N4215823QS049.pdf

SEE ADDENDUM

(No Collect Calls)

N4215823QS049 18-Jul-2023

b. TELEPHONE NUMBER

757-396-0964

8. OFFER DUE DATE/LOCAL TIME

05:00 PM 24 Jul 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N421589. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

SEBASTIAN W EDWARDS

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

N4215823RC30708

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

NORFOLK NAVAL SHIPYARD

ATTN: SEBASTIAN EDWARDS

SUB & FLEET SUPPORT BRANCH

C452, BLDG 65, 2ND FLOOR, RM 201

PORTSMOUTH VA 23709-1022

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-C9

CODE15. DELIVER TO CODE N42158 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NORFOLK NAVAL SHIPYARD

SEE SCHEDULE

NORFOLK NAVAL SHIPYARD

PORTSMOUTH VA 23709-5000

TEL: (757) 396-8670 FAX:

757-396-9797FAX:

TEL: 757-396-0964

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$40,000,000

NAICS:

532490

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF53

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

N4215823QS049

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months

GENERATOR RENTALS

FFP

FOR THE RENTAL OF A 300 KW GENRATOR

PICKUP/REMOVAL OF RENTAL UNITS:

Unless otherwise notified by NNSY Contacting Office, Code 452, 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 Officer’s direction by contacting the

Purchasing Agent Sebastian Edwards, Code 452 via telephone at 757-396-0964

AND providing notification of same via email to sebastian.edwards@navy.mil. A

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

FOB: Destination

MILSTRIP: N4215823RC30708

PURCHASE REQUEST NUMBER: N4215823RC30708

PSC CD: W061

NET AMT

0002 12 Months

RENTAL OF GENERATOR

FOR THE RENTAL OF A 1000KW GENERATOR

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 Officer’s direction by contacting the

Purchasing Agent Sebastian Edwards, Code 452 via telephone at 757-396-0964

AND providing notification of same via email to sebastian.edwards@navy.mil. A

Contractor’s failure to follow the above instruction regarding pick-up/removal of

1001 12 Months

OPTION GENERATOR RENTALS

FOR THE RENTAL OF A 300 KW GENRATOR

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 Officer’s direction by contacting the

Purchasing Agent Sebastian Edwards, Code 452 via telephone at 757-396-0964

AND providing notification of same via email to sebastian.edwards@navy.mil. A

Contractor’s failure to follow the above instruction regarding pick-up/removal of

MILSTRIP: N4215823RC30708

1002 12 Months

OPTION RENTAL OF GENERATOR

FOR THE RENTAL OF A 1000KW GENERATOR

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 Officer’s direction by contacting the

Purchasing Agent Sebastian Edwards, Code 452 via telephone at 757-396-0964

AND providing notification of same via email to sebastian.edwards@navy.mil. A

Contractor’s failure to follow the above instruction regarding pick-up/removal of

SOW

Statement of Work Rental of 300kw and 1000kw Diesel Generators

Section A: Scope

1. Objective:

The 2 generator rentals will supply power to C970’s CTD complex. This will allow us to utilize/energize the equipment to perform training.

2. Background/Introduction

The Generators will provide the necessary power requirements to operate equipment. They will also provide routine maintenance. We are pursuing the generators because the Complex is without power. This will allow us to provide more effective training and further our mission more effectively.

3. Limitations of Work

4. Section B: Applicable Documents

5. Documentation:

6. Section C: Requirements

7. Scope of Work:

Contractor shall furnish all labor, materials, equipment, services and documents, as required to Power the CTD area between Building 1499 and 172

Required Material:

One (1) each 1000 KW Diesel Generator :

480 Volts, 3 phase, 60 hz, 2255 amps

The generator requires a footprint of 8’by 20’nothing larger can be utilized

One (1) each 300 KW Diesel Generator:

480 Volts, 3 phase, 60 hz, 188 amps

The generator requires a footprint of 8’by 20’nothing larger can be utilized

8. Contractor Responsibilities:

GENERAL MAINTENANCE

Contractor will conduct all necessary maintenance and provide all supplies for the rental equipment.

A remote monitoring system on supplied equipment is preferred in order to minimize downtime.

8.1. GENERATOR MAINTENANCE

Operating Records must be recorded on the Temporary Generator Log and forwarded to the above contacts on a monthly basis by the 5th calendar day of the following month of operation along with, if valid, a copy of your company’s Maintenance Inspection Report.

Records will include the following:

Hours of operation

Reason for operation and any general information regarding operation or problems encountered

Maintenance performed (e.g. hose replacement, filter replacement, etc.) can be provided in the general information section

NOTE: All operation hours must be recorded in a manner that prevents a gap of time between consecutive operations. Additionally, a record of "NO OPERATION" must be submitted if equipment did not operate for the month.

