RFQ N42158-21-Q-0059 NNSY 3 BATTERY POWERED FORKLIFT - Original.pdf

SEE ADDENDUM

(No Collect Calls)

N4215821Q0059 02-Jul-2021

b. TELEPHONE NUMBER

757-396-8345

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 02 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 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.

N421589. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

PIERRE D. RENE

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

N4215821RC10660

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

NORFOLK NAVAL SHIPYARD

ATTN: PIERRE RENE

NNSY CONTRACTING

C400, BLDG 65, 2ND FLOOR

PORTSMOUTH VA 23709-1022

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-C9

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: 757-396-8345 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$35,000,000

NAICS:

532490

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF57

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.

N4215821Q0059

Section SF 1449 - CONTINUATION SHEET

52.212-1 Instructions to Offerors - Commercial Items This requirement will be prepared in accordance with the information in FAR Subpart 12.6 and FAR Part 13, as supplemented with additional information included in this notice. Accordingly, a Simplified Streamlined acquisition process will be used in the evaluation and award of the contract.

Quotes are due on or before AUG 02, 2021 at 12:00PM Eastern. Quotations shall be emailed to Contract Specialist, Pierre Rene, Pierre.d.Rene1@navy.mil and to USFF_NNSY_C432@navy.mil . Questions for clarification must be submitted by July 19, 2021 at 12:00PM Eastern.

*REQUIRED DOCUMENTS

Technical Acceptability will be evaluated to determine an overall rating of “acceptable” or “unacceptable”. This will be determined by evaluating the ability of the vendor to provide a sound, compliant approach that meets all requirements and demonstrates a thorough knowledge and understanding of the Statement of Work (SOW) requirements. It is the contractor’s responsibility to ensure that their quotation clearly demonstrates their ability to perform these requirements.

Quotations will consist of the following documents submitted together in Adobe Acrobat .pdf format:

Period of Performance as follows:

TO BE PROVIDED UPON AWARD

Completed and signed standard form SF1449 with unit prices for each line item in accordance with the Contract Line Item Number (CLIN).

Provide monthly rates for each CLINs 0001

Provide monthly CLINs 1001

Provide monthly CLINs 1002

Additionally, each offeror must provide the following information with the proposal:

1. The Request for Quotes (RFQ) number;

2. The Name, Address, Telephone Number, and Cage Code or Duns number of the offeror;

3. Include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the RFQ. Proposals that reject the terms and conditions of the RFQ may be excluded from consideration;

4. Acknowledgment of Solicitation Amendments (SF-30), if any;

5. Completed FAR 52.212-3 Representations and Certifications unless otherwise completed in SAM;

6. Confirmation of the ability to meet the period of performance as contained herein;

7. Provide a technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. Technical Submission including but not limited to equipment specifications, manuals, and photographs;

Award will be made for the technically acceptable item or combination of technically acceptable items that result in the lowest aggregate price to the Government.

Award may or may not be made without any type of discussions or negotiations. This is based on the Contracting Officer’s determination after an evaluation has been completed on all quotations.

Technical Acceptability: Technical Acceptability will be evaluated to determine an overall rating of “acceptable” or “unacceptable”. This will be determined by evaluating the ability of the vendor to provide a sound, compliant approach that meets all requirements and demonstrates a thorough knowledge and understanding of the Specification requirements. It is the contractor’s responsibility to ensure that their quotation clearly demonstrates their ability to perform these requirements. Technical acceptability will be defined as follows:

Technical Ratings

Rating Description Acceptable Quote meets all of the requirements identified Unacceptable Quote does not meets all of the requirements identified

Failure to meet any technical requirement for an item (or specification) will make the quotation unacceptable for that item (or that specification).

If an item (or specification) is technically unacceptable, its price will not be considered for award.

Price:

The estimated amount for each line item will be added together to determine the total estimated price which will become the evaluation price.

The vendor’s proposed price will be evaluated on the basis of price reasonableness. All prices must be considered fair and reasonable as determined by the Government. All quotes submitted in response to this solicitation shall stand firm for 30 calendar days from the response date of this solicitation.

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

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

STATEMENT OF WORK

PROVIDE SWING CARRIAGE FORK LIFTS

FOR NORFOLK NAVAL SHIPYARD

1. BACKGROUND:

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

1.1.1. Three 3,000 lbs. minimum capacity forklifts for the movement of materials In Material Envelopes throughout the shipyard

2. REFERENCES

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

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

2.3. Industrial Truck Standard Development Foundation, ITSDF B56 standard

3. WORK REQUIREMENTS

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

3.1.1. Rated Capacity 3,000 lbs. (minimum)

3.1.2. Load Center 24 inches.

3.1.3. Mast Extended Height 274” (minimum)

3.1.4. High Visibility 3-Stage or 4-Stage Mast

3.1.5. Multi-Purpose Forklift Truck rotational 180 degree front-end articulation

3.1.6. Tires: Solid

3.1.7. CAN-Bus Electric System, Electric Powered

3.1.8. Hydraulic Power Steering

3.1.9. 22” Mast Shift

3.1.10. 90 Degree Mast Rotation

3.1.11. Safety Features (Horn, Rearview Mirror, Seat Bet)

3.1.12. Horizontal Tilt Indicator

3.1.13. 40” long end tapered Forks

3.1.14. 2 “fork thickness

3.1.15. Parking Break Hand/Foot Operated

3.1.16. Lights: Brake, Front and rear drive light, work lights

3.1.17. Reverse/Backup Alert/Alarm

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

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

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

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

3.5.1. Provide new condition maintenance free battery.

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

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

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

Representative (COR) or authorized government representative.

