N6264918Q0121.pdf

SEE ADDENDUM

(No Collect Calls)

N6264918Q0121 17-Apr-2018

b. TELEPHONE NUMBER

81-46-816-7379

8. OFFER DUE DATE/LOCAL TIME

03:00 PM 17 May 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 X ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N626499. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MASANORI ROKUTAN

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

N6275818RCOPN01

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

NAVSUP FLC YOKOSUKA

(CODE 200)

CONTRACTING DEPARTMENT

PSC 473 BOX 11

FPO AP 96349-0011

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 N62758 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

SRF YOKOSUKA

PSC 473 BOX 8

FPO AP 96349-0008

TEL: 243-9177 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,000

NAICS:

334516

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 OF51

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.

N6264918Q0121

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Each 1

SCANNING ELECTRON MICROSCOPE

FFP

See the minimum Specifications.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Destination

MILSTRIP: N6275818RCOPN01

PURCHASE REQUEST NUMBER: N6275818RCOPN01

SIGNAL CODE: A

NET AMT

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 30-SEP-2018 1 SRF YOKOSUKA

PSC 473 BOX 8

FPO AP 96349-0008

243-9177 FOB: Destination

N62758

SOW

Statement of Work (SOW) for Scanning Electron Microscope (SEM) System

Procurement and Installation

Reference: (a) Japanese Industrial Safety and Health Act

1. General. The followings are the general requirements in this SOW;

a. A new SEM system shall be installed to U.S. Naval Ship Repair Facility and Japan Regional Maintenance Center (SRF-JRMC) Yokosuka, Japan Code 134 Laboratory Division, installed in Room 333 on the 3rd floor, BLDG 2043. The SEM system will be intended to test and identify foreign materials found in the onboard systems of U. S. Navy ships. Test samples are usually very tiny chips or compounds with metal and non-metals, limited number and/or volume of test samples and cannot be re-sampled. This is a very critical laboratory testing service using the SEM system required for SRF-JRMC’s mission.

b. The SEM system shall be manufactured by an Original Equipment Manufacturer (OEM) in accordance with ISO 9001 2015.

c. The SEM system shall be new and unused. The SEM system shall be capable of performing its intended function in accordance with the operation and performance requirements specified herein. The SEM system shall be complete, so that when connected to electric power supply, it works for any functions for which it is designed and manufactured.

d. The SEM system shall be the OEM's current production model on the date this solicitation is issued, and the SEM system has been designed, engineered and sold, or is being offered for sale through advertisements or OEM’s published catalogs or brochures. Products such as a prototype unit, preproduction model, experimental unit, refurbished or demonstrator instrument do not qualify as meeting the requirements of this SOW.

e. Any parts, components and/or units assembled in the SEM system must be asbestos and Polychlorinated Biphenyl (PCB) free. The contractor must submit a certification for asbestos and PCB free.

f. The SEM system shall be correctly installed in accordance with the OEM’s installation manuals, directions, and/or supervisions in Room 333 on the 3rd floor, BLDG 2043.

g. The contractor shall perform operational test for performance verification after satisfactorily installing the SEM system.

h. The contract includes on-site and off-site trainings for Code 134 Laboratory Division personnel for safe and correct operation, scanning electron microscopy and other technical information after the performance verification by the operational test.

i. Unless otherwise specified hereinafter, the contract shall include all costs for labor, materials, equipment, transportation, shipping, installation, adjustment, operation tests, performance verification and/or validation and supervision for all these activities and services.

2. Qualification of Contractor. The contractor shall;

a. Meet the requirements of this SOW.

b. Be an OEM or an agency or a vendor certified and/or guaranteed by the OEM for the SEM system installation.

c. Demonstrate the capabilities of the SEM system before bidding by operating the SEM system to verify that the SEM system meets the specifications required in this SOW.

d. Provide the following customer services for Code 134 Laboratory Division:

(1) Telephone support service for technical issues and troubleshooting in Japanese language by an OEM qualified service engineer from 0900 to 1700, Monday through Friday except Japanese holidays and contractor’s non-work days.

