N4215823Q0021 Flask RFQ.pdf

N4215823Q0021

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Part 12, Acquisition of Commercial Items, using Simplified

Acquisition Procedures under the test program for commercial items found at FAR 13.5, as supplemented with the additional information included in this notice. This announcement constitutes the only solicitation. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE.

This combined synopsis/solicitation shall be posted on The Official U.S. Government System for

Contract Opportunities at SAM.gov. The Request for Quotations (RFQ) number is N4215823Q0021.

This solicitation documents and incorporates provisions and clauses in effect through FAC 2023-01 and DFARS Change 30 December 2022. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses:

https://www.acquisition.gov/browse/index/far and http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html. The NAICS Code is 336611

(Electronic and Precision Equipment Repair and Maintenance) and the size standard is 1250 employees. This acquisition is a total Small Business Set-Aside.

Naval Sea Systems Command (NAVSEA), Norfolk Naval Shipyard (NNSY) intends to award a Firm

Fixed Price (FFP) Single Award Contract, to perform chemical cleaning and interior preservation of

Catapult High Pressure (HP) Air Flask. The requirement will be solicited as a Small Business Set-Aside.

The NAICS code applicable to this procurement is 336611, Chemical Cleaning and Interior Preservation of Catapult High Pressure (HP) Air Flask (70 cubic foot, NAEC P/N 509041-1) for Catapult #4 located at

NNSY. The Product Service Code is J019 (Maintenance/ Repair/ Rebuild of Equipment –Ships, Small

Craft, Pontoons, and Floating Docks).

The period of performance for this acquisition is anticipated to begin 08 May 2023 through 10 June 2023.

The solicitation, any documents related to this procurement, and all amendments issued will be in electronic form. The solicitation is available and posted to this site with a close date of 13 April 2023 at 9:00AM EST (Eastern Standard Time).

Solicitation N4215823Q0021 and subsequent amendments will be posted to this website (SAM.gov).

Prospective Offeror’s are responsible for downloading their own copy of the solicitation and for frequently monitoring the SAMs website for solicitation amendments. The Government is not responsible for inability of the Offeror’s to access solicitation documents posted. Prospective Offeror’s should also register at SAM on the interested vendor list under N42158123Q0021. No telephone or Fax request will be accepted, and no hard copy solicitation/amendment will be mailed or faxed. Offeror’s must also be registered in the System for Award Management in order to participate in this procurement at http://www.sam.gov.

All responsible sources may submit a proposal which shall be considered by the Government. By submitting a proposal, the offeror will be self- certifying that neither the principal corporate officials nor owners are currently suspended, debarred, or otherwise ineligible to receive contracts from any federal agency. Failure to do so may represent grounds for refusing to accept the proposal. By submission of a proposal, the offeror acknowledges the requirement that a prospective awardee must be registered in the

System for Award Management (SAM) database will make an offeror ineligible for award, during performance, and through final payment of any contract resulting from the solicitation, except for awards to foreign vendors for work to be performed outside the United States. Offerors may obtain information http://www.sam.gov/ on registration and annual confirmation requirements by calling 1-866-606-8220, or via the internet at https://www.sam.gov. All questions shall be submitted in accordance with the solicitation, dates and procedures.

RFQ closes and responses to this RFQ are due on or before Wednesday, 13 April 2023 at 09:00

AM EST. Send Quotes and Questions directly to EMAIL Addresses at kristoffer.p.smith.civ@us.navy.mil and theresa.m.clark36.civ@us.navy.mil https://www.sam.gov/ mailto:theresa.m.clark36.civ@us.navy.mil

STATEMENT OF WORK

Scope:

1.1 This Statement of Work (SOW) defines the effort required to accomplish chemical cleaning and internal preservation of hydraulic accumulator high pressure, 70 cubic foot air flask for catapult #4.

