N4215823Q0036_TRUMAN REEFERS.pdf

N4215823Q0036

This is a COMBINED SYNOPSIS/SOLICITATION for commercial items prepared in accordance with the information in FAR Subpart 12.6, 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;

a written solicitation will not be issued. PAPER COPIES OF THIS SOLICITATION WILL NOT BE AVAILABLE. The RFQ number is N4215823Q0036. This solicitation documents and incorporates provisions and clauses in effect through FAC 2023-04 and DFARS Change Notice 06/09/2023. 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 https://www.acquisition.gov/dfars. The NAICS Code is 532490(Other Commercial and Industrial Machinery and Equipment Rental and Leasing) and the Small Business Standard is $40M. This is a competitive, 100% Small Business Set-Aside procurement action.

Norfolk Naval Shipyard Contracting Department, Code 400, requests responses from qualified sources capable of providing: RENTAL OF FIVE (5) 40FT Self-Contained walk-in Refrigerated Boxes IAW Statement of Work.

Monthly quotes must be quoted for 30 DAYS to be considered.

ADDENDUM TO 52.212-1

INSTRUCTIONS TO CONTRACTORS

This procurement action is being processed in accordance with FAR Part 12 Acquisition of Commercial Items, using Simplified Acquisition Procedures under the test program for commercial items found at FAR 13.5

Quotations shall be emailed to Kimberly Richardson; e-mail: kimberly.e.richardson2.civ@us.navy.mil by 12:00PM Eastern time Tuesday August 1st, 2023.

Quotations will consist of the following documents submitted together:

1. Completed representations and certifications unless otherwise available in SAM;

2. Technical acceptability: Self-certification by way of completing the Technical Capabilities/Contractor responsibility Statement (Attachment A)—verifying contractor is providing unit per specifications IAW the Statement of Work; Technical Capabilities/Contractor responsibility Statement can be found at the bottom of EACH TECHNICAL

CAPABILITY SECTION — FAILURE TO PROVIDE WILL RENDER QUOTE INELIGABLE FOR AWARD;

3. Price for each line item being quoted with best delivery in accordance with the Schedule.

FAR 52.212-2, Evaluation — Commercial Items is applicable to this procurement. The Government will award a contract resulting from this Request for Quotation (RFQ) to the responsible quoter whose quotation conforms to the RFQ and will be the most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate quotations:

1. Technical Capability;

2. Delivery;

3. Price

Technical acceptability will be determined by reviewing the technical certifications submitted for each item to ensure that all of the technical requirements identified are met. Technical acceptability will be defined as follows:

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

Unacceptable Quote does not meet all of the requirements identified.

Contractors who fail to possess acceptable technical capability will not be considered for award and the other elements of their quotation will not be 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.

For purposes of award amongst all of the technically acceptable quotations, delivery schedule will be considered to be of equal importance when compared to price.

mailto:kimberly.e.richardson2.civ@us.navy.mil

NOTE: Quotations determined to be technically unacceptable shall not be further evaluated for award. Of the technically acceptable quotations, the Government reserves the right to award to other than low based upon a selection determined to be the best value to the Government, price and other factors considered.

Although price is considered to be equal in importance to delivery, it has the potential to become more significant during the evaluation process. The importance of price will increase as the degree of equity in a respondent’s non-cost quotations rise. The importance of price will also increase when a quotation’s price is so significantly high as to diminish the value to the Government that might have been gained under the other aspects of the quotation. If at any point in the evaluation all respondents are determined to have submitted equal or generally equivalent non-cost quotations, price may become the factor in determining the contractor selected for award.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2 Months

RENTAL OF 5 REFRIGERATED BOXES

FFP

RENTAL OF 5 REFRIGERATED BOXES

DAILY RATE/BOX: $ ______________

WEEKLY RATE/BOX: $ _______________

MONTHLY (30 DAYS) RATE/BOX: $ _____________

FOB: Destination

MILSTRIP:

PURCHASE REQUEST NUMBER:

PSC CD: W039

NET AMT

STATEMENT OF WORK (SOW)

(WALK-IN REFRIGERATED BOX RENTAL)

USS HARRY S TRUMAN (CVN 75) AT (NNSY)

1. Scope:

1.1 Title: WALK-IN REFRIGERATED BOX

1.2 Norfolk Naval Shipyard requires the rental of FIVE (5) 40FT Self-contained walk-in refrigerated boxes

(electric) for acceptable space for food and medicine storage.

