UPS_CSS_25AUG2022.docx

Uninterruptible Power Supply [UPS] Replacement

This is a combined synopsis/solicitation for commercial items 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; quotes are being requested and a written combine/solicitation will not be issued. Combined synopsis/solicitation N6134022Q0007 is issued as a Request for Quote (RFQ) and incorporates the provisions and clauses in effect from regulations posted to https://www.acquisition.gov inclusive, but not limited to, Federal Acquisition Circular (FAC) 2022-06 published on 01 May 2022.

The anticipated North American Industry Classification System (NAICS) Code for this requirement is 335999 (All Other Miscellaneous Electrical Equipment and Component Manufacturing) with a business size of 500 employees. The Product Service Code (PSC) for this procurement is 6150. This procurement will be awarded as a Total Small Business Set-Aside using the Simplified Acquisition Procedures (SAP) outlined in FAR Part 13. Naval Air Warfare Center Training Systems Division (NAWCTSD) in Orlando, Florida intends to issue a Firm Fixed Price (FFP) purchase order. Interested sources are encouraged to submit a quote. All information shall be furnished at no cost or obligation to the Government.

Below is a description of the requirement:

NAWCTSD, Aviation Support Contracts Department (Code GT25000), Orlando, FL has a requirement for the delivery, installation, and testing of an Uninterruptible Power Supply (UPS) to the Air Traffic Control (ATC) School located at the Naval Air Station (NAS) Pensacola, Florida. The current ATC power system is supported by one UPS unit that provides conditioned power to Device 15G30, Advanced Shipboard Air Traffic Control Training System (ASATS); Device 15G36, Fundamentals Lab; Device 15G34, Tower Simulator System (TSS); and Device 15G31, Shore based ATC Training System (SATS). The new single UPS system shall provide conditioned power and power back-up support to the same four systems.

The UPS unit shall provide power conversion and conditioning as well as back-up power for trainer shut-down upon loss of building power. The UPS unit shall provide power to Dv 15G30, Dv 15G31, DV 15G34, and Dv 15G36 only (i.e. building lighting, HVAC, office equipment, etc. will not be connected to the UPS). The UPS shall be installed in the Computer Room of the ATC School. No forklift will be provided, so a truck with a lift gate is required for equipment delivery.

The UPS shall convert 480V 3-phase power to 120/208V 3-phase power with a minimum capacity of 80 kVA and 64 KWatts. The UPS shall provide a minimum backup time of 15 minutes at 60 kVA. The power supplied to the ATC School trainers shall be conditioned to remove noise and power spikes and surges.

The UPS shall have a by-pass mode to allow for maintenance of the UPS unit without cutting power to the ATC trainers.

The UPS shall display the current UPS status on the UPS cabinet. The UPS cabinet shall provide the capability to monitor battery status (charged, uncharged, good, failed, etc.) without having to take the batteries out of the UPS to check manually. The UPS shall have the means to provide feedback to the ATC trainers on the state of the UPS and of the potential of loss of power.

The UPS shall provide a means of battery monitoring. The battery monitoring capability shall provide the ability to check the power status of the UPS and batteries (i.e. on ac power, ac power loss on battery, bypass mode, on battery time remaining 5 minutes to shutdown, etc.) from a remote location via a relay card (or other physical connection, aside from the use of Ethernet) to signal battery low to allow labs shutdown before complete power loss. The interface for remote battery monitoring shall allow the use of any platform (i.e. Windows/Linux/Mac). The interface shall allow for monitoring from any number of remote stations.

The existing connections to building power and the ATC trainers shall be relocated from the existing UPS unit to the new UPS unit. The new UPS shall be installed in the ATC School Computer Room (Room 245); rerouting of the existing wiring will be required.

The UPS shall have an EPO switch on the UPS unit. The UPS shall have the capability to accept switch input from the EPO switches currently located in the Computer Room.

The existing unit (EATON 9390 UPS, plus cabinet with 40 batteries), including any spares, shall be removed. Disposal shall be IAW local salvage and EPA procedures. The removed equipment shall be transported to the Defense Reclamation Material Office (DRMO) facility in Eglin Air Force Base. Documentation of the proper disposal of the removed equipment shall be provided.

All available Commercial-Off-The-Shelf (COTS) Documentation shall be provided to support the use and maintenance of the UPS. Facility power drawings shall be provided. The contractor shall provide updated facility power drawings to show the installation of the new UPS. Documentation of the Battery Monitoring Interface shall be provided to support the monitoring of the battery status.

The installed UPS unit shall be tested, visually and functionally, to verify that the installed UPS meets the requirements set forth in this document. The contractor shall have personnel available to address and correct any discrepancies found during testing.