1.2 Location of Work:

1.2.1 Naval Station Norfolk, Norfolk, Va. 23511

1.2.2 03-161-2-Q USS Dwight D Catapult #4 Retraction Engine Machinery Room

References:

2.1 NAVSEA Standard Items FY 23

2.2 NAEC 509041 Rev J, Air Flask, Spherical Mounting, 70 Cu. Ft, 3000 psi

2.3 MIL-DTL-16232H 15 September 2020 Phosphate Coating, Heavy, Manganese or Zinc Base

2.4 Local Work Template 042-37-001, General Requirements for Work Within Naval Station Norfolk;

Accomplish

2.5 CDRLs: A001 Condition Found Report, A002 Test/Inspection Report.

2.6 Local Work Template 042-14 Norfolk Naval Shipyard (NNSY) Work Authorization Form (WAF)

Requirements; accomplish

Contractor Responsibilities:

3.1 The Contractor shall provide a Process Control Procedure (PCP) IAW NAVSEA Standard Item 009-09 of applicable document 2.1.

3.2 The Contractor shall adhere to all requirements of applicable document 2.6.

3.3 The contractor shall provide a written procedure identifying cleaning and coating processes. Process time, temperature, chemical concentrations, process controls, and acceptance criteria shall be listed for each step of the application process as part of their technical proposal prior to award. Proposal will be forwarded by

NNSY Engineering Tech Code to Naval Air Engineering Center (NAEC) Lakehurst for approval.

3.4 Contractor shall use the specified revisions of technical documents to agree with the requirements of the

Authorized Work Package. Arbitrary use of revision available is not acceptable.

3.5 Prior to the start of work, the Contractor shall provide Contracting Officer Representative (COR) a condition report via CDRL A001 of any additional components or services that the Contractor needs NNSY to support (i.e., disposal of hazardous waste, work site laydown areas, project administrative support, etc.).

There may be additional support needed for conditions discovered during work.

3.6 The Contractor shall adhere to all general requirements for Naval Station Norfolk specified in reference

2.4.

3.7 The Contractor shall develop and complete all paperwork, including but not limited to Technical Work

Documents (TWDs), Test Documents, Condition Reports, and request forms.

3.8 Any request for deviation or waiver of any technical requirement shall be submitted by the Contractor as described in 009-01 of reference 2.1.

3.9 Material Requirements:

3.9.1 During repairs, Contractor shall identify any contingent material items required and identify items to

Contracting Officer Representative (COR) per CDRL A001. Additional material items will be New Work and funding arrangements will be made through the Non-Nuclear Business and Strategic Planning Office

(BSPO) at that time.

3.10 The Contractor shall provide all equipment, chemicals, rigs, adapters, pumps, and hoses necessary to accomplish tasked work. Work to include the following:

3.10.1 Perform internal chemical flush, cleaning and Internal Preservation of Catapult #4 high-pressure spherical air flasks, 70 cubic foot capacity, NAEC P/N 509041-. The flask internal surfaces shall be cleaned and coated IAW Reference 2.3, Type Z Class 4

3.10.2 (G) Contractor shall notify Engineering Tech Code 72 hrs prior to performing citric acid cleaning.

3.10.3 In the event citric acid cleaning is utilized to achieve cleanliness, an acid inhibitor shall be used. Acid shall be mixed to target a pH no lower than 3 pH levels, iron concentration, and temperature readings shall be taken every 30 minutes. Flush shall occur for two hours or until the filter bag is free of particulate but shall circulate no longer than three hours.

3.10.4 (I) (G) Contractor shall verify cleanliness of Air Flask Internal Surfaces IAW 009-107 of Reference 2.1 prior to adding the phosphate coating IAW Reference 2.3.

3.10.5 (I) (G) Contractor shall coat internal surfaces of the Air Flask IAW the following:

3.10.5.1 Contractor shall provide OQE IAW Section 6.9 of Reference 2.3 that the phosphate-water coating mix ratio (Concertation %) was applied IAW the Coating Supplier’s Technical Data Sheet.

3.10.5.2 Contractor shall provide OQE IAW Section 6.9 of Reference 2.3 that the temperature of the phosphate-water coating mix was maintained IAW the Coating Supplier’s Technical Data Sheet.

3.10.5.3 Contractor shall provide OQE IAW Section 6.9 of Reference 2.3 that the Total Acid and Iron

Content of the phosphate-water coating mix was maintained IAW the Coating Supplier’s

Technical Data Sheet. Readings shall be measured and recorded at least once every hour.

