passes, be subject to daily mandatory vehicle inspection, and will have limited access to the installation. The Government will not be responsible for any cost or lost time associated with obtaining daily passes or added vehicle inspections incurred by non-participants in the DBIDS.

7.5 FOR ADDITIONAL QUESTIONS ABOUT OBTAINING A DBIDS CARD, CONTACT

YOUR LOCAL BASE VISITOR CONTROL CENTER. INFORMATION IS ALSO

PROVIDED AT: www.cnic.navy.mil/om/dbids.html

8. Enterprise-wide Contractor Manpower Reporting Application (ECMRA) Requirements

8.1 The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the NNSY via a secure data collection site.

Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom- Telecommunications

Transmission (D304) and Internet (D322) ONLY;

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

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

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

9. Points of Contact:

9.1.1 Technical POC: To be provided upon award

9.1.2 Invoice Certifying POC: To be provided upon award

9.1.3 Delivery of Equipment to the Shipyard Site POC: To be provided upon award

10. Safety Requirements:

10.1 "Per FAR 22.102-1(a) entitled "Safety", Contractors are hereby informed that their employees or representatives present on property under Norfolk Naval Shipyard cognizance must follow Federal and State OSHA requirements OSHE OSHECM Chapter Hazardous Energy Control (HEC) requirements or safety requirements for site specific location of the contract.

a. Contractors and Non-NNSY Government Agencies (NNGAs) are hereby informed that their employees or representatives present on property under Norfolk Naval Shipyard (NNSY) cognizance must adhere to Federal OSHA requirements for hazardous energy control IAW 29 CFR 1915.89 and must follow Hazardous Energy Control (HEC) procedures as identified in NAVSEA’s Occupational Safety, Health, and Environment Corporate Manual (OSHECM) Chapter 250 (latest revision), when performing work under NNSY contract. All HEC work to be performed by Contractors and NNGAs requires that NNSY Technical Points of Contact (TPOCs) and/or Contracting Officer’s Representatives (CORs) be notified of the HEC scope of work prior to starting work. Any changes or deviations in the initial scope of HEC work requires the NNSY TPOCs and/or CORs be informed of the change/deviation. Appendix 250.B-1 through B-3 of OSHECM Chapter 250 for multiple employer work identifies when Contractors and NNGAs are required to assign their Lockout/Tags-Plus Coordinator (LOTC) to coordinate HEC work with the cognizant NNSY LOTC. HEC locks shall be provided by the Contractor or NNGA for their employees use. The HEC locks shall have red bodies with name labels or name tags affixed, identifying who installed the HEC lock(s) and a point of contact telephone number. HEC lock name labels and tags must be made of materials that will hold up to the environment to which they are exposed. HEC tags used for Tags-Plus HEC work shall be provided by the cognizant NNSY LOTC to the Contractor or NNGA for their use if machinery, equipment, or systems (MES) cannot be locked out. OSHECM Chapter 250 Tags-Plus procedures will be strictly followed.

b. Contractors and NNGAs may obtain electronic copies of OSHECM Chapter 250 (latest revision) and access the OSHA 1915.89 web site by using the following link to NNSY’s public access web site: http://www.navsea.navy.mil/shipyards/norfolk/default.aspx

c. Names and contact information for NNSY LOTCs and/or the Building Monitor will be provided by NNSY TPOC and/or CORs set forth elsewhere in this award document.

11. Requirements for Lifting of Equipment

11.1 The equipment shall be outfitted with suitable attachments for overhead lifting.

11.1.1 For multiple point lifts, each lifting attachment shall be capable of supporting one half the gross weight of the equipment with a design factor of five to one based on ultimate strength.

For single point lifts, the lifting attachment shall be capable of supporting the gross weight of the equipment with a design factor of five to one based on ultimate strength.

11.1.2 For multiple point lifts, each lifting attachment shall be designed to accept a standard anchor shackle (Federal Specification RR-C-271D, Type IVA) which is capable of supporting one half the gross weight of the equipment. For single point lifts, the lifting attachment shall be designed to accept a standard anchor shackle (Federal Specification RR-C-271D, Type IVA) which is capable of supporting the gross weight of the equipment.

11.1.3 Design of the lifting attachments shall be such that the attachments and shackles are not side loaded more than 10° out of the plane. Lifting attachments shall be located such that the lifting slings do not contact the equipment, or alternatively a spreader beam certified to NAVFAC P-307 shall be provided. Whenever practical, the lifting attachments shall be located above the center of gravity, and such that the lifting slings do not contact the equipment housings.

