N6809421R6031.pdf

Combined Synopsis/Solicitation

Notice of Intent to Sole Source

Solicitation Number: N6809421R6031

Purchase Description: ALTERG WARRANTY

This is a Notice of Intent to Sole Source for commercial items prepared in accordance with the format in FAR 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation/notice, though responses & vendor capability statements will be accepted, a further written solicitation will not be issued. This notice/announcement provides the

Government’s intent to award without competition.

Services rendered inclusive of any installation shall be in compliance with Food and Drug Administration (FDA) and Occupational Safety and Health Administration (OSHA) regulations/requirements. All software licensing, parts, warranty and service associated with the rendering of services shall be in accordance with the Original Equipment Manufacturer (OEM) terms and conditions.

The Navy Hospital Camp Pendleton (NHCP), Material Management Department, Contracting Division is issuing this combined synopsis/solicitation, N6809421R6031, as a Notice of Intent to Sole Source IAW FAR Part 5, Publicizing Contract Actions; FAR Part 12, Acquisition of Commercial Items; & FAR Part 13, Simplified Acquisition Procedures. The North American Industrial Classification System

(NAICS) code for this procurement is “334510”, with a small business standard of 1250 (# of employees).

The Government intends to award a Commercial Firm Fixed-Price Sole Source Award to contractor “ALTERG”. The solicitation document and incorporated provisions and clauses are those in effect through the Federal Acquisition Circular (FAC) 2021-06 effective

July 12, 2021 and Defense Federal Acquisition Regulation Supplement DPN 20210709 effective July 9, 2021

DESCRIPTION OF ITEMS/SERVICES: All offers shall provide F.O.B. Destination for all CLIN’s.

See attachments for additional details

TOTAL: $_________________________

Period of Performance: Base + 3 Option years

September 1, 2021 – August 31, 2022

September 1, 2022 – August 31, 2023

September 1, 2023 – August 31, 2024

September 1, 2024 – August 31, 2025

PLACE OF DELIVERY AND/OR SERVICE:

NAVAL HOSPITAL CAMP PENDLETON

PHYSICAL THERAPY

BLGS H-200

CAMP PENDLETON CA 92055-5191

Contractors may submit a capability statement, proposal, or quotation which shall be considered by the contracting officer to determine whether to continue with the sole source procurement or to provide competition. Such responses MUST be received no later than August 30, 2021; 10:00 AM (Pacific Daylight Time). Forward responses by e-mail to danielle.l.patterson3.civ@mail.mil. Due to technical issues, please allow additional time if you’re using electronic means. Responses received after the date/time posted will be considered non-responsive unless an exception applies.

For equipment repair/maintenance solicitations/procurements only authorized distributors, and/or service providers of the manufacturer will be accepted. Manufacturer certifications/confirmations must be provided upon request of the Contracting Office.

Offerors must ensure that their company is registered with System for Award Management (SAM) prior to award. For information refer to

(may have to copy/paste): https://www.sam.gov.

Upon receipt of vendor responses the contracting officer may determine to solicit providing competition for the Government the requirement for which a separate solicitation would be posted to the Federal Business Opportunities (FBO) web-site. The standard solicitation would be posted as a “Total 100% Small Business Set-Aside”, unless an exception applies, for a period of 15 calendar days or less, using the evaluation criteria below.

APPLICABLE FAR CLAUSES:

FAR 52.212-1 (Deviation 2018-O0018): Instructions to Offerors – Commercial Items (JUN 2020) mailto:.civ@mail.mil https://www.sam.gov/

FAR 52.212-2: Evaluation - Commercial Items (Oct 2014): The evaluation procedures of FAR 12.602, Streamlined Evaluation of

Offers, will be used to select the awardee/offer that represents the most advantageous offer to the Government based on the following evaluation factors

Note: All evaluation factors other than cost or price, when combined, are significantly more important than cost or price. The

Contracting Officer may, at their discretion, request clarifications, however, IAW FAR 13.106-2(b)(3) there will not be a formal evaluation plan or competitive range established, award will be made without discussions, and offers will not be formally scored.

(a) Compliance with Solicitation/SOW Requirements: Contractor offer in sufficient detail to ascertain the contractor offer has met all solicitation requirements and has a good understanding of the Government requirement; confidence/high probability requirements will be met.

(b) Price: No additional information from the offeror will be required if the price is based on adequate price competition. In the event adequate price competition does not exist, the contracting officer will obtain information from the offeror to the extent required to determine the reasonableness of the offered prices.