All new or modified facility work shall be subject to Government approval prior to any work being initiated. The work shall meet state and local electrical codes including NFPA-70 requirements.

Approvals of all electrical work shall consist of the following:

A. Designer-of-record Professional Engineer (PE) stamp on design drawings B. When wall penetrations will be made, Fire Protection Engineer (FPE) review and sign-off of design drawings to certify the plans meet all fire and safety codes C. Submission of design drawings to the Public Works Department and the building manager for review and approval, after they have been PE stamped D. After all work is completed, PE on-site inspection and approval of the work

INDUSTRY DAY: The Government had an industry day (site visit) for potential industry partners. This visit provided potential offerors a look at the UPS system, and provided an opportunity for an in-person question and answer session. The Government’s primary goal was to exchange information, to seek feedback from industry early in the acquisition process, and to address any questions or concerns participants may have had. Interested vendors were not required to attend industry day to be eligible to submit an offer for this future requirement.

1. List of Contract Line Item Numbers, Items, Quantities and Units of Measure:

CLIN 0001; Replacement and removal of current UPS system. See SOW for additional information.

2. Dates and place of delivery and acceptance:

Delivery shall be made to:

NAS Pensacola Attention: Rick Cash 281 Farrar Rd Bldg 3220 ATC Pensacola, FL 32508

Note: Inspection and Acceptance will occur at delivery site and will be conducted by the Government. Delivery shall be within 60 days after contract award.

The provision at FAR 52.212-2, Evaluation–Commercial Items, does not apply.

All Offerors must include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Items, with its offer.

3. Basis of Award:

The Government will award a contract resulting from this solicitation, to the responsible offeror based on the lowest priced technically acceptable (LPTA) quote.

Note: The Government reserves the right to request additional information as it deems necessary. Such request shall be considered clarification. Also, all new entities registering in GSA’s System for Award Management (SAM), as well as existing registrations being updated or renewed, will require the submission of an original, signed notarized letter identifying the authorized Entity Administrator for the entity associated with the Data Universal Numbering System (DUNS) number before the registration will be activated. It is recommended that all interested parties be aware that processing this additional information may take several days and are proactive in maintaining the SAM registrations in an “Active” status as the government cannot award to an entity without an “Active” SAM registration. More information can be found at www.gsa.gov/samupdate.”

4. Quote Submission Information:

The provision at FAR 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services applies to this acquisition and is augmented with the following.

A Quoter is solely responsible for completing and submitting the required documents in sufficient detail to allow the Government to assess the quotation based on all the evaluation criteria in this RFQ.

Quoters shall thoroughly examine all SOW tasks, evaluation criteria information, and attachments prior to submitting an offer. Failure to do so will be at the Quoter’s own risk.

The Government will not pay any Quoter for any costs or expenses associated with the preparation of its quotation. All quote development costs shall be borne by the Quoters without reimbursement from the Government.

Quotes are due, via e-mail only, no later than 1200 Eastern Standard Time 01 September 2022 to amber.m.lizotte.civ@us.navy.mil. Responses shall include the solicitation number, name, address, and telephone number of the offeror. Proprietary data in the responses will be protected where so designated. Please fill out all applicable provisions and clauses.

For information or questions regarding this RFQ, contact the cognizant Contract Specialist, Amber Lizotte at amber.m.lizotte.civ@us.navy.mil or Bryan Walsh, Procuring Contracting Officer (PCO) at bryan.s.walsh2.civ@us.navy.mil.

4.1. Quote Format

Quotes shall be submitted electronically in one of the following searchable file formats: Microsoft Word document compatible with MS Office 2013 (.doc or .docx file), Microsoft Excel document (.xls or .xlsx file), or searchable Portable Document Format (.pdf file).

The electronic quotation shall be organized to correspond with the evaluation criteria using standard 8 ½ x 11” size paper, 12-point Times New Roman type, single spaced and 1-inch margins.

Files shall not be locked, encrypted, or otherwise contain barriers to opening.

4.2. Quotation Content and Volumes

Responses shall be organized in the following manner:

Original

Original

Original

Quoters shall include the following in each volume:

I. VOLUME I: ADMINISTRATIVE COMPLETENESS

(a) The Quoter shall provide the name, title, telephone number, and e-mail address of the company/division point of contact that can contractually obligate your company. The quotation shall identify those individuals authorized to negotiate with the Government. The quotation shall provide the company name, street address, and Data Universal Numbers System (DUNS) number.