(2) On-call support service for the problems not be resolved through the telephone support, unanticipated malfunctions and emergency repairs, the contractor shall dispatch an OEM qualified service engineer to Code 134 Laboratory Division for the troubleshooting.

e. Provide on-site and off-site trainings by an OEM qualified trainer required in Paragraph 6 of this SOW.

f. Have capability to supply OEM consumable items and repair/replacement parts in a timely manner whenever required.

3. Specification. The SEM system consists of:

One (1) Scanning Electron Microscope (SEM) One (1) Energy Dispersive X-ray Spectrometer (EDS) One (1) Wavelength Dispersive X-ray Spectrometer (WDS) Two (2) computer work stations, one is for operating the SEM and another one is for operating the

EDS and WDS

The SEM system shall be installed in the space with 2,700 mm x 2,700 mm, and the total weight is 800 kg maximum.

a. SEM requirements:

(1) Low vacuum function to set the pressure in the specimen chamber to several tens to several hundred pascal.

(2) Operation panel(s) for image adjustment and control

(3) Specimen pre-evacuation chamber (airlock chamber) while keeping a high vacuum in the specimen chamber.

(4) Resolution of secondary electron image: 3.0 nm minimum at accelerating voltage 30 kV and 15 nm minimum at accelerating voltage 1 kV under high vacuum mode

(5) Resolution of secondary electron image: 3.0 nm minimum at accelerating voltage 30 kV under high vacuum mode, 15 nm minimum at accelerating voltage 1 kV.

(6) Direct magnification: Minimum range = x 5 to x 300,000

(7) Electron gun: Thermoionic emission (TE) gun using a tungsten filament and fully automatic gun alignment including filament alignment

(8) Automatic image control function for filament alignment, focusing, stigmator, brightness and contrast.

(9) Controllable accelerating voltage from 0.3 kV to 30 kV by 1 kV

(10) Objective lens aperture: Three (3) stages or more

(11) Secondary and backscattered electron detectors for secondary electron image, composition image, topographic image and stereo-microscopic image.

(12) Specimen stage: Eccentric specimen stage that is fully motorized and high precision five-axis stage for horizontal movement (X, Y), vertical movement (Z), rotation (R) and specimen tilting (T).

X movement: 0 to 100 mm minimum Y movement: 0 to 50 mm minimum Z movement: 5 to 65 mm minimum R movement: 360° T movement: - 10° to 90° minimum

(13) Specimen size allowed to be put on the specimen holder: 150 mm in diameter minimum x 75 mm in height minimum

(14) Pumps for vacuum system: fully automatic rotary and turbo-molecular pumps

(15) One-touch switch to shift high vacuum mode and low vacuum mode

(16) Pressure range for low vacuum mode: 10 to 650 pascal or wider pressure range

(17) Function of automatic control of the vacuum degree to adjust the vacuum pressure measured to the vacuum pressure initially set up.

(18) Function to adjust the low-vacuum pressure during observing the specimen

(19) Function for scanning signals of secondary and backscattered electron images and simultaneously displaying the both images on the monitor screen

(20) Maximum picture size to be saved: 5,120 x 3,840 pixels

(21) Function to select file format from Bitmap (BMP), Tagged Image File Format (TIFF) and Joint

Photographic Experts Group (JPG)

(22) Function to measure the distance between two (2) points and parallel lines, angle, diameter, area, etc.

and calibration function of the measurements with a software or program

(23) Scope and CCD camera (image sensor: 1/2.5 inch Complementary Metal Oxide Semiconductor (CMOS), 120 million pixels minimum) to observe the specimen holder in the specimen chamber

(24) Safety functions to protect the SEM system against electric outage and short circuit and to retain the degree of vacuum

(25) Computer work station for SEM. The followings are the minimum requirements.

(a) Operating system: Windows 10 Professional 64 bit, English and Japanese bilingual version.