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

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

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

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

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

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

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

3.8.2. Provide a replacement vehicle within 24 hours for any unscheduled repairs required.

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

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

10 business days if repairs cannot be accomplished to return the vehicle to full operating status within 24 hours of a service call.

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

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

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

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

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

4.1. DEFINITIONS

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

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

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

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

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

4.1.6. Hostile act. An act of war.

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

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

5. DELIVERABLE ITEMS

5.1. Certification that all pre-delivery checks of section 3.3 thru 3.6 were performed and all unsatisfactory Items were corrected.

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

6. GOVERNMENT FURNISHED ITEMS AND SERVICES

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

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

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

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

7. QUALITY ASSURANCE SURVEILLANCE PLAN:

Primary Performance Objectives

Performance Standard/AQL Performance Assessment Method

Contractor to deliver and pick-up Forklift and provide inspection documents in a timely manner

100% of the services performed and documents submitted

Timely delivery will be tracked by Government Surveillance Officer

Contractor to provide Forklift repairs within 8 hours of notification by Government or provide replacement unit in a timely manner

100% of repairs/replacements completed in a timely manner

Government Surveillance Officer will assess compliance with reviews completed monthly

Contractor to perform scheduled maintenance of Forklift in a timely manner

100% of scheduled maintenance completed in a timely manner

Government Surveillance Officer will assess compliance with reviews completed monthly

Contractor to maintain close liaison and good communication with the Government

Any problem or questions encountered by either party are addressed within 24 hours

Government will assess compliance through coordination between the Government Surveillance Officer

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

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

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

10. CONTRACTOR FURNISHED ITEMS AND SERVICES

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

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

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

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

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

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

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

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

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

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

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

10.3.4. Repairs. Contractor shall provide all repair services. Repairs not covered by a Police Report or considered normal wear and tear by the Contracting Officer will be payable by the Government at the actual repair cost as approved by the Contracting Officer.

11. GOVERNMENT REPRESENTATIVE

11.1. Contracting Officer (KO): TO BE PROVIDED UPON AWARD

11.2. Contracting Officer Representative (COR):

Technical POC: TO BE PROVIDED UPON AWARD

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

12. ADDITIONAL CONSIDERATIONS

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

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

Representative of the specific time and date of Forklift delivery.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months

A00 SWINGMAST FORKLIFT RENTAL - TG

FFP

A00 Multi-Purpose Swing-Mast FORKLIFT RENTAL - TG Rental of (3) three battery powered 3k or 4k, Multi-Purpose Forklift Swing/Pivot Mast Forklift, Solid Tires Monthly Rate: $_______ Weekly Rate: $_______ Daily Rate: $_______ ***Note: One month= 30 Days

FOB: Destination

MILSTRIP: N4215821RC10660

PURCHASE REQUEST NUMBER: N4215821RC10660

PSC CD: W039

NET AMT

1001 12 Months

OPTION A00 SWINGMAST FORKLIFT RENTAL - TG

FFP

A00 Multi-Purpose Swing-Mast FORKLIFT RENTAL - TG Rental of (3) three battery powered 3k or 4k, Multi-Purpose Forklift Swing/Pivot Mast Forklift, Solid Tires Monthly Rate: $_______ Weekly Rate: $_______ Daily Rate: $_______ ***Note: One month= 30 Days

FOB: Destination

MILSTRIP: N4215821RC10660

1002 12 Months

OPTION A00 SWINGMAST FORKLIFT RENTAL - TG

FFP

A00 Multi-Purpose Swing-Mast FORKLIFT RENTAL - TG Rental of (3) three battery powered 3k or 4k, Multi-Purpose Forklift Swing/Pivot Mast Forklift, Solid Tires Monthly Rate: $_______ Weekly Rate: $_______ Daily Rate: $_______ ***Note: One month= 30 Days

FOB: Destination

MILSTRIP: N4215821RC10660

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 1001 Destination Government Destination Government 1002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-SEP-2021 TO

31-AUG-2022

N/A N/A

FOB: Destination

1001 POP 01-SEP-2022 TO

31-AUG-2023

1002 POP 01-SEP-2023 TO

30-AUG-2024

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-2 Security Requirements MAR 2021 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-22 Alternative Line Item Proposal JAN 2017 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

JUN 2020

52.212-1 Instructions to Offerors--Commercial Items JUN 2020 52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.217-5 Evaluation Of Options JUL 1990 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015

52.222-26 Equal Opportunity SEP 2016 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-50 Combating Trafficking in Persons OCT 2020 52.222-54 Employment Eligibility Verification OCT 2015 52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.229-11 Tax on Certain Foreign Procurements--Notice and Representation

JUN 2020

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

OCT 2018

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

Subcontractors

DEC 2013

52.233-2 Service Of Protest SEP 2006 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination NOV 1991 252.201-7000 Contracting Officer's Representative DEC 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 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

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

MAY 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2021

252.211-7003 Item Unique Identification and Valuation MAR 2016 252.213-7000 Notice to Prospective Suppliers on Use of Supplier

Performance Risk System in Past Performance Evaluations

SEP 2019

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.246-7007 Contractor Counterfeit Electronic Part Detection and

Avoidance System

AUG 2016

252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

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.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (FEB 2021)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

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

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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.

"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).

“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.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Reasonable inquiry” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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"--

(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 size standards in this solicitation.

(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.

“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.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“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 stock of which 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 its stock is owned by one or more women; or

(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.

(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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations 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(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) 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 will 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.

(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.

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

(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone 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--

(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 (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture.