N4215825Q00050001.pdf

N4215825Q00050001

This is a COMBINED SYNOPSIS/SOLICITATION for commercial products or commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with 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. This combined synopsis/solicitation WILL be posted to SAM at https://sam.gov/.

The RFQ number is N4215825Q0005. This solicitation documents and incorporates provisions and clauses in effect through FAC 2024-07 Effective September 30, 2024, and the DFARS Change notice 20241010. 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 this address: https://www.acquisition.gov/.

The NAICS CODE is 532490, the Product Service Code (PSC) is W039.

The Government intends to solicit and contract a Firm Fixed Price (FFP) Single Award Contract, to provide the rental of four (4) battery powered 3k or 4k. Multi-Purpose Forklift Swing/Pivot Mast Forklift. The requirement will be solicited as Full and Open. Interested parties may identify their interest and capability to respond to the requirement and submit quotes. This notice of intent is a request for competitive quotes. Determination by the Government not to compete with this proposed contract based upon responses to this notice is solely within the discretion of the Government.

Norfolk Naval Shipyard (NNSY), Portsmouth, VA requests responses from qualified sources capable of providing four (4) battery powered 3k or 4k. Multi-Purpose Forklift Swing/Pivot Mast Forklift rentals that is identified in the attached Statement of Work (SOW)

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

To be considered for this opportunity, all quotes shall be submitted in either Microsoft Word, Excel spreadsheet or Adobe PDF. Quote must include price(s), FOB Destination, a point of contact, name and phone number, business size, and payment terms. An award will be made based on Lowest Price Technically Acceptable (LPTA). Each quote must clearly indicate the capability of the vendor to meet all specifications and requirements in the SOW, to include equipment specs and delivery requirement of November 4, 2024. Responses to this solicitation are due by 2:00 pm EST on November 1, 2024. Email quotes to both aletha.d.nunley.civ@us.navy.mil and jewel.t.anderson.civ@us.navy.mil.

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 thirty (30) days (at minimum).

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

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

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 lowest price based upon a selection determined to be the best value to the Government, price and other factors considered.

https://sam.gov/ https://www.acquisition.gov/ http://sam.gov/ mailto:aletha.d.nunley.civ@us.navy.mil

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months Rental of Swing Carriage Forklifts

FFP

Rental of (4) four battery powered 3k or 4k, Multi-Purpose Forklift Swing/Pivot Mas Forklifts, Solid Tires.

Daily: $______

Weekly (7 days): $______

Monthly (30 days): $ ______

FOB: Destination

MILSTRIP: N4215825RC50063

PURCHASE REQUEST NUMBER: N4215825RC50063

PSC CD: W039

NET AMT

CIN: N4215825RC500630001

1001 12 Months OPTION Rental of Swing Carriage Forklifts

FFP

Rental of (4) four battery powered 3k or 4k, Multi-Purpose Forklift Swing/Pivot Mas Forklifts, Solid Tires.

Daily: $______

2001 12 Months OPTION Rental of Swing Carriage Forklifts

FFP

Rental of (4) four battery powered 3k or 4k, Multi-Purpose Forklift Swing/Pivot Mas Forklifts, Solid Tires.

Daily: $______

STATEMENT OF WORK

1. BACKGROUND:

1.1. In support of material handling operations, Norfolk Naval Shipyard.

1.1.1. Four (4) 3,000 lbs. minimum capacity forklifts for the movement of materials In Material Envelopes throughout the shipyard

2. REFERENCES

2.1. 40 CFR 63.6625(i) or (j)

2.2. 29 CFR, Part 1926, Subpart H, Materials Handling Storage, Use and Disposal

2.3. Industrial Truck Standard Development Foundation, ITSDF B56 standard

3. GENERAL

Scope of work.

3.1. NONPERSONAL SERVICES: The contractor shall furnish all tools, labor, supervision, materials, and transportation necessary to provide safe, operable vehicle and services for four battery powered 3k or 4k. Multi- Purpose Forklift Swing/Pivot Mast Forklift (herein referred to as vehicle) equipped as follow:

See below for: TECHNICAL CAPABILITY/CONTRACTOR/RESPONSIBILITY CERTIFICATION

STATEMENT

Vendor shall certify for equipment quoted that his product meets each capability listed below by initializing at the bottom. In order to be considered for award, this must be completed and submitted with your quote.

Technical Capabilities Statement Four (4) Battery powered 3k or 4k. Multi-Purpose Forklift Swing/Pivot Mast Forklift

Shall be provided with the following capabilities, features, and specifications: YES NO

• Rated Capacity 3,000 lbs. (minimum)

• Load Center 24 inches.