(b) Power supply: AC 100V - 120V, 50HZ – 60 HZ

(c) Input and output ports or connectors to connect a monitor, the keyboard, mouse, printer, SEM and SEM accessories

(d) RAM 8 GB or 16 GB and HDD 500 GB or more

(e) Optical drive: CD/DVD multi drive: CD-RW, DVD ± RW

(f) One (1) liquid crystal color display: 23 or 24 inches, power supply: AC 100V - 200V and

50Hz – 60Hz, resolution: 1,920 x 1,200 pixels, Signal compatibility and connection: DVI-D port and D-sub, brightness: 250 -300 cd/m2, contrast ratio: 500:1 to 1,000:1, maximum display color: full color 1677 million colors

(g) One (1) keyboard: Standard keyboard (function keys, typewriter keys, cursor keys and numeric keys) with USB cable connection, no smart card reader required

(h) One (1) mouse with a USB cable

(i) One (1) inkjet color printer: resolution: 5,760 x 1,440 DPI, paper formats: letter, legal and A4, automatic duplex printing function, power supply: AC 100V – 120V and 50Hz – 60Hz, interfaces: Hi-speed USB and USB, compatible operating system: Windows 7 and 10.

(j) Application software: Microsoft Word 2016 and Excel 2016 at least

(k) Software and/or Program for SEM operation: The OEM original operation and analysis programs/software shall be installed into the Windows 10 computer. The programs/software can fully operate the SEM to set up parameters and test samples, process, store and display the test data, information and results in both English and Japanese languages, and control all instrument functions of the SEM

b. WDS requirements

(1) Function of quantitative analysis using standard materials, semi-quantitative analysis, qualitative analysis, peak identification and element mapping

(2) Resolution that the WD spectrum completely resolves the Sn and Sb peak lines

(3) WDS functions shall be operated by one single computer with a software and/or program unified for operating both WDS and EDS.

(4) X-ray detector that is a gas filled container type and does not need PR gas

(5) Standard reference materials shall be provided for calibration for the following elements:

Natrium, Magnesium, Aluminum, Silicon, Phosphorous, Sulfur, Chlorine, Calcium, Titanium, Vanadium, Chromium, Manganese, Ferrous, Cobalt, Nickel, Copper, Zinc, Arsenic, Selenium, Zirconium, Niobium, Molybdenum, Silver, Cadmium, Tin, Antimony, Tantalum, Tungsten, and Lead

(6) Material identification functions

(7) Function for automatically setting or selecting analysis conditions and measuring procedures.

c. EDS requirements

(1) Function of standard-less quantitative analysis, qualitative analysis, peak identification and element mapping

(2) Cooling by a Peltier element that eliminates cooling with liquid nitrogen

(3) The energy resolution at Mn-Kα shall be less than 130 eV.

(4) Energy drift adjustment function

(5) Function to provide information of possible chemical compound of the specimen

(6) The WDS and EDS shall be operated by one single computer that is installed with a software and/or program unified for operating both WDS and EDS.

d. Computer work station requirements for WDS and EDS. The followings are the minimum requirements.

(1) Operating system: Windows 10, English and Japanese bilingual version.

(2) Power supply: AC 100V - 120V, 50HZ – 60 HZ

(3) Input and output ports or connectors to connect a monitor, the keyboard, mouse, printer, SEM and SEM accessories

(4) RAM 8 GB or 16 GB and HDD 500 GB or more

(5) Optical drive: CD/DVD multi drive: CD-RW, DVD ± RW

(6) One (1) liquid crystal color display: size 23 or 24 inches, power supply AC 100V - 120V and 50Hz

– 60Hz, resolution 1,920 x 1,200 pixels, signal compatibility and connection DVI-D port and D-sub, brightness 250 -300 cd/m2, contrast ratio 500:1 to 1,000:1, maximum display color full color 1677 million colors

(7) One (1) keyboard: standard keyboard (function keys, typewriter keys, cursor keys and numeric keys) with USB cable connection, no smart card reader required.

