SF 1449 - N4215825Q0019_SAM.pdf

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Service Contract for Liebherr Crane Fleet_NNSY
Solicitation number
N4215825RC50786
Issued by

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This is a Solicitation/Contract for Commercial Products and Services (Standard Form 1449) issued by Norfolk Naval Shipyard for a Liebherr Service Contract to repair and maintain the shipyard's Liebherr crane fleet. The contract is a Women-Owned Small Business (WOSB) set-aside with a base year and four 12-month option years, with a North American Industry Classification System (NAICS) code of 811310 and a size standard to be determined.

The Performance Work Statement (PWS) requires the contractor to provide Original Equipment Manufacturer (OEM) certified technicians to perform repair and life cycle maintenance on-site, utilizing only OEM parts or authorized substitutions. Key requirements include providing maintenance training, responding to non-emergency repairs within 48 hours and emergency repairs within 24 hours, maintaining safety protocols, and submitting detailed service completion reports. The evaluation will use a Best Value Trade-Off method, considering technical capability (comprehension of requirements, training capabilities, and technical support), past performance with industrial or shipyard cranes, and pricing. The solicitation number is N4215825Q0019, with an offer due date of 24 Sep 2025 at 06:00 AM.

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NNSY Liebherr Crane Service - PWS2.docx DOCX document

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WOMEN-OWNED SMALL

BUSINESS (WOSB)

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NUMBER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

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

BELOW IS CHECKED

REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

SEE ADDENDUM

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH

AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND

ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS

SPECIFIED

29. AWARD OF CONTRACT: REFERENCE OFFER

DATED . . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITION IS UNRESTRICTED OR

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

SIZE STANDARD:

13a. THIS CONTRACT IS A

RATED ORDER UNDER

THE DEFENSE PRIORITIES

AND ALLOCATIONS

SYSTEM - DPAS (15 CFR 700)

SET ASIDE: % FOR:

11. DELIVERY FOR FREE ON

BOARD (FOB) DESTINATION

UNLESS BLOCK IS MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

8(A)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.

Solicitation/Contract Form Continuation

Liebherr Service Contract

PERFORMANCE OF WORK STATEMENT (PWS)

1.1 Introduction. The requiring activity is Norfolk Naval Shipyard (NNSY), Portsmouth, Virginia. NNSY Lifting & Handling Department (L&HD) requires a service contract for repair and maintenance of the NNSY Liebherr crane fleet.

1.2 Scope. The contractor shall provide all Original Equipment Manufacturer (OEM) certified technicians, transportation, equipment, tools, materials, supervision, technical expertise, and OEM engineering support to repair or perform life cycle maintenance on site when required by the L&HD. The contractor shall utilize only OEM parts or authorized part substitutions. Contractor work performance shall encompass troubleshooting and evaluating, diagnosing, and resolving mobile crane issues that result in malfunction, or shutdown of a mobile crane in the NNSY Liebherr crane fleet.

Training from OEM qualified technicians will be provided as requested. The training will be both operational and maintenance based. Operational training will include controls, basic operations, start-up procedures (operations checks), handling of counterweights, and employment of swing-away. Maintenance training will include troubleshooting, hydraulics, electrical, boom maintenance, track maintenance, engine specs, safeties and sensors.

2. APPLICABLE DOCUMENTS

2.1 Reference(s)

2.1.1 Contractor applicable OEM mobile crane maintenance and service manuals

2.1.2 Contractor applicable OEM specification drawings, documents, bulletins and publications

2.1.3 Government Weight Handling Program Management, NAVFAC P-307

2.1.4 Liebherr's General Terms and Conditions of Sales and Service (incorporated herein as "GTC")

3. REQUIREMENTS

3.1 Safety and Personnel Protective Equipment (PPE)

3.1.1 Personal Protective Equipment (PPE). The contractor is responsible for providing all their employees with PPE and ensuring they utilize PPE while on NNSY property. All personnel will follow site requirements for wearing PPE at all times while in a posted area. Mandatory PPE includes a hard hat, safety glasses with side shields, steel-toed safety shoes, and hearing protection on their person in case it is needed. In addition, all personnel shall wear any additional PPE as appropriate to control hazards of the work being performed (examples: life vests, personal fall arrest systems).

