SF 1149 HQ003424R0366 F3_Pump.pdf

SEE ADDENDUM

(No Collect Calls)

HQ003424R0366 26-Jul-2024

b. TELEPHONE NUMBER

571-421-7337

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 07 Aug 2024

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.

HQ00349. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

NICOLE A. SAVOY

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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 OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

WHS - ACQUISITION DIRECTORATE

4800 MARK CENTER DRIVE, SUITE 09F09

ALEXANDRIA VA 22350-0002

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 HQ0700 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

RAVEN ROCK MOUNTAIN COMPLEX

COREY WALSH

9200 AMBER DRIVE

FORT DETRICK MD 21702

TEL: 717-878-4631 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

325998

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)

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.

HQ003424R0366

Section SF 1449 - CONTINUATION SHEET

STATEMENT OF WORK

26 July 2024

STATEMENT OF WORK

WASHINGTON HEADQUARTERS SERVICES (WHS)

FIRE EXTINGUISHING AGENT, FLUORINE-FREE FOAM (F3) LIQUID CONCENTRATE,

FOR LAND-BASED, FRESH WATER APPLICATIONS

1) SCOPE

To replace previously approved legacy Fluorinated Aqueous Film Forming Foam (AFFF) currently utilized by Raven Rock Mountain Complex with non-fluorinated foams, Fluorine-Free Foam (F3), that at the time of contract award, qualified for inclusion in Defense Logistics Agency (DLA) Qualified Products List (QPL) No. 32725.

2) QUANTITIES

a. The Contractor shall provide a total quantity of 800-gallons of F3 foam utilizing a combination of 265-gallon totes, 55-gallon drums, and 5-gallon pails in the following quantities.

1. 200-gallons will be provided in 5-gallon pails.

2. The remaining 600-gallons should be in the greatest capacity available by the manufacturer.

3) ADDITIONAL EQUIPMENT

a. The Contractor shall provide adequately powered electric pump capable of pumping F3 foam concentration vertically to a height of 12 feet 6 inches (12’6”) and with a horizontal length of 5 feet (5’).

i. This is to allow for top filling of foam concentrate from the ground to prevent accidents or injuries associated when lifting containers to the roof of the apparatus.

ii. Pump shall include storage container as to allow for a contamination free storage environment while awaiting usage.

4) DELIVERY

a. Delivery shall include all cost associated with standard shipping, expedited shipping, packaging, hazmat fee, or freight handling to the below address:

i. Raven Rock Mountain Complex, Fire and Emergency Services 9200 Amber Drive, Fort Detrick, MD 21702.

ii. Point of Contact: Corey Walsh, Captain/Lead Firefighter, RRMC Fire Emergency Services. Email: Corey.P.Walsh.civ@army.mil Phone: 717-878-3473

b. Desired delivery within 45 days of award but no later than 60 days of award.

c. Packing: The Contractor shall provide product protection to minimize the risk of damages using packaging/wrapping methods suitable for multimodal transport. The Contractor shall provide an electronic list of contents of each shipment five days prior to mailto:Corey.P.Walsh.civ@army.mil delivery to the RRMC POC. This is to include all Safety Data Sheets or SDS, for all products being shipped. The driver shall provide packing slips itemizing the contents of each load for use by the Government

d. Damage: Any damage to products or Government property as a result of an accident, neglect, misuse, or abuse on the part of the Contractor will be the responsibility of the Primary Contractor and shall be replaced at no additional cost to the Government

e. Acceptance: A quality inspection shall be conducted by the RRMC POC or other RRMC

Government staff of all items prior to acceptance. The contract shall be satisfied when all ordered items have been received without damage to the delivery location.

5) CLASSIFICATION: This requirement is CONTROLLED UNCLASSIFIED INFORMATION

(CUI).

52.212-1 INSTRUCTIONS ADDENDUM

FAR 52.212-1 Instructions to Offerors – Commercial Items ADDENDUM

1. GENERAL

a) This requirement will be competed as a100% Small Business Set Aside pursuant Federal Acquisition Regulation (FAR) 19.502-2 - Total small business set-asides, on the “Open Market”, through SAM.gov. The relevant North American Industry Classification System (NAICS) code is 325998 – All Other Miscellaneous Chemical Product and Preparation Manufacturing and the size standard is 650 employees. The Product Service Code (PSC) is 4210 – Fire Fighting Equipment.

b) Offeror must comply with the following instructions for the quote format and content.