(8) One (1) mouse with a USB cable

(9) One (1) inkjet color printer: resolution 5,760 x 1,440 DPI, paper formats letter, legal and A4, automatic duplex printing function, power supply AC 100V – 120V and 50Hz – 60Hz, interfaces Hi-speed USB and USB, compatible operating system Windows 7 and 10

(10) Application software: Microsoft Word 2016 and Excel 2016 at least

(11) One (1) computer rack to put a computer, a monitor, a keyboard, a mouse and a printer on:

Dimensions 70 to 80 cm long, 60 to 80 cm wide and 120 to 140 cm high

(12) Software and/or program for WDS and EDS operations: The OEM original operation and analysis programs/software shall be installed into the Windows 10 computer that is one single computer for operating both WDS and EDS. The programs/software can fully operate both WDS and EDS to set up parameters and test samples, process, store and display the test data, information and results in both English and Japanese languages, and control all instrument functions of the WDS and EDS.

e. Radiation Safety requirements

(1) The x-ray accessary apparatus shall include a beam trap or other barrier with sufficient shielding so that the radiation level from the transmitted primary beam does not exceed 0.25 mrem/hr (2.5 microSv/hr) under normal operating conditions.

(2) The inherent shielding of the chamber walls shall be sufficient to limit the radiation level at five centimeters from the outer wall surface to 0.25mrem / hr (2.5 microSv/hr) during normal operation.

(3) Radiation levels shall not exceed 0.5 mrem/hr (5.0 microSv/hr) five centimeters from any external surface of the unit.

(4) A fail-safe warning light or device that is labeled “X-RAYS ON” or other similar words shall be located near any switch which energized X-ray tube is on.

(5) A fail-safe warning light or indicator in a conspicuous location near the radiation source housing shall be used to indicate when the X-ray tube is on.

(6) The control panel shall be equipped with a removal key operated power switch or a power switch and password protection system, which shall prevent the production of X-rays when in the “off” position. The “on” and “off” position shall be clearly marked and the key shall be removable only when the switch in in the “off” position.

(7) The X-ray tube housing shall be equipped with an interlock that shuts off the tube if it is removed from the radiation source housing or if the housing is disassembled.

(8) The sample chamber closure shall be interlocked with the X-ray tube high voltage supply or a shutter in the primary beam so that no X-ray beam can enter the sample chamber while it is open unless the interlock has been consciously and deliberately defeated.

(9) The inter lock shall be a fail-safe design.

(10) A caution label stating “Caution: THIS EQUIPMENT PRODUCES X-RAYS WHEN ENERGIZED

- TO BE OPERATED ONLY BY QUALIFIED PERSON”, or other similar words shall be attached near any switch which energizes an x-ray tube.

(11) The contractor shall provide a certificate showing no X-ray leakage from the SEM system.

4. Computer and Information Security. Data transfer to the SEM system with USB and wireless devices such as Bluetooth is NOT allowed at SRF-JRMC by the requirements of the SRF-JRMC Information Assurance Program. A CD/DVD or wire device as medium may be used to access the system. The contractor shall report Code 134 Laboratory Division any devices or media being connected to the system and obtain an approval for use in advance. Communication with a smartphone and tablet using Wi-Fi is also NOT allowed at SRF-JRMC.

5. Operational and Performance Tests as Receipt Inspection. When the SEM system is successfully installed, the contractor shall perform operation tests for verification and validation of the SEM system capabilities, performances and functions conformance to the requirements of this SOW and the OEM’s specifications by testing proper samples and/or reference standards with known chemical properties. The test samples shall be prepared by the contractor and/or Code 134 Laboratory Division. The operation tests shall be witnessed by Code 134 Laboratory Division representatives. When the verification and validation are successfully completed, the contractor shall submit a report including test data and results to Code 134 Laboratory Division.