3.1.2 Fall Protection. The Contractor shall provide and utilize proper guarding around every open-sided platform and work surface edge or shall use other means of fall protection to include a fall protection safety harness and lanyard, fall restraint system, safety nets, or other appropriate protection against fall hazards meeting the requirements of 29 CFR 1910, 29 CFR 1915, and 29 CFR 1926.

3.1.3 Spill Contingency and Control. The Contractor shall notify the shipyard Fire Division at 757-396-3333 immediately upon discovery of any spill discharge, regardless if Contractor generated or by another source. Notification shall identify when spills/discharges are Contractor caused. The Contractor shall cleanup all spills and discharges caused by any of its work operations. The Contractor shall maintain cleanup capability commensurate with the spill potential of its work operations.

3.1.4 Job Site Cleanliness. A "clean-as-you-go" work methodology for contractor work shall be used to maintain a level of cleanliness that will not cause a work environment to be unsafe. The level of cleanliness expected at NNSY is as follows:

Surface shall be visually free of grease, oil, flux, scale, dirt, loose particles and any other contamination foreign to the base metal. Tap water residues on all metals and light superficial rust on carbon steel surfaces, caused by short-term exposure to the atmosphere, are permitted. Light dust on cleaned surfaces is not objectionable, if the quantity and size of the particle does not adversely affect system operations.

N4215825Q0019

3.1.6 Contractors are prohibited from bringing onto federal property the following items: Restricted Items.

- All forms of alcohol and illegal drugs.

- Shotguns, handguns, machineguns, firearm silencers, ammunition of any type, blasting caps or similar items of explosive material (i.e. fireworks), starter or flare pistols, pellet or BB guns, dynamite, teargas and their dispensing devices, and other similar devices.

- Any blades in excess of four inches, and other that can be used as a weapon. weapons

- Smoking is only permitted in designated areas.

3.2 Defense Biometric Identification System, (DBIDS) and NAVSEA Badging

- Contractor will complete the SECNAV 5512 form(s) and forward them to their NNSY sponsor/Contracting Officer's Representative (COR).

- The sponsor will complete the CVS spreadsheet utilizing the information the information on the completed SECNAV5512 forms and forward all documents to Commander Navy region Mid-Atlantic (CNRMA) for vetting.

- CNRMA will add the contractor to the "179-day List" which is utilized by the Pass and ID office to create the DBIDS card.

- Once on the 179-Day List, the contractor may go to Pass and ID to have their DBIDS card generated.

- Present following forms of valid identification: Real ID or driver's license, birth certificate and social security card (all three) or passport.

- Green NAVSEA access badges can be generated at this point with contractors providing proof of U.S.

Citizenship (Birth Certificate/ US Passport).

- Present a completed copy of the SECNAV 5512/1 form.

3.2.1 Portable Electronic Device (PED). A PED is defined as any non-stationary electronic apparatus with singular or multiple capabilities of, but not limited to recording, storing, and/or transmitting data, voice, video, or photo images. (eg. c ell phones, laptops, tablets and wearable devices such as fitness bands and smart watches).

NAVSEA 04 Ser 04/281 IMPLEMENTATION PLAN FOR ALLOWING CAMERA-PORTABLE

ELECTRONIC DEVICES WITHIN THE CONTROLLED INDUSTRIAL AREA.

NAVSEAINST 2200.1A PORTABLE ELECTRONIC DEVICES POLICY

SECPROMAN Vol 5510.36 Rev E

In accordance with ref (a), personally owned camera PEDs will be authorized inside of the Controlled Industrial Area (CIA) and all Security Islands. Camera enabled PEDs will remain unauthorized within Controlled Nuclear Information Areas (CNIAs), Nuclear Works Areas (NWAs) and Open Storage Areas.

All PEDs, camera enabled or not, are still prohibited within NWAs and Open Storage Areas.

The allowance of camera enabled PEDs inside of the CIA and Security Islands does not negate existing photography policies.

Unofficial photography, filming of video, or live streaming from the camera-enabled PED remains prohibited within the CIA or any NAVSEA controlled space outside of the CIA. Further, audio recordings (both digitally or magnetically) in NAVSEA spaces is prohibited without the approval of the Code 1120 Security Director

3.2.2 Computer Access. For any laptop or tablet computer required for performance of this statement of work, NNSY information security must approve admission of the computer to the shipyard. The request shall contain the following information:

1. Purpose of IT request

2. Location of use

3. Name of user

4. Type (Laptop, tablet, etc.)

5. Make, model, item and Ser #)

6. How equipment is being delivered

7. No camera

3.3. General Work Specifications

3.3.1 Services. The contractor shall provide all OEM certified technicians, transportation, equipment, tools, materials, supervision, technical expertise, and OEM engineering support to repair or perform life cycle maintenance on site when required by the L&HD. The contractor shall utilize only OEM parts or authorized part substitutions. Contractor work performance shall encompass troubleshooting and evaluating, diagnosing and resolving mobile crane issues that result in malfunction or shut down of a mobile crane in the NNSY Liebherr crane fleet.

3.3.2 Contractor workmanship. Contractor workmanship shall provide a standard of quality consistent with that of OEM specifications and government high quality expectations. The contractor shall perform work in accordance with latest OEM publications cited in reference 2.1.

3.3.3 Contractor notification. The contractor shall perform repairs or maintenance to a mobile crane upon notification that the mobile crane is malfunctioning or inoperative. Upon receiving notice from the L&HD Contracting Officer Representative (COR) that an emergent service is required (see section 3.3.4), the contractor shall troubleshoot the emergent condition

The contractor shall then provide an estimate for the providing service only to restore the mobile crane to a safe condition.

emergent service and any additional service required to make the crane operate under normal conditions.

3.3.4 Response time. For repair requests or maintenance requests, the contractor shall respond on site within non-emergent 48 hours after notification from the Contracting Officer. For emergent repair requests, the contractor shall make every effort

Emergent repair requests are deemed as conditionsto respond on site within 24 hours after notification from the L&HD COR.

that jeopardize the safety of the equipment (may result in substantial damage or equipment failure) or safety of personnel (may result in injury or death).

3.3.5 Reports. The contractor shall submit one legible copy, in electronic media (i.e., a Microsoft Word document, PDF), a service completion report for repairs completed, maintenance performed, or training provided. The service completion report shall include crane conditions noted, components repaired, parts replaced with part numbers, and the labor cost with labor man-hours used to restore the mobile crane to a fully operational condition. This report must be submitted within three business days to the L&HD COR.

3.3.6 Parts warranty. All parts used in mobile crane repair or maintenance shall carry the standard commercial warranty from the time of installation (This PWS does not include any labor, parts, or service support performed during the standard warranty period of the equipment unless explicitly agreed to in writing. All warranty-related work must follow Liebherr's warranty process as agreed under the sales contract and Liebherr's GTC.

3.4 Quality Assurance

3.4.1 Quality provision. Mobile cranes shall be operational after completion of each contractor service call (repair or maintenance). Prior to leaving the site, the contractor will demonstrate or assist the Government personnel in demonstrating to the COR or designated representative that the serviced mobile crane is operating correctly.

3.4.2 Contractor evaluation. The Government shall evaluate the contractor's performance under this contract using the below contractor review standards.

- Timeliness (does the contractor arrive on time)

- Performance (is the service performed in a reasonable amount of time)

- Cleanliness (does the contractor perform clean-as-you-go)

- Parts (is OEM parts available and used for repairs and maintenance)

- Warranty (is warranty requests honored and completed in a timely manner)

- Reports (are reports complete and submitted on time)

3.4.3 Disputes. Any disputes between the L&HD COR or designated representative and the contractor technician regarding contractor performance will be immediately referred to the Contracting Officer.

3.4.4 Repair vs replacement. The contractor shall notify the L&HD COR if it is determined that repair of a crane component or part exceeds the replacement cost of component or part. The contractor shall not be expected to perform the repair costs if the repair cost exceeds the replacement cost.

4. ACCEPTANCE CRITERIA

4.1 The contractor shall notify the government representatives upon completion of task completed. Contractor to have all documentation regarding the repairs accomplished and provide acceptance/reject criteria for any test to be accomplished. The government reserves the right to accept or reject the repairs accomplished. If work is incomplete or complete with discrepancies, supporting rationale and a corrective action plan must be provided to the government via submission of one legible hard copy or approved transferrable media. Upon completion of work or correction of discrepancies a follow up inspection shall occur for acceptance of work completed

5. DELIVERABLES

5.1 Contractor deliverables. The contractor shall submit the following documents to the government representative points of contact listed in section 7.

5.1.1 Service completion report (see section 3.3.5)

6. PERIOD OF PERFORMANCE (POP)

6.1 The contract POP shall be one base year of 12 months from the date of award and four 12-month option years. The POP reads as follows:

6.1.1 Option year one

6.1.2 Option year two

6.1.3 Option year three

6.1.4 Option year four

Continuation of Supplies or Services and Prices/Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price Amount

This contract will ensure reliability for the C700 Liebherr crane fleet.

Pricing Arrangement: Firm Fixed Price

1 Years

Option Line Item

This contract will ensure reliability for the C700 Liebherr crane fleet.

Pricing Arrangement: Firm Fixed Price

1 Years

Option Line Item

This contract will ensure reliability for the C700 Liebherr crane fleet.

Pricing Arrangement: Firm Fixed Price

1 Years

Option Line Item

This contract will ensure reliability for the C700 Liebherr crane fleet.

Pricing Arrangement: Firm Fixed Price

1 Years

Option Line Item

This contract will ensure reliability for the C700 Liebherr crane fleet.

Pricing Arrangement: Firm Fixed Price

1 Years

Continuation of Description

Requirements Repair and maintenance of the NNSY Liebherr Crane Fleet

Continuation of Packaging and Marking

Continuation of Inspection and Acceptance

Overall Contract Inspection/Acceptance Locations

Acceptance Location

Acceptance Destination Instructions: none

DoDAAC: N42158 CountryCode: USA

NORFOLK NAVAL SHIPYARD GF

1 NORFOLK NAVAL SHIPYARD, BUILDING 276

PORTSMOUTH, VA 23709-1001

UNITED STATES

Eugene Fenner, CS Telephone: (757) 555-5555

Inspection Location

Inspection Destination Instructions: none

DoDAAC: N42158 CountryCode: USA

NORFOLK NAVAL SHIPYARD GF

1 NORFOLK NAVAL SHIPYARD, BUILDING 276

PORTSMOUTH, VA 23709-1001

UNITED STATES

Eugene Fenner, CS Telephone: (757) 555-5555

Option Line Item

Acceptance Location

Acceptance Destination Instructions: none

DoDAAC: N42158 CountryCode: USA

NORFOLK NAVAL SHIPYARD GF

1 NORFOLK NAVAL SHIPYARD, BUILDING 276

PORTSMOUTH, VA 23709-1001

UNITED STATES

Eugene Fenner, CS Telephone: (757) 555-5555

Inspection Location

Inspection Destination Instructions: none

DoDAAC: N42158 CountryCode: USA

NORFOLK NAVAL SHIPYARD GF

1 NORFOLK NAVAL SHIPYARD, BUILDING 276

PORTSMOUTH, VA 23709-1001

UNITED STATES

Eugene Fenner, CS Telephone: (757) 555-5555

Option Line Item

Acceptance Location

Acceptance Destination Instructions: none

DoDAAC: N42158 CountryCode: USA

NORFOLK NAVAL SHIPYARD GF

1 NORFOLK NAVAL SHIPYARD, BUILDING 276

PORTSMOUTH, VA 23709-1001

UNITED STATES

Eugene Fenner, CS Telephone: (757) 555-5555

Inspection Location

Inspection Destination Instructions: none

DoDAAC: N42158 CountryCode: USA

NORFOLK NAVAL SHIPYARD GF

1 NORFOLK NAVAL SHIPYARD, BUILDING 276

PORTSMOUTH, VA 23709-1001

UNITED STATES

Eugene Fenner, CS Telephone: (757) 555-5555

Option Line Item

Acceptance Location

Acceptance Destination Instructions: none

DoDAAC: N42158 CountryCode: USA

Inspection Location

Inspection Destination Instructions: none

DoDAAC: N42158 CountryCode: USA

NORFOLK NAVAL SHIPYARD GF

1 NORFOLK NAVAL SHIPYARD, BUILDING 276

PORTSMOUTH, VA 23709-1001

UNITED STATES

Eugene Fenner, CS Telephone: (757) 555-5555

NORFOLK NAVAL SHIPYARD GF

1 NORFOLK NAVAL SHIPYARD, BUILDING 276

PORTSMOUTH, VA 23709-1001

UNITED STATES

Eugene Fenner, CS Telephone: (757) 555-5555

Option Line Item

Acceptance Location

Acceptance Destination Instructions: none

DoDAAC: N42158 CountryCode: USA

NORFOLK NAVAL SHIPYARD GF

1 NORFOLK NAVAL SHIPYARD, BUILDING 276

PORTSMOUTH, VA 23709-1001

UNITED STATES

Eugene Fenne, CS Telephone: (757) 555-5555

Inspection Location

Inspection Destination Instructions: none

DoDAAC: N42158 CountryCode: USA

NORFOLK NAVAL SHIPYARD GF

1 NORFOLK NAVAL SHIPYARD, BUILDING 276

PORTSMOUTH, VA 23709-1001

UNITED STATES

Eugene Fenner, CS Telephone: (757)-555-5555

Continuation of Deliveries or Performance

Contractor Other

Line Item Delivery Schedule Quantity Address and POC

Period of Performance From 29 Sep 2025 To 28 Sep 2026

1 Years

Option Line Item

Period of Performance From 29 Sep 2026 To 28 Sep 2027

1 Years

Option Line Item

Period of Performance From 29 Sep 2027 To 28 Sep 2028

1 Years

Option Line Item

Period of Performance From 29 Sep 2028 To 28 Sep 2029

1 Years

Option Line Item

Period of Performance From 01 Oct 2029 To 30 Sep 2030

1 Years

Continuation of Accounting and Appropriation Data

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.

Dec 2023

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 52.204-7 System for Award Management. Nov 2024

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded

Jan 2025

52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act. Nov 2023 52.225-3 Buy American-Free Trade Agreements-Israeli Trade Act. (Alternate II) Nov 2023 Alternate II Jan 2025 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004

52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities.

Nov 2024

52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024

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

Jan 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.247-7023 Transportation of Supplies by Sea. Oct 2024 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023

FAR Clauses Incorporated by Full Text

52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures. (Dec 2023)

FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS-REPRESENTATION AND DISCLOSURES (DEC 2023)

(a) As used in this provision, Definitions. Covered article, FASCSA order, Intelligence community, National security system, Reasonable inquiry, and have the meaning provided in the clause 52.204-30, Sensitive compartmented information, Sensitive compartmented information system, Source

Federal Acquisition Supply Chain Security Act Orders-Prohibition.

(b) Contractors are prohibited from providing or using as part of the performance of the contract any covered article, or any products Prohibition.

or services produced or provided by a source, if the prohibition is set out in an applicable Federal Acquisition Supply Chain Security Act (FASCSA) order, as described in paragraph (b)(1) of FAR 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition.

.(c) Procedures

The Offeror shall search for the phrase "FASCSA order" in the System for Award Management (SAM)( for any covered (1) https://www.sam.gov) article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (b)(1) of FAR

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

(2) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM, but are effective and do apply to the solicitation and resultant contract (see FAR 4.2303(c)(2)).

(3) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(d) By submission of this offer, the offeror represents that it has conducted a reasonable inquiry, and that the offeror does not Representation.

propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (e).