• Mast Extended Height 274” (minimum)

• High Visibility 3-Stage or 4-Stage Mast

• Multi-Purpose Forklift Truck rotational 180-degree front-end articulation

• Tires: Solid

• CAN-Bus Electric System, Electric Powered

• Hydraulic Power Steering

• 22” Mast Shift

• 90 Degree Mast Rotation

• Safety Features (Horn, Rearview Mirror, Seat Bet)

• Horizontal Tilt Indicator

• 40” long end tapered Forks

• 2 “fork thickness

• Parking Brake Hand/Foot Operated

• Lights: Brake, Front and rear drive light, work lights

• Forward and Reverse/Backup Alert/Alarm

TECHNICAL CAPABILITY/CONTRACTOR RESPONSIBLITY CERTIFICATION

Vendor hereby certifies that his/her service meets or exceeds all specifications in this solicitation, in their entirety, with no exceptions. ___________________ (initials)

3.2. Weigh vehicles prior to delivery and mark (4-inch black lettering) with individual weight in pounds each side of vehicle. OEM marked weights are acceptable.

3.3. Inspect and provide each vehicle with a safe and operation condition free of rust cosmetic defect or damage.

3.4. Provide Vehicles that meet or exceed the safety requirements of 2.3 related to the elements of design, operation, and maintenance. The standardization relating to principal dimensions to facilitate interchangeability and establishment of test methods and test procedures for powered and non-powered industrial trucks.

3.5. Accomplish the following prior to delivery and provide written certification for accomplishment upon delivery:

3.5.1. Provide new condition maintenance free battery.

3.5.2. Inspect all hoses and belts for cracks, wear, etc. and replace items that exhibit failure.

3.5.3. Operationally test vehicles to include all manufacturer safety features.

3.6. Inspect the vehicles provided at the time of delivery and before acceptance with the Contracting Officers

Representative (COR) or authorized government representative.

3.6.1. Document in writing the condition of the vehicles to ensure it meets contract requirements.

Provide a signed copy of the inspection document to the government representative.

3.6.2. Correct any discrepancies noted or replace the delivered vehicle with a compliant unit.

3.7. Provide a copy of the manufacturer Operation and Maintenance manual containing detailed operating instructions specific for the vehicle provided to the Contracting Officer’s Representative or Designated Government Employee.

3.8. Perform any required scheduled maintenance in accordance with the manufacturer’s maintenance standards on vehicles provided during period of performance.

3.8.1. Provide the planned scheduled maintenance schedule with the contractor’s proposal and notify the

Contracting Officers Representative 7 days in advance of performing maintenance on the vehicle to permit coordination of project workload.

3.8.2. Provide a replacement vehicle within 72 hours for any unscheduled repairs required.

3.8.3. Perform lockout tag-out of vehicle prior to performing maintenance. Notify the COR if vehicle maintenance must be performed in a condition not requiring lockout or tag-out conditions.

3.9. Replace inoperative or unsafe vehicles upon notification by authorized Government representative within

10 business days if repairs cannot be accomplished to return the vehicle to full operating status within 48 hours of a service call.

3.9.1. Supply a manufacturer’s technical representative or ASME certified mechanic to respond on-site within 24 hours of Government notification of a problem on 24hrs/day including weekends and holidays.

3.9.2. Provide Contracting officer Representative the name, telephone number, or other contact information to coordinate contact for repair of defective or inoperative equipment.

3.10. Coordinate the scheduled pick-up of vehicles at the end of the period of performance, with the Contracting

Officers Representative. If the contractor is unable to accomplish pick-up on this date, immediately notify the COR and provide an alternate date and time of pick-up that is mutually agreeable.

3.11. Points of contact. The contractor will provide points of contact within his company to interface with the contract representative on issues concerning rental vehicle. Names, business addresses, phone numbers and hours of operations are the minimum information requirements. Arrangements for contacting the contractors’ points of contact after normal business hours should also be made.

4. DEFINITIONS

4.1. Acceptance inspection. An inspection shall be performed on all vehicles and equipment before placing them in service. This inspection shows the overall condition of the material handling equipment. The inspection shall be recorded on a contractor provided form and a copy provided to the Contracting Officer Representative. The government has the absolute right to reject any vehicle not meeting the acceptance criteria. Discrepancies must be fixed before placing the vehicle in service, if use of the vehicle would aggravate the problem or if the discrepancy creates a safety hazard.

4.1.1. Accident repairs. Repairs required as a result of a collision; regardless of who is at fault or what collided with the vehicle.