(c) Past Performance: Will be evaluated as Acceptable or Unacceptable based on past performance information obtained from any other sources available to the Government, to include, but not limited to, the Past Performance Information Retrieval System

(PPIRS). In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will not be evaluated favorably or unfavorably on past performance.

Past Performance Evaluation Ratings

Rating Description

Acceptable

Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown.

Unacceptable

Based on the offeror’s performance record, the

Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.

SEE ADDENDUM

(No Collect Calls)

N6809421R6031 19-Aug-2021

b. TELEPHONE NUMBER

760-725-1597

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 30 Aug 2021

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

N680949. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DANIELLE L. PATTERSON

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

(TYPE OR PRINT)

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

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

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

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

0011688378

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

NAVAL AIR STATION HOSPITAL

NAVAL HOSPITAL CAMP PENDLETON

CAMP PENDLETON CA 92055

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 HT0635 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NAVAL HOSPITAL CAMP PENDLETON

NAVAL HOSPITAL CAMP PENDLETON

BLDG H-200

CAMP PENDLETON CA CA 92055

TEL: FAX:

FAX:

TEL: 760-725-1601

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

334510

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 OF40

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.

N6809421R6031

Section SF 1449 - CONTINUATION SHEET

BUYER’S INFORMATION

Contract Specialist: Danielle Patterson

Tel: (760) 725-1597

E-mail: danielle.l.patterson3.civ@mail.mil

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each

M320/F320 WARRANTY

FFP

Warranty, M320/F320 3-4 Years Age of Unit

S/N: M300-0167

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

PURCHASE REQUEST NUMBER: 0011688378

ADDITIONAL MARKINGS: PHYSICAL THERAPY, 760-719-3382

PSC CD: 7810

NET AMT

0002 1 Each

M320/F320 WARRANTY

FFP

Warranty, M320/F320 3-4 Years Age of Unit

S/N: M300-1172

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

PURCHASE REQUEST NUMBER: 0011688378

mailto:danielle.l.patterson3.civ@mail.mil

0003 1 Each

M320/F320 WARRANTY

FFP

Warranty, M320/F320 3-4 Years Age of Unit

S/N: M300-1009

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

PURCHASE REQUEST NUMBER: 0011688378

0004 1 Each

PREFERRED WARRANTY PRO200

FFP

P200 Series Annual Extended Warranty

S/N: P200-156

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

PURCHASE REQUEST NUMBER: 0011688378

0005 1 Each

PREFERRED WARRANTY PRO200

FFP

P200 Series Annual Extended Warranty

S/N: P200-220

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

PURCHASE REQUEST NUMBER: 0011688378

0006 1 Each

PREFERRED WARRANTY PRO200

FFP

P200 Series Annual Extended Warranty

P200-216

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

PURCHASE REQUEST NUMBER: 0011688378

1001 1 Each

OPTION M320/F320 WARRANTY

FFP

Warranty, M320/F320 3-4 Years Age of Unit

S/N: M300-0167

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

1002 1 Each

OPTION M320/F320 WARRANTY

FFP

Warranty, M320/F320 3-4 Years Age of Unit

S/N: M300-1172

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

1003 1 Each

OPTION M320/F320 WARRANTY

FFP

Warranty, M320/F320 3-4 Years Age of Unit

S/N: M300-1009

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

1004 1 Each

OPTION PREFERRED WARRANTY PRO200

FFP

P200 Series Annual Extended Warranty

S/N: P200-156

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

1005 1 Each

OPTION PREFERRED WARRANTY PRO200

FFP

P200 Series Annual Extended Warranty

S/N: P200-220

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

1006 1 Each

OPTION PREFERRED WARRANTY PRO200

FFP

P200 Series Annual Extended Warranty

P200-216

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

2001 1 Each

OPTION M320/F320 WARRANTY

FFP

Warranty, M320/F320 3-4 Years Age of Unit

S/N: M300-0167

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

2002 1 Each

OPTION M320/F320 WARRANTY

FFP

Warranty, M320/F320 3-4 Years Age of Unit

S/N: M300-1172

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

2003 1 Each

OPTION M320/F320 WARRANTY

