N4523A18R1318.pdf

SEE ADDENDUM

(No Collect Calls)

N4523A18R1318 31-Jan-2018

b. TELEPHONE NUMBER

360-476-4091

8. OFFER DUE DATE/LOCAL TIME

12:00 AM 05 Mar 2018

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 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.

N4523A9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DANIEL J ELLIS

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

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

N4523A18RC15581

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 ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

N4523A PSNS&IMF

C440

COMMAND SERVICES CONTRACTING SUPPORT

1400 FARRAGUT AVE

BREMERTON WA 98314-2026

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE N4523A 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

PUGET SOUND NAVAL SHIPYARD CODE 400

PATRICIA KELLY

1400 FARRAGUT

CONTRACTING CODE 440

BREMERTON WA 98314

TEL: (360) 476-4053 FAX:

FAX:

TEL: 360-627-4211 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$32,500,000

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 OF60

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.

N4523A18R1318

Section SF 1449 - CONTINUATION SHEET

OFFEROR CHECKLIST

OFFEROR CHECKLIST

PROJECT TITLE: DEMINERALIZED WATER PRODUCTION UNITS (PORTABLE), Indefinite-Delivery, Indefinite-Quantity Commercial Service Contract.

SOLICITATION NUMBER: N4523A-18-R-1318

In order for an offer to be considered responsive*, the Offeror shall submit the information listed in the checklist below. Failure to submit all the required information prior to the closing of the solicitation will result in the offer being nonresponsive.

Responsive Quote Submission Checklist Offeror's Initials of Items Included in

Submission

1. Filled-Out SF 1449 (Blocks 17A, 30A, 30B and 30C) 1. _________________

2. Signed Amendment(s) (if necessary) – SF1449 (Blocks 8, 15A, 15B and 15C) 2. _________________

3. Pricing for Base Item and Optional Items. (Schedule (Exhibit A) and Seed task) 3. _________________

4. Submission of Volumes 1 (Technical) and 2 (Price) IAW FAR 5. _________________ Provisions 52.212-1 Instructions to Offerors and 52.212-2 Evaluation of Commercial Items.

5. Submission of Past Performance Questionnaires. 6. _________________

6. Representation and Certifications per FAR Clauses 52.212-3. 7. _________________ If your information is already in the System for Award Management at SAM – https://www.sam.gov, it may be submitted instead of completing this section.

7. Authority to Bind the Company 8. _________________ Refer to FAR 4.102 (Contractors Signature) for required information.

Additional information can be found in clause 52.212-1, Instructions to Offerors.

Offers shall be in the possession of the Government prior to the closing date / time located in Block 8 of the SF 1449. Offerors shall confirm receipt of offer with the Contract Specialist.

*Responsive: For the purposes of this solicitation, the term responsive means a proposal that is determined to have met the necessary requirements of the solicitation to allow for proposal review. If the proposal is determined to be nonresponsive the Government might not conduct an evaluation. Please ask questions about the above elements of the proposal using the process provided for on FBO.gov, read 52.212-1 and 52.212-2 carefully, and refer to the solicitation posting on FBO.gov to verify solicitation amendments.

CONTRACT ADMINISTRATION

Contract will be administrated by:

Command Services Branch, C/440.23 PSNS&IMF Building 844, Floor 2 808 Burwell Street, Bremerton, WA. 98337-5001/1400 Farragut Ave, Stop 2026

Contracting Officer NAME: Patricia L. Kelly

CELL: (360) 476-4053

EMAIL: patricia.l.kelly@navy.mil

Contracting Officer Representative NAME: Alan Hanks / Dale Green

CELL: 360-340-5477 / (360) 476-1390

EMAIL: alan.b.hanks@navy.mil / leonard.d.green@navy.mil

INVOICE SUBMITTAL

FOLLOW INSTRUCTIONS AS PROVIDED WITHIN THE WAWF PAYMENT

INSTRUCTIONS 252.232-7006.

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

CLIN

Number

1 Job

Water Trailer Rental

FFP

Contractor shall provide all materials, parts, labor, and transportation necessary to provide and maintain operational DEMINERALIZED WATER PRODUCTION UNITS (PORTABLE), and REGENERATION activities per attached Performance Work Statement (PWS) and Schedule. The overall capacity will not exceed $4M cumulative of all task orders for this Single Award Task Order Contract. The base period of performance is from date of award to March 14 , 2023. Please refer to Exhibit A for all pricing of the individual elements of an order (Trailer and Regenerations).