4.1.2. Criminal act. A violation of a civil law.

4.1.3. Disabled vehicle. A damaged, worn out, or malfunctioning vehicle.

4.1.4. Fair wear and tear. The deterioration of items attributed to normal usage.

4.1.5. Hostile act. An act of war.

4.1.6. Scheduled maintenance. Periodic prescribed inspections or servicing of equipment, accomplished on a calendar, mileage, or hours of operation basis.

4.1.7. Unscheduled maintenance. Maintenance that is not scheduled but is required to correct deficiencies and to restore the vehicle or equipment to a serviceable condition.

5. DELIVERABLE ITEMS

5.1. Certification that all pre-delivery checks of section 3 were performed, and all unsatisfactory Items were corrected.

5.2. Emergency point of contact to coordinate repairs as described in paragraph above.

6. GOVERNMENT FURNISHED ITEMS AND SERVICES

6.1. Operation. The government will provide all required personnel for Forklift operation, including contracted personnel.

6.2. Fuel. The government will provide all fuel and personnel/equipment as required for Forklift refueling.

6.3. Safety Inspection. The government will perform a pre-operational and post-operational safety inspection of the Forklift as part of daily use. If the Forklift is defective, needing repair or maintenance or found to be otherwise unsafe it will be removed from service and the contractor will be notified of the Forklift’s status.

6.4. Accident Reporting. If the Forklift is involved in an accident or mishap it will be removed from service and the contractor will be notified of the Forklift’s status.

7. QUALITY ASSURANCE SURVEILLANCE PLAN:

Primary Performance Objectives

Performance Standard/AQL Performance Assessment Method

Contractor to deliver and pick-up forklift and provide inspection documents within 48hrs.

100% of the services performed and documents submitted.

Timely delivery will be tracked by Government Surveillance Officer.

Contractor to provide forklift repairs within 48 hours of notification by Government or provide replacement unit within 72hrs.

100% of repairs/replacements completed within 48hrs.

Government Surveillance Officer will assess compliance with reviews completed monthly.

Contractor to perform scheduled maintenance of forklift per manufacturer’s maintenance standards.

100% of scheduled maintenance completed within 72hrs.

Government Surveillance Officer will assess compliance with reviews completed monthly.

Contractor to maintain close liaison and good communication with the Government.

Any problem or questions encountered by either party are addressed within 48 hrs.

technical representative should be on site within 24hrs.

Government will assess compliance through coordination between the Government Surveillance Officer.

8. SECURITY REQUIREMENT: Contractor Representative will require base access to the Norfolk Naval

Shipyard Controlled Industrial Area (NNSY CIA). Vendor shall notify the Contracting Officer ten days prior to arriving at Norfolk Naval Shipyard.

9. TRAVEL REQUIREMENTS: The contractor shall arrange delivery of the Forklifts to and from the delivery location. Delivery location will be Norfolk Naval Shipyard Portsmouth VA.

10. CONTRACTOR FURNISHED ITEMS AND SERVICES

10.1. GENERAL. Contractor shall provide specified vehicles, and all services required to keep the vehicles in a safe, operational condition. Vehicles will be delivered within the time frame agreed to in this contract and must meet the minimum acceptance criteria provided herein. Failure to pass the acceptance inspection in the time frame specified may result in a monetary penalty. Government reserves the right to turn in any vehicles deemed unnecessary at any time without penalty. Difference of funds from time of turn-in to end of contract will be de-obligated after confirmation of turn-in from Contractor.

10.1.1. Insurance. The contractor will carry insurance to cover the cost for replacement or repairs of vehicles lost, stolen or damaged through criminal acts, natural acts (commonly called acts of God), hostile acts, or accidents. This is to preclude the government from being held liable for claims generating from any of the above. Insurance claims are only valid if a Police Report is provided to contractor.

10.1.2. Traffic Tickets. The Government shall not be responsible for any traffic ticket, for either moving violations or illegal parking, or Police Report fees under this contract. The Government will make every reasonable effort to identify the individual.

10.1.3. Records. The contractor shall maintain records of transactions with the US Government and, upon request, make such records available to properly designated contract representatives within a reasonable period of time.

10.2. VEHICLES. The following minimum criteria shall be met at the time of the acceptance inspection:

10.2.1. Condition. Both interior and exterior of the vehicle must be free of excessive soil, rust, and damage and battery must be charged so that operation/function inspection can be conducted.

10.3. SERVICES. The following services shall be provided by the contractor:

10.3.1. Maintenance. The contractor shall perform both scheduled and unscheduled maintenance at a facility he designates. Contractor will provide all parts, labor and expertise necessary to complete required maintenance tasks. Parts include those items that must be replaced due to fair wear and tear such as windshield wipers, tires, headlamps, filters, fluids, and lubricants.