Quotes that do not comply with these instructions may be considered not technically acceptable and may render the Offeror ineligible for award. The Government may waive informalities and minor irregularities in quotes received. Quotes must be clear, coherent, and prepared in sufficient detail for effective evaluation of the Offeror’s quote against the evaluation criteria. The documentation shall address all aspects of this solicitation and include the Offeror’s approach to performing and satisfying the requirements specified in the Statement of Work (SOW). The Government intends to award without exchanges but reserves the right to conduct exchanges if determined to be in the Government’s best interest. If exchanges are held the Government may establish a competitive range for efficiency purposes.

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

Factor 1 – Technical/Schedule Factor 2 – Price

• The relative importance of each factor is in descending order of importance.

See 52.212-2 Evaluation Addendum for details.

2. SUBMISSIONS

a) Questions/Clarifications: Offeror shall submit questions in writing, regarding the SOW and the terms and conditions of this solicitation by email. Questions shall be emailed before/by THURSDAY, AUGUST 1, 2024 at 4:00 PM (Eastern Time). Telephone inquiries will not be entertained.

• Offeror shall affix the following as the email’s subject line: HQ003424R0366 Fluorine-Free Foam (F3) & Pump Questions

• The email shall include the specific section and page number of the solicitation and any attachments from where the question is derived in the body of the email to: Nicole Savoy, Contracting Officer: nicole.a.savoy.civ@mail.mil

b) Quote: Offerors must submit an electronic copy of their quote in accordance with (IAW) the following volumes:

Volume I: Administrative Volume II: Factor 1 – Technical/Schedule Volume III: Factor 2 – Price

• The quote shall be emailed no later than the date and time on the cover page of the solicitation (page 1, block 8) to: Nicole Savoy, Contracting Officer: nicole.a.savoy.civ@mail.mil

• Offeror shall affix the following as the email’s subject line: HQ003424R0366 Fluorine-Free Foam (F3) & Pump Quote

c) Restrictions: Electronic transmission to a Government system is not instantaneous and delays in transmission often occur. The Government takes no responsibility for any delays in your electronic transmissions. The Government also takes no responsibility for any submissions not received due to technical, systemic, or server issues. Any quote received after the exact time specified for receipts shall be treated as a late submission. The quote volumes shall be submitted as attachments in the email. There is a 10MB limit for all electronic submissions per email. All email submissions MUST be before/by the indicated due date indicated on page 1, block 8 of the solicitation (SF1449). Text and graphics portions of the electronic copies shall be in a format readable by Adobe (PDF), MS Word, and/or MS Excel. All quote submissions to the solicitation shall be in separate volumes corresponding to the evaluation factors identified in the Quote Content (below).

*****NOTE: The date and time of the complete electronic copies received shall be considered the OFFICIAL ON-TIME RECEIPT. Electronic copies received after the due date and time shall be considered untimely and shall render the entire quote ineligible for award. *****

3) QUOTE CONTENT

• Offeror shall use standard 8 ½ x 11” size paper with, at minimum, 3/4” margins on all sides. The entire written submission shall use Times New Roman or other plain font that is easily decipherable and, at minimum, a 11 point font size for text and a 10 point font size for tables and graphics. All pages shall include page numbering and shall be submitted in Microsoft Word or Adobe PDF. The Price Quote Template – Attachment B, shall be submitted in MS Excel.

• The Government will not pay any expenses incurred by any Offeror for the preparation and submission of a quote in response to this RFQ. Offeror is cautioned to ensure that their quote submission is complete, address all requirements, is reflective of the evaluation factors, and is submitted on the most favorable terms to reflect their best offer. Offeror is strongly mailto:nicole.a.savoy.civ@mail.mil mailto:nicole.a.savoy.civ@mail.mil encouraged to be succinct, clear, and concise in writing their quote. Bullet-sized or outline formats are welcomed where appropriate.

• Quotes that do not comply with this solicitation’s instructions regarding specified margin, font, or total page limits will not be evaluated.

a) VOLUME I ADMIN: The following introductory information (letter format is acceptable) is required.

• Page Limit: 1 Page maximum

(a) RFQ HQ003424R0366 FLUORINE-FREE FOAM (F3) & PUMP

(b) Company Name and Address

(c) Name, telephone number & email address of main point-of-contact

(d) Name, title, and signature of representative authorized to negotiate and sign on behalf of the Offeror

(e) Date of submission;

(f) CAGE & UEI number

(g) General Service administration (GSA) contract number and schedule (if applicable)

(h) Signed SF 1149 (No Page Limit)

b) VOLUME II – TECHNICAL/SCHEDULE:

• Page limit: 4 pages maximum

• Within the technical volume, the Offeror shall demonstrate how its approach complies with the requirements stated in the Statement of Work – Attachment A.