(b) Quoters shall identify and address assumptions, deviations, and exceptions. Full explanation and justification of assumptions, deviations, and exceptions must be provided. Failure to provide a full explanation and justification for any assumption, deviations, and exceptions may result in the exclusion of the Quoter from consideration for award. In addition, assumptions, conditions, exceptions, and deviations may cause the Quoters RFQ to be considered “Unacceptable” and, thus, not awardable. If no assumptions, deviations or exceptions are taken to the solicitation terms and conditions, a statement to that effect is required.

(c) Quoters shall include copies of all applicable SAM records, which includes the size assertions for the applicable NAICS Code.

II. VOLUME II: TECHNICAL APPROACH & DELIVERY

(a) Quoters shall certify that the delivery and installation schedule of 60 days after contract award will be met.

(b) Quoters shall include information (e.g. narrative, specification sheets, etc) that demonstrates the proposed solution meets each of the SOW paragraphs 3 - 6 requirements.

III. VOLUME III: PRICE

The Price portion of the quotation shall be submitted in the Quoters preferred format and shall include a single price for the identified CLIN/Quantities specified above. The price must be inclusive of all delivery and handling costs, as applicable. Quoters are reminded that the proposed prices for each CLIN shall be inclusive of all costs to complete the requirements (i.e. travel, material, labor, etc.). Quotations should include the Quoter’s best pricing; including all discounts, as there may not be another opportunity to offer further discounts.

4.0 EVALUATION CRITERIA

Evaluation Factors and Process. The following factors shall be used to evaluate offers:

· TECHNICAL (Volume 2)

· PRICE (Volume 3)

The Government will evaluate quotes received in response to this RFQ using the Lowest-Price-Technically-Acceptable (LPTA) methodology. Quoters should submit its best terms in the initial quotation. The quotation must demonstrate to the Government’s satisfaction that the Quoter will provide a quality supply or service that will ensure the successful accomplishment of the requirements and overall program objectives.

The Government will evaluate the quotation offering the lowest price first. If the Technical volume of the quotation offering the lowest price is found unacceptable, then the Government will evaluate the next lowest priced quotation's Technical volume. Next, the Government will review the Price volume from the quoter that submitted the lowest-priced, technically acceptable quotation to determine whether the price is fair and reasonable. If that quotation’s price is fair and reasonable, the Government will complete a responsibility determination, and if the Government finds the quoter responsible, then the evaluation process stops as that quotation represents the best value to the Government. Award shall be made to that quoter without further consideration of any other quotations.

The lowest evaluated price of quotation shall meet or exceed the acceptability standards for the Technical Factor. The Government will evaluate quotations against the minimum requirements set out in the RFQ to determine whether the quotation is "Acceptable" or "Unacceptable" using the ratings and descriptions provided in the evaluation ratings listed below:

Table A: Definition of Evaluation Ratings

4.1 SPECIFIC EVALUATION CRITERIA/BASIS FOR AWARD

I. VOLUME 1: ADMINISTRATIVE COMPLETENESS

The Government will evaluate Volume 1 to verify that the requested information of Section 3.2, paragraph I, subparagraphs (a) through (c) has been provided. That information may be necessary for a quote to be acceptable for award. Any questions to Quoters to resolve issues with that information are not considered deficiencies that make a contractor unacceptable for award, even if the information is necessary for award, unless the Quoter refuses to provide the requested information.

II. VOLUME 2: TECHNICAL APPROACH & DELIVERY

The Government will evaluate Volume 2 utilizing the Acceptable/Unacceptable basis. A quotation may be deemed “Unacceptable” if the quotation merely repeats or restates the SOW words or make statements lacking the required information.

(a) An acceptable delivery schedule is one that meets the Government’s requirement to complete the SOW requirements no later than 60 days after contract award.

(b) Demonstrated the ability to satisfactorily provide/satisfy each of the technical requirements in the table below:

a. Provide a minimum capacity of 80kVA and 64 KWatts.

b. Provide a backup time of 15 minutes at 60 kVA.

c. Provide a by-pass mode

d. Provide feedback to the ATC trainer on the state of the UPS and the potential of loss of power.

e. Provide a status display of the UPS and batteries providing the required information.

f. Provide remote status monitoring.

g. Condition building power to remove noise, power spikes, and power surges.

h. Provide an Emergency Power Off (EPO) switch on the unit.

i. Provide the capability to accept input from the existing EPO switches.

III. VOLUME 3: PRICE

It is expected that a purchase order award decision will include a determination that there is adequate price competition and that the proposed prices are reasonable. In limited situations, additional analysis may be required by the Government to determine reasonableness.