The cost for parts and labor for maintenance or damage resulting from operator negligence may be submitted through the Contracting Officer for consideration of payment.

10.3.2. Recovery. Upon proper notification, the Contractor will recover disabled vehicles with in 72hrs. This service shall be available during normal business hours. The Contractor is responsible for delivery and pick up from inside Norfolk Naval Shipyard whether the vehicle is operational or disabled.

10.3.3. Replacements. A replacement vehicle shall be provided without additional cost if the out of commission for any reason. Replacement vehicles shall be the same type and shall be the same or greater quality than the vehicle being replaced.

10.3.4. Repairs. Contractor shall provide all repair services. Repairs not covered by a Police

Report or considered normal wear and tear by the Contracting Officer will be payable by the Government at the actual repair cost as approved by the Contracting Officer.

11. GOVERNMENT REPRESENTATIVE

11.1. Contracting Officer (KO):

11.2. Contracting Officer Representative (COR):

Technical Clarifications: All technical clarifications/deviations will be coordinated through the Contracting Officer Representative. Any changes to the contract in terms of scope, time or money must be through a Contracting Officer via modification.

12. ADDITIONAL CONSIDERATIONS

12.1. Government Supported Work Hours: 4ll deliveries will be scheduled for accomplishment between the hours of 8:00AM and 3:00PM, Monday through Friday.

12.2. Delivery and Shipping Requirements: The contractor shall inform the Contracting Officer

Representative of the specific time and date of Forklift delivery.

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-2 Security Requirements MAR 2021 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

SEP 2023

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

NOV 2023

52.217-5 Evaluation Of Options JUL 1990 52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022

252.203-7005 Representation Relating to Compensation of Former DoD Officials

SEP 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions--Cost Vouchers MAY 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information

JAN 2023

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

MAY 2024

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

JAN 2023

252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 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

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System

JAN 2023

252.246-7008 Sources of Electronic Parts JAN 2023 252.247-7023 Transportation of Supplies by Sea OCT 2024

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV 2021)

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

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

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

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

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

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

(b) Safeguarding requirements and procedures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other

Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

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

(End of clause)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (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)

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

EXECUTIVE ORDERS--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

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

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

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

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

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

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

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

___ (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

___ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L.

109-282) (31 U.S.C. 6101 note).

___ (6) [Reserved]

___ (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub.

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

___ (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

___ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders--Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).

___ (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L.

115-390, title II).

___ (ii) Alternate I (DEC 2023) of 52.204-30.

X (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).

___ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).

____ (14) [Reserved]

____ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).

____ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (17) [Reserved]

____ (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-6.

____ (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

____ (ii) Alternate I (MAR 2020) of 52.219-7.

____ (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).

____ (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).

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

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

____ (iv) Alternate III (JUN 2020) of 52.219-9.

____ (v) Alternate IV (SEP 2023) of 52.219-9.

____ (22) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

____ (ii) Alternate I (MAR 2020) of 52.219-13.

____ (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).

____ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).

____ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).

X (26) (i) 52.219-28, Post-Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).

____ (ii) Alternate I (MAR 2020) of 52.219-28.

____ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).

____ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).

____ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

____ (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).

X (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

X (32) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).

X (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (34)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

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

____ (35)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

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

X (36)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

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

____ (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

____ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.

13496).

X (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

X (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

____ (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

____ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (44) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (45) 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).

____ (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).

____ (47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

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

____ (48) (i) 52.225-1, Buy American--Supplies (OCT 2022)) (41 U.S.C. chapter 83).

____ (ii) Alternate I (OCT 2022) of 52.225-1.

____ (49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I [Reserved].

____ (iii) Alternate II (DEC 2022) of 52.225-3.

____ (iv) Alternate III (FEB 2024) of 52.225-3.

____ (v) Alternate IV (OCT 2022) of 52.225-3.

____ (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

____ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

____ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).

____ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.

5150).

X (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (MAY 2024) (E.O.

13513).

____ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

____ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C. 3805).

____ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

X (59) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (31 U.S.C.

3332).

____ (60) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

____ (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

____ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (64) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.

55305 and 10 U.S.C. 2631).

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

____ (iii) Alternate II (NOV 2021) of 52.247-64.

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

_____ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

_____ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (E.O.

13658).

_____ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).

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

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

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

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

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

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).

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

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

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117-328).

(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115- 390, title II).

(B) Alternate I (DEC 2023) of 52.204-30.

(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

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

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xvi) X (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).

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

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

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

(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O.