• Offeror shall indicate if items have longer lead times and how they plan to expedite these items, mitigate delays in the estimated expedited dates, and any workaround schedules or options.

• Offeror shall clearly identify what items have shorter lead times.

c) VOLUME III – PRICE:

• Page limit: 2 pages maximum

• The Offeror shall provide a firm fixed price. The pricing volume shall be submitted as a separate document and shall include a completed Price Quote Template – Attachment B.

• The pricing volume shall reflect a clear understanding of the SOW.

• If applicable, all products proposed must be authorized under its GSA Schedule.

No adjectival ratings will be used to evaluate price.

52.212-2 EVALUATION ADDENDUM

FAR 52.212-2 Evaluation – Commercial Items ADDENDUM

1. BASIS FOR AWARD:

a) This requirement will be competed as a100% Small Business Set Aside pursuant Federal Acquisition Regulation (FAR) 19.502-2 - Total small business set-asides, on the “Open Market”, through SAM.gov.

b) The Government will make a Firm Fixed-Price single award to the responsible Contractor whose offer conforms to the solicitation and is determined to be the best value to the Government, Technical/Schedule and Price considered. The Government reserves the right to reject all quotes or to make an award to other than the lowest priced quote and waive informalities and minor irregularities in quotes received. The Government also reserves the right to award a contract based upon initial quote. Therefore, the Offeror’s initial quote should contain the best terms from a price and technical standpoint.

c) The Government intends to award without discussions but reserves the right to conduct discussions if determined to be in the Government’s best interest.

2. EVALUATION METHODOLOGY:

a) The Government will award a contract resulting from this solicitation to the responsible Offeror whose offer, conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. The Government will use the subjective tradeoff process to determine the best value offer.

b) Factors: The evaluation will be based on a complete assessment of the Offeror’s proposal against the following evaluation factors:

Factor 1 – Technical/Schedule

The Technical/Schedule factor is more important than the Price factor.

3. EVALUATION CRITERIA:

Factor 1 – Technical/Schedule

The Government will evaluate:

(a) how well the proposed technical approach demonstrates an overall understanding of the requirements stated in the Statement of Work – Attachment A.

(b) the Offerors plan to expedite longer lead time items, mitigate delays in the estimated expedited dates and ability to provide workaround schedules or options.

(c) the Offerors ability to identify and provide items that have shorter lead times.

Offerors will be given a combined technical/risk rating. This method includes consideration of risk in conjunction with the strengths, weaknesses, and deficiencies identified in the Offerors Technical/Schedule volume. The adjectival rating will be assigned in accordance with the following descriptions:

Technical Rating Method

Adjectival Rating

Description

Outstanding Quote demonstrates an exceptional approach and understanding of the requirements and contains multiple strengths and/or at least one significant strength, and risk of unsuccessful performance is low.

Acceptable Quote meets requirements and indicates an adequate approach and understanding of the requirements, and risk of unsuccessful performance is no worse than moderate.

Unacceptable Quote does not meet requirements of the solicitation and, thus, contains one or more deficiencies and is unawardable, and/or risk of performance is unacceptably high.

(a) Prices will be evaluated for fairness and reasonableness. Price analysis will be performed to determine the reasonableness of the offeror’s price quote. Reasonableness may be based on one or more of the price analysis techniques in FAR 15.404-1 and FAR 8.405, including, but not limited to, comparison to the Independent Government Estimate (IGCE), comparison to other offers, and/or comparisons to commercial prices. Normally, price reasonableness is established through adequate price competition, but may also be determined through price analysis techniques as described in FAR 15.404-1(b). Price will not be rated adjectivally.

(b) The Offeror’s proposed technical approach must be consistent with the price quote. As part of the price evaluation, quotes may be reviewed to identify any significant unbalanced pricing including unbalancing in the Schedule of Prices, if applicable. In accordance with FAR 15.404-1(g), Unbalanced Pricing, a quote may be rejected if the Contracting Officer determines the lack of balance poses an unacceptable risk to the Government.