FFP

Warranty, M320/F320 3-4 Years Age of Unit

S/N: M300-1009

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

2004 1 Each

OPTION PREFERRED WARRANTY PRO200

FFP

P200 Series Annual Extended Warranty

S/N: P200-156

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

2005 1 Each

OPTION PREFERRED WARRANTY PRO200

FFP

P200 Series Annual Extended Warranty

S/N: P200-220

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

2006 1 Each

OPTION PREFERRED WARRANTY PRO200

FFP

P200 Series Annual Extended Warranty

P200-216

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

3001 1 Each

OPTION M320/F320 WARRANTY

FFP

Warranty, M320/F320 3-4 Years Age of Unit

S/N: M300-0167

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

3002 1 Each

OPTION M320/F320 WARRANTY

FFP

Warranty, M320/F320 3-4 Years Age of Unit

S/N: M300-1172

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

3003 1 Each

OPTION M320/F320 WARRANTY

FFP

Warranty, M320/F320 3-4 Years Age of Unit

S/N: M300-1009

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

3004 1 Each

OPTION PREFERRED WARRANTY PRO200

FFP

P200 Series Annual Extended Warranty

S/N: P200-156

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

3005 1 Each

OPTION PREFERRED WARRANTY PRO200

FFP

P200 Series Annual Extended Warranty

S/N: P200-220

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

3006 1 Each

OPTION PREFERRED WARRANTY PRO200

FFP

P200 Series Annual Extended Warranty

P200-216

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

4001 1 Each

OPTION M320/F320 WARRANTY

FFP

Warranty, M320/F320 3-4 Years Age of Unit

S/N: M300-0167

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

4002 1 Each

OPTION M320/F320 WARRANTY

FFP

Warranty, M320/F320 3-4 Years Age of Unit

S/N: M300-1172

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

4003 1 Each

OPTION M320/F320 WARRANTY

FFP

Warranty, M320/F320 3-4 Years Age of Unit

S/N: M300-1009

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

4004 1 Each

OPTION PREFERRED WARRANTY PRO200

FFP

P200 Series Annual Extended Warranty

S/N: P200-156

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

4005 1 Each

OPTION PREFERRED WARRANTY PRO200

FFP

P200 Series Annual Extended Warranty

S/N: P200-220

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

4006 1 Each

OPTION PREFERRED WARRANTY PRO200

FFP

P200 Series Annual Extended Warranty

P200-216

FOB: Destination

BRAND NAME/SOLE SOURCE: SS

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

0005 Destination Government Destination Government

0006 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

1003 Destination Government Destination Government

1004 Destination Government Destination Government

1005 Destination Government Destination Government

1006 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

2003 Destination Government Destination Government

2004 Destination Government Destination Government

2005 Destination Government Destination Government

2006 Destination Government Destination Government

3001 Destination Government Destination Government

3002 Destination Government Destination Government

3003 Destination Government Destination Government

3004 Destination Government Destination Government

3005 Destination Government Destination Government

3006 Destination Government Destination Government

4001 Destination Government Destination Government

4002 Destination Government Destination Government

4003 Destination Government Destination Government

4004 Destination Government Destination Government

4005 Destination Government Destination Government

4006 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 01-SEP-2021 1 NAVAL HOSPITAL CAMP PENDLETON

NAVAL HOSPITAL CAMP PENDLETON

BLDG H-200

CAMP PENDLETON CA CA 92055

FOB: Destination

HT0635

0002 01-SEP-2021 1 (SAME AS PREVIOUS LOCATION)

0003 01-SEP-2021 1 (SAME AS PREVIOUS LOCATION)

0004 01-SEP-2021 1 (SAME AS PREVIOUS LOCATION)

0005 01-SEP-2021 1 (SAME AS PREVIOUS LOCATION)

0006 01-SEP-2021 1 (SAME AS PREVIOUS LOCATION)

1001 01-SEP-2022 1 (SAME AS PREVIOUS LOCATION)

1002 01-SEP-2022 1 (SAME AS PREVIOUS LOCATION)

1003 01-SEP-2022 1 (SAME AS PREVIOUS LOCATION)

1004 01-SEP-2022 1 (SAME AS PREVIOUS LOCATION)

1005 01-SEP-2022 1 (SAME AS PREVIOUS LOCATION)

1006 01-SEP-2022 1 (SAME AS PREVIOUS LOCATION)

2001 01-SEP-2023 1 (SAME AS PREVIOUS LOCATION)

2002 01-SEP-2023 1 (SAME AS PREVIOUS LOCATION)

2003 01-SEP-2023 1 (SAME AS PREVIOUS LOCATION)

2004 01-SEP-2023 1 (SAME AS PREVIOUS LOCATION)