11.1.4 Each lifting attachment shall be conspicuously marked in a contrasting color “Lift Here”.

Letters shall have a minimum height of 1”.

11.2 The equipment shall be marked in a prominent location with the gross weight. Sand hoppers, tubs, or other containers that may contain material shall be marked with the empty and full weight (or alternatively the empty weight and working load limit). Marking shall be upper case letters of a contrasting color, with a minimum height of 1”. Marking shall include the units (i.e. “pounds”, “long tons”, etc.).

11.3 The equipment shall be provided with a lifting sketch / rigging diagram that meets the requirements identified in Paragraph 12.

11.3.1 The lifting sketch shall detail any specific requirements and / or configurations that must be meet prior to lifting (i.e. “engage swing lock”, “Tilt mast back fully”, “Rotate lifting basket over side”, “Utilize 10’ minimum length slings”, “Spreader beam required”, etc.).

11.3.2 The lifting sketch shall include the location of the center of gravity of the equipment (full fuel, hydraulic tanks, etc.), equipment model/manufacturer, and gross weight.

11.3.3 A copy of the lifting sketch shall be permanently posted on the equipment, and a copy shall be forwarded to Code 714 (396-3345, 3346).

11.4 If specialized handling gear other than shackles, standard slings, or chainfalls (i.e. spreader beams, special lift rigs, etc.) is required, the Contractor shall furnish it. This handling gear shall be provided certified in accordance with NAVFAC P-307, with written documentation of proof testing.

12. Rigging Sketch Requirements

12.1 Rigging sketches, as a minimum, shall identify the following:

12.1.1 The weight of the load.

12.1.2 The location of the center of gravity.

12.1.3 The minimum crane capacity.

12.1.4 The minimum capacity / length of slings.

12.1.5 The minimum capacity of other standard rigging gear.

12.1.6 The attachment (lifting) points for the load.

a. The attachment points for multiple leg lifts shall be sized such that each attachment point can support half the load’s weight at the anticipated lift angle.

b. The attachment point for single leg lifts shall be sized such that the attachment point can support the entire load’s weight.

12.2 Limitations on allowable orientations for any parts making up the lifting assembly.

12.3 For single leg vertical lifts using twisted rope (wire or synthetic), two parallel ropes each capable of supporting the entire load alone shall be required unless a method is used to prevent unlaying the rope.

12.4 A minimum D/d ratio of one shall be required where wire rope slings pass over any object, or in the eyes of wire rope slings. A minimum D/d ratio of two shall be required where synthetic rope slings pass over any object, or in the eyes of synthetic rope slings.

a. "D" represents the diameter of the object the sling passes over.

b. "d" represents the diameter of the sling.

c. Table 14-3 of NAVFAC P-307 lists efficiency factors at various D/d ratios.

12.5 Components in each handling assembly shall be sized based on the worst case distribution of loads.

a. When making a two, three, or four-point lift, the handling gear shall be sized so that two legs can support the load without exceeding the safe working load (SWL) at the lift angle expected, unless an equalizing method is used.

12.6 When non-standard gear is required (i.e., round stock lifting bars) written instructions shall be provided that ensure:

a. The proper material is being used,

b. The item is certified IAW NAVFAC P-307.

c. Any special requirements or dimensions are followed to ensure that engineering assumptions are met (i.e., eccentricity of the bearing points).

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (OCT 2018)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Nov 2016) of 52.219-9.

____ (iii) Alternate II (Nov 2016) of 52.219-9.

____ (iv) Alternate III (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Aug 2018) of 52.219-9.

X (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (Feb 1999) of 52.222-26.

X (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

____ (ii) Alternate I (July 2014) of 52.222-35.

X (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

____ (ii) Alternate I (July 2014) of 52.222-36.

X (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).

____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-14.

____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-16.

____ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

____ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

____ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).

____ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

____ (46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____ (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (48) 52.225-5, Trade Agreements (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C. 3332).

____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

____ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx. 1241(b) and 10 U.S.C. 2631).

____ (ii) Alternate I (Apr 2003) of 52.247-64.

____ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

_____ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

_____ (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

_____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

_____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) _____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O.

13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xviii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

The following have been deleted:

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

(End of Summary of Changes)