3.10.5.4 Contractor shall immediately notify the supervisor if at any point during performance of Paragraph

3.9.6 if surfaces do not meet the requirements of Reference 2.3 (Section 3.10 & 6.6 especially).

3.10.5.5 Contractor shall coat a sample piece of metal provided by NNSY during the air flask coating using the same application methods and duration to verify the coating applied is IAW Reference 2.3, Type Z Class 4. Sample piece shall be turned over to the supervisor after final coating has been applied.

3.10.6 Contractor shall notify the supervisor with OQE IAW Section 6.9 of Reference 2.3 (inspection report, photos, coating surface readings, etc.) of the final coating applied IAW Paragraph 3.9.6 within 24 hours of the coating being applied.

3.10.7 Contractor shall submit all inspection results to Norfolk Naval Shipyard, Code 263 & Contracting Officer

Representative (COR). CDRL A002

3.10.8 Waste shall be handled IAW Reference 2.4. Hazardous waste shall be handled by NNSY. Non-hazardous waste shall be handled by the contractor.

3.11 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; Norfolk Naval Shipyard OSHE Program Manual, NAVSHIPYDNORINST

P5090.2 requirements; OSHE Control Manual (OSHECM) requirements; or safety requirements for site specific location of the contract.

3.12 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.

3.13 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

Government Responsibility:

4.1 During pre-award technical review will submit written cleaning and coating processes to Naval Air

Engineering Center (NAEC) Lakehurst for approval prior to award.

4.2 Disconnection and Reassembly of air flask piping.

4.3 Provide adequate water for flushing, rinsing and mixing chemicals, as well as thorough flushing of the system following the cleaning procedure. (As Required)

4.4 Provide connections for the circulation and draining of the equipment to be cleaned. (As Required)

4.5 Ship’s force personnel to operate equipment, as necessary. (As Required)

4.6 Lighting for night work, as needed. (As Required)

4.7 Personnel available to repair possible leaks on equipment being cleaned. (As Required)

4.8 Fork lift available (if needed) to assist in Unloading/Reloading equipment. Contractor must provide notice to the Work Integration Leader/Zone Manager that a forklift with operator is required. Note: Ship’s Force may provide these services at the option of the NNSY Project team. (As Required)

4.9 Provide craft labor. (As Required)

4.10 Restroom facilities as needed for duration of service.

4.11 Adequate steam source near pumping location. For this job, a 50 psi, 1” source is preferred. The contractor shall use temporary service request form NNSY 9900/12 for requests. (As Required)

4.12 110 volt electric supply for testing equipment. The contractor shall use temporary service request form

NNSY 9900/12 for requests. (As Required)

4.13 Compressed Nitrogen and air (3/4” @ 100 psig minimum) source near equipment staging area. The contractor shall use temporary service request form NNSY 9900/12 for requests .(As Required)

4.14 Removal of drum internals, such as demister pads, and any other equipment that will interfere with the flow of chemical cleaning. .(As Required)

4.15 Remove safety relief valves, and blank off any equipment which should not come into contact with chemistry. . (As Required)

4.16 Electric supply and electrician to hardwire pumping skid to electrical source. The electric needs are 440

Volt, 3 Phase, 50 amps running. The contractor shall use temporary service request form NNSY 9900/12 for requests. . (As Required)

4.17 Provide a sample piece to be coated IAW Section 3.9.6 of the SOW. This sample piece will be provided to the contractor simultaneously with coating the air flask.

4.18 Communicate with Lakehurst Representative 72 hrs prior to cleaning upon notification as required in

Section 3.11.2. of SOW.

5. Request for Base Access

5.1 Defense Biometric Identification System (DBIDS):

5.1.1 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.

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

5.1.3 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.

5.2 NCACS Card Holders

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

5.2.1.1 Present your NCACS Card and a completed copy of the SECNAV FORM 5512/1 to the base Visitor Control Center representative.

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

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

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

5.2.1.5 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.

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

5.3 Non-NCACS Card Holders

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

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

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

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

5.3.1.4 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.