8.2. EMERGENCY CASES

In the event of the provided equipment fails to operate, the contractor shall send a representative to repair the equipment within 24 hours or replace the equipment within 48 hours.

8.3. INSTALLATION

RESPONSIBILITY FOR INSTALLATION - Installation shall be the responsibility of the Contractor.

SCOPE OF INSTALLATION - Installation shall include all material, fluids, and labor required to install and make operable the equipment and systems described herein.

INSTALLATION COORDINATION - The Contractor shall coordinate the proposed installation schedule with the Technical Point of Contact within 10 days after receipt of funding document. The installation schedule shall be subject to approval of the receiving activity. Approval of the installation schedule shall not relieve the Contractor of any responsibility for performance.

LOCATION – The equipment will be located between Building 1499 and 172.

Equipment is not to block the road. Norfolk Naval Shipyard C970 will move any additional shipyard owned equipment and materials out of the contractor’s way upon request.

ON-SITE REGULATIONS - The installation site will be occupied during installation.

The Contractor shall comply with all regulations, including safety practices, environmental directives and security clearance restrictions governing the operation of the premises. Installation shall be performed in a manner not to unreasonably interrupt or interfere with the receiving activity's normal business routine.

8.4. "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."

9. NNSY Responsibilities:

NNSY is to contact contractor if any issues arise with the equipment and not attempt to repair.

10. Government Furnished Property: N/A

11. Security Requirements: WORKER ACCESS TO THE WORK SITE

INITIAL ENTRY – Companies seeking access to the shipyard must have DBIDS Passes or retrieve a day pass from the Norfolk Naval Shipyard Visitor Control Center (formerly the Pass and ID Office). Personnel must have US Issued Government ID (Driver’s license and birth certificate or Passport).

NOTE: If personnel is a foreign national please contact NNSY Security (757-396-7266) and Technical POC prior to visit (please allow up to two months for clearance). Failure to provide adequate advanced notice of foreign nationals will be grounds to deny access.

Vehicle Entry: The company name shall be displayed on each door of the Contractor's vehicles in a manner and size that is clearly visible. All vehicles shall display a valid state license plate that complies with State Vehicle Code. Vehicles shall meet all other requirement of the State Vehicle Code, such as safety standards, and shall carry proof of insurance and state registration. Insurance and registration must be in the company’s name. Passes will be issued for vehicles to enter the shipyard. A separate pass is required for entering the Controlled Industrial Area (CIA).

SAFETY PROGRAM - The Contractor shall develop and maintain a safety program in compliance with Public Law 91-596 Occupational Safety and Health Act, OSHA standards, 29 CFR 1910, 29 CFR 1915. Contractor personnel shall work in a safe manner and comply with all applicable safety regulations. The Contractor shall be subject to safety inspections of its work sites by the Government. The Contractor shall be responsible for its Subcontractor’s compliance with all of the aforementioned requirements.

RESTRICTIONS ON USE OF YELLOW MATERIALS – Contractor shall refrain from the use of yellow or yellow-orange materials for the following purposes: sheeting, tarpaulins, polyethylene bottles or other containers, tapes, bags, raingear, banding of identification marks on tools and boundary markers such as ribbons. Contractor -generated yellow waste materials such as torn foul weather gear shall be disposed of by the Contractor off-yard. Shipyard dumpsters and trashcans shall not be used for disposal of these Contractor-generated waste materials. Yellow colored items such as described above are of special significance within the shipyard and are subject to strict controls.

"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 and Norfolk Naval

Shipyard OSHE Program Manual, NAVSHIPYDNORINST P5090.2 requirements or safety requirements for site specific location of the contract."

TITLE 29, CODE OF FEDERAL REGULATIONS, CHAPTER XVII, PART 1910 -

OCCUPATIONAL SAFETY AND HEALTH STANDARDS

TITLE 40, CODE OF FEDERAL REGULATIONS, PART 82 – PROTECTION OF

ENVIRONMENT

U.S. ARMY CORPS OF ENGINEERS (USACE) EM 385-1-1 (2008) SAFETY and

HEALTH REQUIREMENTS MANUAL

12. Safety Requirements:

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. b. Contractors and NNGAs may obtain electronic copies of OSHECM Chapter 250 (latest revision) and access the

OSHA 1915.89 web site by using the following link to NNSY’s public access web site:

http://www.navsea.navy.mil/shipyards/norfolk/default.aspx

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.

13. Delivery Terms/Shipping/Transportation

Contractor shall Transport required materials to Norfolk Naval Shipyard http://www.navsea.navy.mil/shipyards/norfolk/default.aspx

14. Place of Performance/Delivery Location:

Work is to be performed at NNSY North side of Building Building 1499 and 172.