FOB: Destination

MILSTRIP: N4523A18RC15581

PURCHASE REQUEST NUMBER: N4523A18RC15581

MAX

NET AMT

See Exhibit A

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$2,500.00 $4,000,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

2,500.00 100,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

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

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 15-MAR-2018 TO

14-MAR-2023

N/A PUGET SOUND NAVAL SHIPYARD CODE

PATRICIA KELLY

1400 FARRAGUT

CONTRACTING CODE 440

BREMERTON WA 98314

(360) 476-4053 FOB: Destination

N4523A

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JAN 2017)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti- Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'' click box or other comparable mechanism (e.g., ``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (NOV 2017)

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

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

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

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

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

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

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

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

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

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).

X (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

X (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).

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

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

X(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Oct 2016) (E.O. 13126).

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

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

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

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

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

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

13496).

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

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

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

X (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31 U.S.C.

3332).

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

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

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

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

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

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

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

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

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

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

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

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

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

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

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

(x) 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.

(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

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

13627).

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

(xiii) 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.)

(xvii) 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)

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

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

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

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

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

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

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

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

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

(End of clause)

PERFORMANCE WORK STATEMENT

1. BACKGROUND.

1.1 This specification provides the requirements for contracted demineralizer equipment, delivered to Government facilities, to remove particulates, inorganic dissolved solids and chloroform from local municipal water via an enclosed portable trailer mounted unit, including vendor emergency response service necessary to meet the demineralized water needs for a five year contract length.

1.2 Where “demineralizer” or “demineralization” is specified, interpret this to permit the use of reverse osmosis, electro-demineralization or other appropriate continuous water treatment method as all or part of the water treatment process.

1.3 The typical estimated gallons processed based upon a examination of historical usage rates are shown in Table One with a variance of +100%, -30% dependent on future operational demands.

TABLE ONE – TYPICAL GALLONS PER LOCATION

Site Year Estimated gallons processed

Number of simultaneous sites at facility

Number of simultaneous trailers at facility

Bremerton Year 0 1,200,000 3 4 Everett Year 0 650,000 1 2 Bangor Year 0 10,000 1 1

Bremerton Year 1 1,200,000 3 4 Everett Year 1 650,000 1 2 Bangor Year 1 10,000 1 1

Bremerton Year 2 1,200,000 3 4 Everett Year 2 650,000 1 2 Bangor Year 2 10,000 1 1

Bremerton Year 3 1,200,000 3 4 Everett Year 3 650,000 1 2 Bangor Year 3 10,000 1 1

Bremerton Year 4 1,200,000 3 4 Everett Year 4 650,000 1 2 Bangor Year 4 10,000 1 1

2.0 REFERENCES.

2.1 NAVSEAINST 5100.3D, Mercury, Mercury Compounds, and Components Containing Mercury or Mercury Compounds; Control of.

3.0 REQUIREMENTS.

3.1 Provide and maintain required equipment, including necessary regeneration, to ensure fully operational conditions.

3.1.1 Accomplish leak testing of demineralizers and filters and certify zero leakage up to and including the inlet and outlet connections prior to delivery.

3.1.2 Deliver demineralizer and filter media in a fully regenerated, wetted and flushed condition suitable for immediate use.

3.2 Provide each self-contained demineralizer system in a fully-enclosed, commercial trailer with the capability of producing a minimum of 400,000 gallons of demineralized water without regeneration.

3.2.1 Ensure output of trailer water meets Table Three specifications, at flow rates up to 90 GPM, without required flushing by Government or additional servicing by the contractor, when utilities are connected (110 to 120-volt, 60-hertz, 1-phase or 480-volt, 60-hertz, 3-phase electrical power; fresh water supplied meeting the specification of Table Two; and sewer drain hose directed to a gravity/pressure sewer system (maximum sewer backpressure is estimated to vary between 0 and 30 PSIG), if required).

NOTE - Table Two details the expected maximum mineral content of the water supply via the local municipal water system. Temperature of the supply may vary from approximately 42o F in January to about 62o F in August.

TABLE TWO - INFLUENT WATER

Water Units Bremerton Site Everett Site Bangor Site pH at 25 o C pH 8.2 8.1 6.9 Conductivity @ 25 o C umho/cm 280.0 82.0 129 Chloride mg/l 10.0 3.2 0.3 Silica mg/l 33.0 8.2 23.0 Total Hardness (as Ca C03) mg/l 60.0 15.0 52.0 Alkalinity mg/l 62.0 26.3 100 Sulfate mg/l 5.0 4.6 5.6 Iron mg/l 0.25 0.02 .02 Nitrate mg/l 0.4 0.013 <0.2 Manganese mg/l 0.05 0.05 .01 Phosphate mg/l 0.1 0.004 <5.0 Chloroform Ppb 50 0.034 0.4

* mg/l = ppm Source NA Combination of well water and surface water Well Water Temperature range o F 42 to 62 49

3.2.2 Ensure equipment supplied is capable of processing quality of the water in

Table Two to meet requirements in Table Three, without flushing being accomplished by the Government.

NOTE - Table Three details the required maximum of the water output of the demineralizer equipment supplied by the Contractor.

TABLE THREE - DEMINERALIZER SYSTEM EFFLUENT

Water Maximum Value pH at 25 oC 6.0 - 8.0 Conductivity @ 25 oC 1.0 umhos/cm maximum Chloride 0.1 ppm maximum Silica 0.1 ppm maximum Visual Clarity No turbidity, oil, sediment or resin beads Chloroform 5 ppb maximum Sodium 20 ppb maximum Non-Halogenated Hydrocarbon 2.0 ppm maximum by ASTM D7573, D5904 or equivalent

3.2.3 Provide demineralizer units operating unattended at a variable flow rate 0 to

90 GPM capable of processing the required output flow rates of 10 to 65 GPM with influent water supply pressure in the range of 60 to 120 PSIG with a maximum of 20 PSIG differential from the inlet to outlet connections.

3.2.3.1 Provide a booster pump and/or recirculation pump suitable for unattended operation.

3.2.3.2 Ensure fittings on all inlet and outlet connections are 3 IN, stainless steel, cam and groove (cam-lock) type, quick-disconnect fittings (inlet: female, outlet: male).

3.2.3.3 Submit one legible copy, in electronic media, of a report identifying each mercury-bearing component of supplied equipment and systems to the Contracting Officer’s Representative (COR) within 3 business days of contract award.

3.4 Deliver commercial trailer to Government site equipped with a standard 5th wheel or pintle-type hitch connection, permitting the Government to relocate trailers around the facility when needed.

3.5 Provide demineralizer trailer system consisting of any combination of resin bottles, charcoal filters, particulate filters, or reverse osmosis vessels to produce demineralized water meeting Table Three specifications for flow rates from 10 GPM to 90 GPM.

3.5.1 Ensure demineralizer and/or charcoal filter vessel is equipped with a high point vent and a low point drain.

3.5.2 Provide an activated charcoal filter installed upstream of the demineralizer or reverse osmosis unit.

3.5.3 Include, on each demineralizer trailer system the following minimum equipment:

3.5.3.1 A conductivity monitoring device with a 0-10 micro-mhos/cm reading range located in the outlet line, laboratory calibrated and labeled with current calibration sticker valid for the service period of time.

Halogenated Hydrocarbon 0.1 ppm maximum by gas chromatograph

3.5.3.2 A high conductivity audible (100db as 10 FT) and red flashing visible alarm, on outside of trailer, set in the event effluent conductivity exceeds 1.0 micro-mhos/cm.

3.5.3.3 A 100-micron or finer outlet strainer to prevent resin migration and/or remove particulates.

3.5.3.4 A flush/sample valve with watertight cap on a lanyard affixed to the piping.

3.5.3.5 An automatic shutoff valve, fail shut on loss of power, stopping delivery of water if conductivity is out of specification.

3.5.3.6 Underwriters Laboratory (UL) rated heater(s) with fully automatic thermostat designed to prevent water freezing.

3.6 Mark or tag all valves and connections on the equipment, i.e., “Sample Valve”, “Inlet” or “Low Point Drain”.

3.6.1 Submit one legible copy, in electronic media, of written instructions for the operation of delivered equipment, as well as system drawings, diagram or schematic. Include initial start-up, restart of idle trailer systems, trailer system return preparations and any other information pertinent to the operation of the demineralizer trailer systems.

3.6.1.1 Post, on a weatherproof placard or paper copies inside a weatherproof container, delivered equipment operating instructions and drawings inside the enclosed trailer.

3.6.2 Label the outlet strainer with the filter rating (e.g. "100-micron strainer").

3.6.3 Deliver trailer with all fittings capped to prevent contamination of piping.

3.6.4 Ensure all regeneration chemicals and flush water is removed from the unit prior to delivery.

3.7 Ensure all provided equipment is capable of withstanding use in a marine environment (i.e., saltwater spray) on piers and dry-docks in all seasons and capable of withstanding frequent handling/moving.

3.7.1 Provide demineralizer trailer systems designed to not require additional structures for weather protection.

3.8 Provide an on-call emergency technician 24 hours/day, 7 days/week, to respond to equipment failure and failure to produce quality water to perform on-site maintenance service to equipment. Respond, upon notification by COR, to correct the issue within

24 hours of notification to correct the problem or provide a replacement trailer within the 24 hour period.

3.8.1 The COR and Contractor may agree to a longer period of time on a case-by-case basis, with concurrence of the Contracting Officer, dependent on the needs of the Government.

3.8.2 Prohibit the regeneration of demineralizer equipment at the Government facility.

3.8.3 Maintain a ready-spare demineralizer trailer at the Contractor’s local facility in order to meet the Government requirement to replace trailers not operating properly or respond to emergency requirement for trailer delivery.