NOTICE OF AWARD:

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

ATTACHMENT LIST

A. Statement of Work (SOW) B. Price Template C. Brand-Name Justification and Approval D. Non-Disclosure Agreement and Conflict of Interest Certification

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Fluorine-Free Foam (F3)

FFP

The Contractor shall deliver Non-fluorinated foams, Fluorine-Free Foam (F3) liquid concentrate, for land-based, freshwater applications FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Each Electric Pump for F3

FFP

Contractor shall provide an adequately powered electric pump capable of pumping F3 foam concentration vertically to a height of 12 feet 6 inches (12’6”) and with a horizontal length of 5 feet (5’)

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 16-AUG-2024 TO

15-AUG-2026

N/A RAVEN ROCK MOUNTAIN COMPLEX

COREY WALSH

9200 AMBER DRIVE

FORT DETRICK MD 21702

717-878-4631

HQ0700

0002 POP 16-AUG-2024 TO

15-AUG-2026

N/A (SAME AS PREVIOUS LOCATION)

HQ0700

CLAUSES INCORPORATED BY REFERENCE

52.201-1 Acquisition 360: Voluntary Survey SEP 2023 52.204-7 System for Award Management OCT 2018 52.204-8 Annual Representations and Certifications MAY 2024 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.204-28 Federal Acquisition Supply Chain Security Act Orders--

Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts.

DEC 2023

52.204-29 Federal Acquisition Supply Chain Security Act Orders-- Representation and Disclosures.

DEC 2023

52.204-30 Federal Acquisition Supply Chain Security Act Orders-- Prohibition.

DEC 2023

52.204-30 Alt I Federal Acquisition Supply Chain Security Act Orders-- Prohibition (DEC 2023) Alternate I

DEC 2023

52.204-30 Alt II Federal Acquisition Supply Chain Security Act Orders-- Prohibition (DEC 2023) Alternate II

DEC 2023

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.212-4 Contract Terms and Conditions--Commercial Products and

Commercial Services

NOV 2023

52.212-5 (Dev) Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services (Deviation 2023-O0008)

MAY 2024

52.215-23 Limitations on Pass-Through Charges JUN 2020 52.219-31 Notice of Small Business Reserve MAR 2020 52.219-32 Orders Issued Directly Under Small Business Reserves MAR 2020 52.219-33 Nonmanufacturer Rule SEP 2021 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-23 Sustainable Products and Services. MAY 2024 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-12 Tax on Certain Foreign Procurements FEB 2021 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-36 Payment by Third Party MAY 2014 252.204-7012 (Dev) Safeguarding Covered Defense Information and Cyber

Incident Reporting (DEVIATION 2024-O0013)

MAY 2024

252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation

DEC 2019

252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation

MAY 2021

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

JAN 2023

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7022 Expediting Contract Closeout MAY 2021 252.215-7015 Program Should-Cost Review NOV 2019 252.215-7998 (Dev) Pilot Program to Accelerate Contracting and Pricing

Processes. (DEVIATION 2024-O0007)

FEB 2024

252.219-7000 Advancing Small Business Growth JUN 2023

252.225-7013 Duty-Free Entry--Basic NOV 2023 252.225-7048 Export-Controlled Items JUN 2013 252.225-7051 Prohibition on Acquisition of Certain Foreign Commercial

Satellite Services.

DEC 2022

252.225-7053 Representation Regarding Prohibition on Use of Certain Energy Sourced from Inside the Russian Federation

AUG 2021

252.225-7054 Prohibition on Use of Certain Energy Sourced from Inside the Russian Federation

JAN 2023

252.225-7055 Representation Regarding Business Operations with the Maduro Regime

MAY 2022

252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime

JAN 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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 Products and Commercial Services. 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)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (OCT

2020)

(a) Definitions. As used in this provision, “covered telecommunications equipment or services” and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) 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”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [ ___ ] 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.

(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 any equipment, system, or service that uses covered telecommunications equipment or services.

https://www.sam.gov/

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.

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEVIATION 2024-O0002) (MAY 2024)

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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. 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 (SDVOSB) concern means a small business concern-- (1)(i) Not less than 51 percent of which is owned and controlled 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; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definition, 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), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs' Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program means an SDVOSB concern that--

(1) Effective January 1, 2024, is designated in the System for Award Management (SAM) as certified by the Small Business Administration (SBA) in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, 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 and controlled 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 its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

Women-owned small business concern means a small business concern—

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

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

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(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 Products and Commercial Services, 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 is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that—

(i) It [ ___ ] is, [ ___ ] is not a small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(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) SDVOSB 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 that it [ ___ ] is, [ ___ ] is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __ .]

(5) 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 124.1001.

(6) 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.

(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.

(9) 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.

(10) 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:

(11) 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,…