5.3.1.5 You may now proceed to work.

5.4 Non-Participants

5.4.1 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.

5.5 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

Period of Performance:

6.1.1 5/8/23 to 6/10/23

Points of Contact:

7.1.1 Contracting Officer Representative (COR): To Be Determined

7.1.2 Technical POC: C431 Contract Specialist per C244A email dated October 19, 2022

7.1.3 Certifying POC: Gary Wheeler; 757-284-1178; gary.d.wheeler1.civ@us.navy.mil

Government Furnished Material (GFM):

8.1 LLTM:

8.1.1 None.

8.2 Push Material:

8.2.1 None.

8.3 Kitted Material:

8.3.1 None.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

CHEM CLEAN AND INTERIOR PRESERVATION

FFP

NORFOLK NAVAL SHIPYARD OFF YARD CARRIERS (OYC)

TO CONTRACT THE PERFORMANCE OF CHEMICAL

CLEANING AND INTERIOR PRESERVATION OF CATAPULT

HP AIR FLASK.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and

Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

MILSTRIP: N4215823RC30471

PURCHASE REQUEST NUMBER: N4215823RC30471

PSC CD: J019

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Set CDRLs

FFP

Data for CLIN 0001. The data to be furnished shall be prepared in accordance with the Contract Data Requirements List (CDRL) DD Form 1423 within Attachemnt 1.

The cost associated with the required CDRLs shall be included in the cost of the aforementioned CLIN(s).

FOB: Destination

PURCHASE REQUEST NUMBER: N4215823RC30471

PSC CD: J019

NET AMT

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 08-MAY-2023 TO

10-JUN-2023

N/A NAVAL STATION NORFOLK (NOB)

SEE STATEMENT OF WORK FOR

PLACE OF PERFORMANCE

NORFOLK VA 23511

TEL: SEE SOW

FOB: Destination

N00189

0002 POP 08-MAY-2023 TO

10-JUN-2023

N/A PLACE OF PERFORMANCE

CVN69 COR

NORFOLK NAVAL SHIPYARD

PORTSMOUTH VA 23709-5000

FOB: Destination

N42158

CLAUSES INCORPORATED BY REFERENCE

52.204-2 Security Requirements MAR 2021

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

52.204-22 Alternative Line Item Proposal JAN 2017

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

NOV 2021

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

Commercial Services

DEC 2022

52.219-14 Limitations On Subcontracting OCT 2022

52.222-41 Service Contract Labor Standards AUG 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.245-1 Government Property SEP 2021

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 DEC 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2023

252.211-7003 Item Unique Identification and Valuation JAN 2023

252.211-7007 Reporting of Government-Furnished Property MAR 2022

252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010

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

Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023

252.225-7048 Export-Controlled Items JUN 2013

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned

Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.232-7017 Accelerating Payments to Small Business Subcontractors--

Prohibition on Fees and Consideration

JAN 2023

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property JAN 2021

252.245-7003 Contractor Property Management System Administration APR 2012

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--

Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-

Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph

(d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause

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

Equipment.

(b) Prohibition.

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

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

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

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

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

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

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The

Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

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

(i) For covered equipment--

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as

OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered

(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

(End of provision)

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

2020)

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

Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)

(https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

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

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [ ___ ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

(Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.)

Technical and past performance, when combined, are . (Contracting Officer state, in accordance with FAR

15.304, the relative importance of all other evaluation factors, when combined, when compared to price.)

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

"Reasonable inquiry" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain

Telecommunications and Video Surveillance Services or Equipment.

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

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

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

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

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

(50 U.S.C. 1702(b)(3)).

"Service-disabled veteran-owned small business concern"--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"--

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

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

CFR 121.103.

"Small disadvantaged business concern, consistent with 13 CFR 124.1002", means a small business concern under the size standard applicable to the acquisition, that--

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

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

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

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

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

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

51 percent of the stock of which is owned by one or more women; and

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

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

United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR

127.300.

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and

Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___

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

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

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

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part

19 in accordance with 19.000(b)(1)(ii). Check all that apply.

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

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

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR

121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ ]

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

http://www.sam.gov/

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

(6) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: _________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana

Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri

Lanka, Bhutan, the…