3.9 Provide normal replacement services, to replace depleted trailer systems, within 7 days of oral or written notification by the Contracting Officer’s Representative

(COR).

3.10 Provide emergency response delivery of a regenerated demineralizer trailer system within 24 hours of notification by Contracting Officer.

3.11 Arrange delivery and pick-up of the demineralized trailer system with the COR.

3.11.1 Provide on-site training to Government employees for operation of delivered equipment. Include initial start-up, restart of idle trailers, any other information pertinent to operation of the demineralizers and emergency on-site maintenance, for a period of one-hour, at a time and place mutually agreed upon by the Contractor and COR.

3.11.2 Provide access to the trailer interior to permit Government inspection upon delivery, for ensuring equipment required by this specification is installed and operational and to monitor equipment in the trailer.

3.11.3 Provide one legible copy, in electronic media, of a current sample analysis test report for each demineralizer trailer system delivered to the COR at time of delivery.

3.11.3.1 Report current verification of the following items:

ANALYSIS REPORT OF WATER SAMPLE

Item Tested Maximum Values pH at 25 oC 6.0 - 8.0 Conductivity @ 25 oC 1.0 umhos/cm maximum Chloride 0.1 ppm maximum Silica 0.1 ppm maximum Visual Clarity No turbidity, oil, sediment or resin beads Sodium 20 ppb maximum

3.11 Provide one legible copy, in electronic media, of the Material Safety Data Sheet

(MSDS)/Safety Data Sheet (SDS) for the demineralizer resin media to the COR within 5 days after receipt of a delivery or task order.

4.0 NOTES.

4.1 The Government will accomplish the following:

4.1.1 Notify the contractor of depleted, defective, or otherwise inoperable trailers requiring replacement or repair.

4.1.2 Furnish connection hoses to and from the demineralizer trailers.

4.1.3 Connect and disconnect the demineralizer trailers for service.

4.1.4 Provide emergency repairs on contractor-provided equipment at the

Government’s discretion.

4.1.5 Furnish and connect a calibrated totalizer/flowmeter downstream of each demineralizer trailer to track effluent water usage.

4.1.6 Read and record demineralizer trailer flowmeter/totalizer readings to determine the amount of water processed.

4.1.7 Provide flowmeter/totalizer readings to contractor upon request to assist in trailer capacity determinations.

4.1.8 Operate all contractor-provided demineralizer trailer systems per contractor-provided instructions.

4.1.9 Provide electrical power to the trailer system.

4.1.10 Designate a delivery and pickup location for all equipment.

4.1.11 Accommodate up to an 8.5 FT x 45 FT over the road semi-trailer.

4.2 Government will pro-rate the cost per regeneration for any unit(s) failing to produce

400,000 gallons of demineralized water meeting the specifications of Table Three.

Example: if a unit produces only 200,000 gallons of quality water, the Government will pay only 50% of the regeneration fee.

4.3 The contractor may, at contractor expense, collect influent water quality data either at point-of-use or in cooperation with the Bremerton, Everett or Bangor Water utility.

5.0 Security.

NAVAL BASE KITSAP (NBK) and/or PSNS & IMF CONTROLLED INDUSTRIAL

AREA (CIA) ACCESS:

5.1. Contractor personnel shall comply with all current badging and security procedure requirements for gaining access to Department of Defense (DoD) Installations/Government Sites. Access to Navy Installations or Sites may only be gained by obtaining a badge (either permanent or temporary) from the Visitor Control Center (VCC) in building 981 (Pass & ID). It is the contractor’s responsibility to check for, and obtain changes and updated information from the VCC on a continual basis.

5.2. The following Identification Cards (ID) are authorized by Naval Base Kitsap and Naval Station Everett to be used by visitors 12 years old or greater, while being escorted by a Civil Servant or Military member holding a current CAC Card, effective 2 February 2016:

• Drivers licenses from states other than Washington, Illinois, Minnesota, Missouri and New Mexico (unless WA, IL, MN, MI and NM licenses are the “Enhanced” version)

• U.S. passport

• U.S. passport card

• DHS trusted traveler cards ( Global Entry, NEXUS, SENTRI, FAST)

• Permanent resident card

• Border crossing card

• DHS-designated enhanced driver’s license

• Federally recognized, tribal-issued photo ID

• HSPD-12 PIV card

• Foreign government-issued passport

• Canadian provincial driver’s license or Indian and Northern Affairs-Canada card

• Transportation Worker Identification Credential (TWIC)

5.2.1. Contractor employees are required to have an individual identification badge as well as one (1) of the four (4) credentials listed below in their possession to gain access to job sites:

5.2.1.1. Common Access Card (CAC):

5.2.1.1.1. Contractors who have a need to access a government computer system may be eligible for a contractor CAC; most contractors are not eligible for a CAC.