15. Period of Performance (PoP)/ Completion Date/ Delivery Date:

SEE SCHEDULE

16. Section D: Contact Information

17. Technical POC: TBD

18. Invoice Certifier: TBD

Identification Badges and Installation Access.

DBIDS

• 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.

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

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:

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

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

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

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

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.

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

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

DBIDS credential:

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

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

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

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.

You may now proceed to work.

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

2.1 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

1) Portable Electronic Devices (PEDs)

In accordance with COMSUBLANT/COMSUBPACINST 2075.1C, the use of Portable

Electronic Devices (PEDs) while in or on Department of Navy Submarine spaces are prohibited.

A portable electronic device (PED) is defined as any non-stationary electronic apparatus with singular or multiple capabilities of, but not limited to recording, storing, and/or transmitting data, voice, video, or photo images (e.g., cell phones, laptops, tablets and wearable devices such as fitness bands and smart watches).

2) AFTERHOUR ACCESS

"Contractors are to go to Gate 15 and let the guards know they are to provide services/support via contract N42158-23-P-SXXX . It would be helpful for them to have a copy of the contract. The guards at the gate will then call the Base Precinct and subsequently be escorted to Bldg. 1618 to have a badge made."

Contract POC

On any problems concerning the order, please contact Purchasing Agent, Sebastian Edwards, Code 452, NAVSEA Contracting Department, Bldg. 65, 2nd Floor, Portsmouth, VA 23709-5000, Telephone: (757) 396-0965.

Unless otherwise notified by NNSY Contacting Office, Code 452, 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 Officer’s direction by contacting the Purchasing Agent Sebastian

Edwards, Code 452 via telephone at 757-396-0964 AND providing notification of same via email to sebastian.edwards@navy.mil. A Contractor’s failure to follow the above instruction regarding pick-up/removal of rental units will relieve the Government of any liability for further charges for the equipment.

http://www.cnic.navy.mil/om/dbids.html

Authorization of Additional Work – Any additional work outside the scope of this contract/purchase order shall have written authorization from the Contracting Officer prior to executing any additional work. Any work performed without the written authorization of the

Contracting Officer shall be considered “At-Risk” and the government will have no legal obligation to pay for the work performed.

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

1001 Destination Government Destination Government

1002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-AUG-2023 TO

31-JUL-2024

N/A NORFOLK NAVAL SHIPYARD

SEE SCHEDULE

NORFOLK NAVAL SHIPYARD

PORTSMOUTH VA 23709-5000

(757) 396-8670

N42158

0002 POP 01-AUG-2023 TO

31-JUL-2024

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-AUG-2024 TO

31-JUL-2025

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-AUG-2024 TO

31-JUL-2025

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-6 Unique Entity Identifier OCT 2016

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

MAR 2023

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

Commercial Services

DEC 2022

52.217-5 Evaluation Of Options JUL 1990

52.222-53 Exemption from Application of the Service Contract Labor

Standards to Contracts for Certain Services--Requirements

MAY 2014

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.232-18 Availability Of Funds APR 1984

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.237-1 Site Visit APR 1984

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

252.204-7012 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

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

MAY 2019

252.225-7048 Export-Controlled Items JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

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

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

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

(a) Definitions. As used in this provision-

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

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

Equipment.

(b) Prohibition.

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

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

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

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

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

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

(ii) For covered services--

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

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

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

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

(i) For covered equipment--

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

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

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

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

(ii) For covered services--

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

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

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

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(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:

The following factors shall be used to evaluate quotations:

1. Technical Capability

2. Price

3. Past Performance

The award shall be made to the offeror with the lowest priced technically acceptable.

Technical:

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 proposed amount for each line item will be added together to determine the total price offered, which will become the total evaluated price.

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

Past Performance:

The Contracting Officer shall evaluate data available in the Past Performance Information Retrieval System (PPIRS) regarding the vendor’s past performance history for the Federal supply class (FSC) and product or service code

(PSC) of the supplies being purchased. Past Performance shall be acceptable or unacceptable.

To be considered acceptable for past performance, a search of PPIRS must reveal no negative past performance information within the last 3 years from the date of the solicitation. In the event there are no records, the quoter may submit information on relevant subcontracts and/or commercial contracts performed within the last 3 years from the date of the solicitation. If no information is available in PPIRS or submitted by the offeror, the quoter’s past performance record shall be considered “unknown.” In the context of acceptable or unacceptable, “unknown” past performance shall be considered “acceptable.”

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

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

(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 https://www.sam.gov/ 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.

(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…