5. Contract Provisions Incorporated by Reference:

6. Contract Provision(s) Incorporated by Full Text:

52.225-2 – Buy American Certificate (May 2014)

(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off- the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(b) Foreign End Products:

[List as necessary]

(c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal Acquisition Regulation.

(End of Provision)

7. Contract Clauses Incorporated by Reference:

252.203-7002

Requirements to Inform Employees of Whistleblower Rights (September 2013)

8. Contract Clauses Incorporated by Full Text:

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

EXECUTIVE ORDERS—COMMERCIAL ITEMS (May 2022)

(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 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.)

(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (JUN 2020) (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) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved]

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020) (31 U.S.C. 6101 note).

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

(10) [Reserved]

(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).

(ii) Alternate I (MAR 2020) of 52.219-3.

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (MAR 2020) of 52.219-4.

(13) [Reserved]

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

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

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

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

(16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and (3)).

(17)(i) 52.219-9, Small Business Subcontracting Plan (JUN 2020) (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 (JUN 2020) of 52.219-9.

(18) (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.

(19) 52.219-14, Limitations on Subcontracting (MAR 2020) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020) (15 U.S.C. 657f).

(22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (MAY 2020) (15 U.S.C. 632(a)(2)).

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

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020) (15 U.S.C. 637(m)).

(24) 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 (MAR 2020) (15 U.S.C. 637(m)).

(25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).

(26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).

(27) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(28) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2020) (E.O. 13126).

(29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(30)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

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

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

(32)(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.

(33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

(34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

(35)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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).

(36) 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 items as prescribed in 22.1803.)

(37)(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.)

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

(40) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (OCT 2015) of 52.223-13.

(41)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-14.

(42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b).

(43)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (JUN 2014) of 52.223-16.

(44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

(45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

(46) 52.223-21, Foams (JUN 2016) (E.O. 13693).

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

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

(48) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).

(49) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 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 (MAY 2014) of 52.225-3.

(iii) Alternate II (MAY 2014) of 52.225-3.

(iv) Alternate III (MAY 2014) of 52.225-3.

(50) 52.225-5, Trade Agreements (OCT 2019) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(51) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (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. 2302 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).

(55) 52.229-12, Tax on Certain Foreign Procurements (JUN 2020).

(56) 52.232-29, Terms for Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(57) 52.232-30, Installment Payments for Commercial Items (JAN 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

(58) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (OCT 2018) (31 U.S.C. 3332).

(59) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).

(60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

(61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

(62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

(63)(i) 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).

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

(iii) Alternate II (FEB 2006) 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 items:

(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 Under Executive Order 13658 (DEC 2015) (E.O. 13658).

(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (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 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 (JUN 2020) (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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (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.

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

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

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

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

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

(xi) 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.

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

(xiii) (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (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).

(xiv) 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.)

(xv) 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)

(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E. O. 12989).

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

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).

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

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

(xx) 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).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (JUN 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 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)

252.211-7003 – ITEM UNIQUE IDENTIFICATION AND VALUATION (MARCH 2016)

(a) Definitions. As used in this clause-

Automatic identification device means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

Concatenated unique item identifier means--

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

Data Matrix means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.

Data qualifier means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

DoD recognized unique identification equivalent means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.

DoD item unique identification means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

Enterprise means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency. Government's unit acquisition cost means--

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.

Issuing agency means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

Issuing agency code means a code that designates the registration (or controlling) authority for the enterprise identifier.

Item means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

Lot or batch number means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

Machine-readable means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

Original part number means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

Parent item means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

Serial number within the enterprise identifier means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

Serial number within the part, lot, or batch number means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

Serialization within the enterprise identifier means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

Serialization within the part, lot, or batch number means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

Type designation means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

Unique item identifier means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

Unique item identifier type means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier. (1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:

N/A

Contract line, subline, or exhibit line item No. Item description

(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

N/A

Contract line, subline, or exhibit line item No. Item description

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ----.

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ----.

(v) Any item not included in paragraphs (c)(1)(i), (ii), (iii), or

(iv) of this clause for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology--International symbology specification--Data matrix; ECC200 data matrix specification.

(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that--

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology-Transfer Syntax for High Capacity Automatic Data Capture Media.

(5) Unique item identifier.

(i) The Contractor shall--

(A) Determine whether to--

(1) Serialize within the enterprise identifier;

(2) Serialize within the part, lot, or batch number; or

(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: Original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.

(ii) The issuing agency code--

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) Enterprise identifier (if concatenated unique item identifier is used).

(5) Original part number (if there is serialization within the original part number).

(6) Lot or batch number (if there is serialization…