1.3 Location of work:

1.3.1 NORFOLK NAVAL SHIPYARD (NNSY) Inside NNSY waterfront CIA area in support of the

Truman Project at Pier 5A.

2. Reference and Guiding Documents:

2.1 Refrigerated boxes shall comply with all governing codes and Naval Standards including the most recent Unified Facilities Criteria, International Building Code 2012, ADA and Requirements for

Lifting Equipment.

2.2 United Facilities Criteria (UFC) 1-200-01, 3-301-01, 3-600-01.

2.3 National Fire Protection Association (NFPA) 1, Fire Code.

2.4 National Fire Protection Association (NFPA) 70, National Electrical Code (NEC).

2.5 Federal Specification RR-C-271H.

2.6 Hazardous Energy Control (HEC) procedures as identified in NAVSEA’s Occupational Safety, Health, and Environment Corporate Manual (OSHECM) Chapter 250 (latest revision) (See web site in section 8.1.(b)).

3. General Specifications and Requirements:

3.1 Equipment Requirements:

3.1.1 Unit(s) will be cleaned, disinfected, and ready to store food or medicine prior to delivery.

3.1.2 Each unit shall be a minimum of 8’ wide x 8’ high (not including refrigeration unit) x 40’ long.

3.1.3 Unit shall be electrically powered and capable of running 24 hours a day / 7 days a week. See attached enclosures (1), (2), (3) and (4).

3.1.4 Unit shall be rated at 200 amps or less. See attached enclosures (1), (2), (3) and (4).

3.1.5 Unit shall be capable of keeping a constant temperature of -3 degrees to 42 degrees (Fahrenheit).

3.1.6 Each unit shall be hurricane proof to 110 MPH winds and also must be water resistant.

3.1.7 Each unit that has forklift connections in lieu of overhead rigging equipment and associated gear shall have forklift channels 5”x10” inside dimension the full width of the unit and enclosed on sides.

3.1.8 There shall be no windows in the units.

3.1.9 Each unit shall have exterior camlok connections to box feeding a 600 Volt, 40A (amp) 2-pole circuit breaker enclosed in a NEMA 3R enclosure feeding a 15kva, 440/240V primary:240/120V secondary, single-phase transformer. This is to feed a 15 kva, 480/240 volt primary, 240/120 volt secondary single phase transformer (see enclosure (2)). See enclosure (4) for a list of exterior equipment. Equivalent material may be substituted. Power cable end fittings (camlok) will be lugged and color coded to indicate proper phasing. See attached enclosures (1), (2), (3) and (4).

3.1.10 Each unit shall be in compliance with applicable NFPA and NEC requirements.

3.1.11 Each unit shall comply with the applicable OSHA regulations.

3.1.12 Each unit doors are to swing outward and the doors must be capable of being locked.

3.1.13 Unit shall be capable of being moved via forklift and/or lifting pad eyes. Unit shall have weight clearly marked for lifting purposes.

3.1.14 The equipment shall be outfitted with suitable attachments for overhead lifting (if applicable).

3.1.15 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.

3.1.16 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.

3.1.17 Design of the lifting attachments shall be such that the shackles are not side loaded. This is not applicable for forklift lifting.

3.1.18 Each lifting attachment shall be conspicuously marked in a contrasting color “Lift Here”. Letters shall have a minimum height of 1”.

3.1.19 The equipment shall be provided with a lifting sketch / rigging diagram.

3.1.20 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.).

3.2 One row of surface mount fluorescent twin tube strip type interior light fixtures with energy efficient electronic ballast and 32 watt fluorescent bulbs. Mount in center of enclosure. Light fixtures shall be blast proof.

3.3 All Wire must be THHN or THWN, 75 degrees Celsius (min), size as indicated. Do not substitute wiring type/temperature rating unless the ampacity of wire and conduit fill requirements are evaluated to ensure NEC compliance.

3.4 Electrical Metallic Tubing (EMT) is specified on drawings. The NEC requires EMT to be supported within 3 ft of each box or conduit body and supported every 10 ft (min).

3.5 Liquid Tight Flexible Metal Conduit (LFMC) may be used on the exterior instead of EMT. The NEC requires LFMC to be supported within 1 ft of each box or conduit body and supported every 4.5 ft

(min).