6. Technical Manuals. The contractor shall provide two (2) sets of technical manuals. One is written manuals and another set is CD/DVD manuals. Each set shall be written in both English and Japanese languages and includes the following information.

a. Safety and emergency guidance, information, warnings, and/or cautions

b. Equipment specifications, capabilities and/or functions

c. Structure and component names

d. Operation manuals

e. Maintenance and Inspection Manuals

f. Troubleshooting

7. On-site and/or Off-site Training. The contractor shall provide Code 134 Laboratory Division personnel with:

a. On-site training in Japanese language by an OEM qualified person on mechanism, basic operation, test methods, maintenance, trouble shooting, safety features and warnings and other necessary requirements after the SEM system has been installed and the operation and performance test has been successfully completed. The safety features shall include radiation safety, cautions and emergency actions.

b. Off-site training in Japanese language sponsored by the OEM on further and/or updated technical, operational and methodological requirements and/or information after Code 134 personnel have acquired the basic operations and test procedures. The off-site training shall be scheduled for six (6) Code 134 Laboratory Division analysts after the on-site training.

8. Completion date. The contractor shall furnish the SEM system and complete the initial on-site training by the end of 30 Sep 2018.

9. Work schedule. The contractor is allowed to work at Code 134 Laboratory Division from 0830 to 1630, Monday through Friday except U.S. Government and Japanese holidays and the contractor’s non-work days.

10. Warranty. The SEM system’s satisfactory operation and performance shall be guaranteed for one (1) year at least after the date when Code 134 Laboratory Division has accepted all the SEM system installation work and the on-site training required herein. During the period of the warranty, the contractor shall provide technical supports and services required in Paragraph 2.d.(1) and (2) of this SOW to repair and/or restore the SEM system at no additional cost to the Government. If any units of the SEM system or whole SEM system does not perform in accordance with the OEM specification, the contractor shall pick up the equipment at the contractor’s expense, and replace with new one(s).

11. Safety. The contractor shall;

a. Ensure and confirms safety work during installing, operating and demonstrating the SEM system at SRF-

JRMC.

b. Prior to working, take necessary actions against fire hazards, electrical shock hazards and other anticipated potential hazards to protect contractor’s workers, SRF-JRMC facilities, equipment and SRF-JRMC employees.

c. Not impact SRF-JRMC operations and work schedule caused by contractor’s unsafe work, operation and/or actions.

d. Wear necessary Personal Protective Equipment (PPE) such as hard hat, safety glasses, safety shoes, etc.

during working at SRF-JRMC in accordance with references (a) and the contractor’s safety requirements.

CONTRACT ADMINISTRATION

ALL or NONE Quotation for this solicitation must be on an "ALL or NONE" basis. Partial or incomplete quotations are ineligible for award.

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.204-7 System for Award Management OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.209-2 Prohibition on Contracting with Inverted Domestic

Corporations--Representation

NOV 2015

52.212-1 Instructions to Offerors--Commercial Items JAN 2017 52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.225-14 Inconsistency Between English Version And Translation Of

Contract

FEB 2000

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications.

OCT 2015

52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7011 Alternative Line Item Structure SEP 2011 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

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

MAY 2016

252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.225-7041 Correspondence in English JUN 1997 252.225-7043 Antiterrorism/Force Protection Policy for Defense

Contractors Outside the United States

JUN 2015

252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)

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

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

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

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

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

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

(b) Safeguarding requirements and procedures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

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

(End of clause)

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

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Price

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 2017)

ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: ``Guidance for Executive Order 13673, `Fair Pay and Safe Workplaces' ''. The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(5) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of ``labor laws''.

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: ``Administrative merits determination'', ``Arbitral award or decision'', paragraph (2) of ``Civil judgment'', ``DOL Guidance'', ``Enforcement agency'', ``Labor compliance agreement'', ``Labor laws'', and ``Labor law decision''. The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small business concern.

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

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

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

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

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

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

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

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

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

(8) Women-owned business concern (other than small business concern).