2005 01-SEP-2023 1 (SAME AS PREVIOUS LOCATION)

2006 01-SEP-2023 1 (SAME AS PREVIOUS LOCATION)

3001 01-SEP-2024 1 (SAME AS PREVIOUS LOCATION)

3002 01-SEP-2024 1 (SAME AS PREVIOUS LOCATION)

3003 01-SEP-2024 1 (SAME AS PREVIOUS LOCATION)

3004 01-SEP-2024 1 (SAME AS PREVIOUS LOCATION)

3005 01-SEP-2024 1 (SAME AS PREVIOUS LOCATION)

3006 01-SEP-2024 1 (SAME AS PREVIOUS LOCATION)

4001 01-SEP-2025 1 (SAME AS PREVIOUS LOCATION)

4002 01-SEP-2025 1 (SAME AS PREVIOUS LOCATION)

4003 01-SEP-2025 1 (SAME AS PREVIOUS LOCATION)

4004 01-SEP-2025 1 (SAME AS PREVIOUS LOCATION)

4005 01-SEP-2025 1 (SAME AS PREVIOUS LOCATION)

4006 01-SEP-2025 1 (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

52.204-7 System for Award Management OCT 2018

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018

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

AUG 2020

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

JUN 2020

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018

52.212-5 (Dev) Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items (Deviation

2018-O0021)

JAN 2021

52.222-3 Convict Labor JUN 2003

52.222-50 Combating Trafficking in Persons OCT 2020

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021

52.232-1 Payments APR 1984

52.232-8 Discounts For Prompt Payment FEB 2002

52.233-3 Protest After Award AUG 1996

52.246-1 Contractor Inspection Requirements APR 1984

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

252.211-7003 Item Unique Identification and Valuation MAR 2016

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

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

Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203-

19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with 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), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form

312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information

Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC

2014)

The Contractor's representations and certifications, including those completed electronically via the System for

Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)

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

Covered article means any hardware, software, or service that--

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means--

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L.

115-91) prohibits Government use of any covered article. The Contractor is prohibited from--

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement.

(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of

Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

https://dibnet.dod.mil/ https://dibnet.dod.mil/

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

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

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

Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the

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

(a) Definitions. As used in this provision-

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

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

Equipment.

(b) Prohibition.

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

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

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

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

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

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

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

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

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

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

(d) Representations. The Offeror represents that--

(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds

"will" in paragraph (d)(1) of this section; and

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

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

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

(ii) For covered services--

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

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

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

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

(i) For covered equipment--

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

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

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

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

(ii) For covered services--

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

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

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

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations

Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

The Contractor is responsible for the delivery of each item quantity within allowable variations, if any. If the

Contractor delivers and the Government receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of the Contractor. The Government may retain such excess quantities up to $250 in value without compensating the Contractor therefor, and the Contractor waives all right, title, or interests therein. Quantities in excess of $250 will, at the option of the Government, either be returned at the Contractor's expense or retained and paid for by the Government at the contract unit price.

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the

Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option to extend services unilaterally by written notice to the Contractor within 30 calendar days from the expiration of the base or exercised option year or agreement by both parties by bi-lateral modification within 30 calendar days after the expiration of the base or exercised option year (the effective date shall be the first day of the expiration of the base or last exercised option year).

52.217-9: OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice/unilateral modification to the Contractor within 30 calendar days from the expiration of the base or exercised option year; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar days from the expiration of the base or exercised option year. The preliminary notice does not commit the Government to an extension. The term of the contract may also be extended by agreement by both parties through bi-lateral modification of the contract within 30 calendar days after the expiration of the base or exercised option year (the exercised option period of performance shall not be modified for the late exercise of the option and the effective date shall be the first day of the expiration of the base or last exercised option year).

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed (4)

YEARS .

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2020)

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern--

(1) 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 the size standard in paragraph (d) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13

CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and

Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the

Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in

SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code 334510 assigned to contract number N6809421PXXXX.

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the

Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor 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 (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB

Program participating in the joint venture.

[The Contractor 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.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the

Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not an EDWOSB 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 (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor 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.

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph

(h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the

List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The Contractor shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

[Contractor to sign and date and insert authorized signer's name and title.]

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)

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

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

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

Government authorized end user to such clause.

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

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

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)

United States law will apply to resolve any claim of breach of this contract.

52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov https://www.acq.osd.mil/dpap/dars/dfarspgi/current/

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov

52.252-5 AUTHORIZED DEVIATIONS IN…