3.6 The NEC requires the following color code for electrical wires:

3.6.1 Neutral (grounded conductor) = white

3.6.2 Note: may be phased taped white if larger than #6 AWG.

3.6.3 Ground (Equipment grounding conductor) = green

3.7 Contractor may use a fusible disconnect switch, NEMA 3R with current limiting fuses rated the same size as the circuit breaker in the enclosure (2) (PC-4 and PC-5).

3.8 Receptacles: 120 volt, 20 Amp Quad type receptacle wired on a #12 AWG (min of two Quad

Receptacles per circuit). Provide (1) ea 120 volt, 15 amp duplex GFCI test type receptacle wired on a dedicated circuit mounted on the exterior in a weatherproof box beside the unit.

3.9 A typical transformer wiring diagram is shown in enclosure (3) in the drawing, use the manufacturers wiring schematic to connect transformer (schematic usually located on front panel of transformer).

Transformer size may be adjusted depending on load demand of walk in refrigerated box enclosure.

3.10 Transformer frame shall be bonded to unit frame using appropriate size bonding jumper from NEC table 250.122, per NEC.

3.11 Markings:

3.11.1 The equipment shall be marked in a prominent location with Contractor Point of Contact information (i.e. Name and cell phone number) and contract period of performance.

3.11.2 The equipment shall be marked in a prominent location with the gross weight. 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.).

3.11.3 A decal shall be on each unit with the following information: Contractor company name, contract number and a unique number. The unique number must be different on each unit. The decal shall have the following: minimum of 8.5” x 11” in size, white in color with black writing. The decal is to be located on one of the doors of the unit. If the half of the unit does not have a door, an 11/3” x 4” at minimum label shall be placed on the electrical panel on the inside of the unit.

4. Period of Performance:

4.1 8/3/2023 – 10/3/2023.

5. Contractor Requirements:

5.1 Provide POC information (name and phone number) on the equipment for NNSY to notify contractor of equipment failures.

5.2 Delivery crew security clearance request is required for shipment offload within the Controlled

Industrial Area at NNSY. Contractor shall arrange the Security clearance request with the pass office at NNSY. See DBIDS section 10.1 through 10.14 for DBIDS participants.

5.2.1 One-Day Passes, Contact (OPZM) POC and fill out visit request form, NNSY 5512/104, also this request form must be presented to Pass Office by (OPZM) POC at least one day (M-F) prior to the visit or earlier. Prior to visit contact delivery POC to assist in one day pass at the pass office and delivery POC will provide shipyard site (escort). 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.

5.3 Deliver and retrieve the walk-in refrigerated box to Norfolk Naval Shipyard, Portsmouth Virginia, inside the Controlled Industrial Area. (Exact location to be shown upon delivery by escort or

(OPZM)).

5.4 Connect the accessory equipment that is not integral to the walk-in refrigerated box. See attached enclosures (1), (2), (3) and (4).

5.5 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 (OPZM) 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 require the NNSY TPOCs and/or CORs be informed of the change/deviation. Appendix 250.8-1 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.

5.6 Provide commercial operating instruction manuals for the walk-in refrigerated box to (OPZM) POC.

5.7 Provide 24 hour a day, seven-day a week on-call repair service during the rental period. The vendor will be responsible for initiating repairs on-site, at Norfolk Naval Shipyard, within 12 hours of verbal or written notification that the equipment has malfunctioned. The contractor will replace the malfunctioning component if the system cannot be returned to service within 16 hours of being notified of the original malfunction.

5.8 Before any leased/purchased temporary production facility will be accepted by the government an inspection at NNSY will be performed to ensure that the contractor has provided a product that conforms to the agreed specifications. If the inspection is not satisfactory, the contractor has 3 business days to correct the discrepancies (at contractor’s cost) or the temporary production facility will not be accepted the government.

5.9 Contractor provide representative within 24 hours in order to modify units in the event the customer determines the units do not meet contract specifications.

5.10 Contractor personnel shall notify the Operations Zone Manager (OPZM) POC for authorization prior to any work or maintenance on rental unit.

5.11 Lost items by Government personnel and equipment damaged beyond normal wear and tear

Contractor must submit a claim separate from rental. This is to be submitted within 30 days of the end of the rental period.

5.12 The rental period shall be for slightly over three months with the option to return the unit to the contractor prior to end of contract allowing for a contract price reduction prorated per the monthly rate. The contract shall also include options for increasing the length of the rental for up to two six months increments beyond original contract.

5.13 Contractor to contact (OPZM) prior to the end of rental period to confirm pickup date.

6. Government Responsibility:

6.1 Government shall provide contractor ready access to the job location during contractor’s working hours

(i.e., weekdays between the hours of 7:30 AM and 4:00 PM). Emergent services outside these hours will require government approval and will be no cost to the government. The government is responsible for the cost of all additional approved or requested maintenance and repairs not specifically covered under this

Agreement or any applicable warranties. The government will prevent anyone other than contractor from maintaining, repairing or modifying its product.

6.2 The government agrees to, upon satisfactory delivery and installation; connect walk in refrigerated boxes to temporary services. The government will also have temporary services disconnected upon completion of the contract in order to allow the contractor to remove the container or equipment from the shipyard.

6.3 The government will provide a COR, from code 400, to this project to maintain the contract is being completed and a C400/COR representative will be the point of contact to escort, if needed, once the contract is award.

7. Points Of Contact:

7.1 Invoice Certifying POC: TBD

7.2 Delivery POC: TBD

8. Safety Requirements:

8.1 "Per FAR 22.102-1(a) entitled "Safety", Contractors are hereby informed that their employees or representatives present on property under Naval Base Norfolk 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 Base 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 (OPZM) 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/Home/Shipyards/Norfolk/NNSY-

Forms/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.

9. DBIDS:

9.1 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.

9.2 Only DBIDS credentials will be issued to ALL contractors, vendors and suppliers seeking base access

AFTER 14 August 2017.

9.3 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.

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

9.4 Present your NCACS Card and completed copy of the SECNAV FORM 5512/1 to the base Visitor Control

Center representative.

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

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

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

9.8 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.

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

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

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

9.11 Present valid identification, such as a passport of Real ID Act – compliant state driver’s license.

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

9.13 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.

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

FOR ADDITIONAL QUESTIONS ABOUT OBTAINING A DBIDS CARD, CONTACT YOUR

LOCAL BASE VISITOR CONTROL CENTER, INFORMTAION IS ALSO PROVIDED AT:

www.cnic.navy.mil/om/dbids.html 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 (One-Day 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 (One-

Day Passes) or added vehicle inspections incurred by non-participants in the DBIDS.

One-Day Passes, See paragraph 5.2.1.

10. PICKUP/REMOVAL OF RENTAL UNITS:

The government reserves the right to return one or all units at any time prior to the expiration of the rental period. The contractor agrees to prorate costs for the time the units are in use by NNSY only. The government agrees to give the contractor twenty-four (24) hours-notice for return of units prior to expiration of rental period.

Unless otherwise notified by NNSY C400 Contracting Dept, 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. 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.

If any difficulty is experienced in picking-up (removing) unit(s), the Contractor MUST immediately request the Contracting Specialist's direction by contacting Kimberly Richardson, Code 432, via telephone 757-396-

1842 AND providing notification of same via email to kimberly.e.richardson2.civ@us.navy.mil.

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

INSPECTION AND ACCEPTANCE TERMS

http://www.cnic.navy.mil/om/dbids.html mailto:kimberly.e.richardson2.civ@us.navy.mil

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 03-AUG-2023 TO

03-OCT-2023

N/A NORFOLK NAVAL SHIPYARD

SEE STATEMENT OF WORK

FOR DELIVERY AND CONTACT

INFORMATION

PORTSMOUTH VA 23709

TEL: WITHIN

FOB: Destination

N42158

CLAUSES INCORPORATED BY REFERENCE

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

52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

NOV 2021

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

Commercial Services

NOV 2021

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

NOV 2021

52.247-34 F.O.B. Destination NOV 1991

52.252-5 Authorized Deviations In Provisions NOV 2020

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense

Telecommunications Equipment or Services

JAN 2021

252.204-7022 Expediting Contract Closeout MAY 2021

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

APR 2020

252.244-7000 Subcontracts for Commercial Items JAN 2021

252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 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)

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

COMMERCIAL SERVICES (MAY 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 https://www.sam.gov/ disadvantaged in accordance with 13 CFR part 127. 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.

"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 the field of operation in which it is bidding on Government contracts, 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.

"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 the 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.

(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 it [ ___ ] is, [ ___ ] is not a small business concern.

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

(3) 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 it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.

(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.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that— http://www.sam.gov/

(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB

Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(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…