(e) The purpose for this disclosure is so the Government may decide whether to issue a waiver. For any covered article, or any Disclosures.

products or services produced or provided by a source, if the covered article or the source is subject to an applicable FASCSA order, and the Offeror is unable to represent compliance, then the Offeror shall provide the following information as part of the offer:

(1) Name of the product or service provided to the Government;

(2) Name of the covered article or source subject to a FASCSA order;

(3) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Offeror;

(4) Brand;

(5) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);

(6) Item description;

(7) Reason why the applicable covered article or the product or service is being provided or used;

(f) The contracting officer will review disclosures provided in paragraph (e) to determine if any waiver Executive agency review of disclosures.

may be sought. A contracting officer may choose not to pursue a waiver for covered articles or sources otherwise subject to a FASCSA order and may instead make an award to an offeror that does not require a waiver.

(End of provision)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. (Oct 2022)

NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (OCT 2022)

Evaluation preference.(a)

Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except-(1)

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(b) . A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor Waiver of evaluation preference will be added to its offer for evaluation purposes.

Offeror elects to waive the evaluation preference.

(c) A HUBZone joint venture agrees that, in the performance of the contract, at least 40 percent of the aggregate work performed by Joint venture.

the joint venture shall be completed by the HUBZone small business parties to the joint venture. Work performed by the HUBZone small business parties to the joint venture must be more than administrative functions.

(End of clause)

52.219-28 Postaward Small Business Program Rerepresentation. (Jan 2025)

POSTAWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JAN 2025)

(a) . As used in this clause-Definitions

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

Small business concern-

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.

(2) , as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, Affiliates or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

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

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

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

(3) For long-term contracts-

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

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

(c) If the Contractor represented its status as any of the small business concerns identified at 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, for the NAICS code assigned to an order (except that paragraphs (c)(1) through (3) of this clause do not apply to an order issued under a Federal Supply Schedule contract at subpart 8.4)-

(1) Set aside exclusively for a small business concern identified at 19.000(a)(3) that is issued under an unrestricted multiple-award contract, unless the order is issued under the reserved portion of an unrestricted multiple-award contract ( e.g., an order set aside for a woman-owned small business under a multiple-award contract that is not set-aside, unless the order is issued under the reserved portion of the multiple-award contract);

(2) Issued under a multiple-award contract set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying multiple-award contract ( e.g., an order set aside for a HUBZone small business concern under a multiple-award contract that is set aside for small businesses);

(3) Issued under the part of the multiple-award contract that is set aside for small businesses that is further set aside for a specific socioeconomic category that differs from the underlying set-aside part of the multiple-award contract ( e.g., an order set aside for a WOSB concern under the part of the multiple-award contract that is partially set aside for small businesses); and

(4) When the Contracting Officer explicitly requires it for an order issued under a multiple-award contract, including for an order issued under a Federal Supply Schedule contract (see 8.405-5(b) and 19.301-2(b)(2)).

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

(e) The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a contract other than a construction or service contract, is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition-

(1) Was set aside for small business and has a value above the simplified acquisition threshold;

(2) Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; or

(3) Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by of this paragraphs (b) and (c) clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting officer in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it is, is not a small business concern under NAICS Code assigned to contract number.____ 811310

(2) [ .] The Contractor represents Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause that it is, is not, a small disadvantaged business concern as defined in .13 CFR 124.1001

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

that it is, is not a women-owned small business concern.

(4) Women-owned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity ____ identifier of each party to the joint venture: __.]

(5) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The Contractor represents that it is, is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [ The Contractor shall enter the name and unique entity identifier ____ of each party to the joint venture: __ .]

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

that it is, is not a veteran-owned small business concern.

(7) [ ] The Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.

Contractor represents that it is, is not a service-disabled veteran-owned small business concern.

(8) . The Contractor represents that it Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program is, is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [ The ____ Contractor shall enter the name and unique entity identifier of each party to the joint venture: __.]

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

that-

(i) It is, is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It is, is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)

(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [ The Contractor shall enter ____ the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

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

(End of clause)

52.219-28 Postaward Small Business Program Rerepresentation. (Alternate I) (Jan 2025) Alternate I (Mar 2020)

Alternate I . As prescribed in (c)(2), substitute the following paragraph (h)(1) for paragraph (h)(1) of the basic clause:(MAR 2020) 19.309

(h)(1) The Contractor represents its small business size status for each one of the NAICS codes assigned to this contract.

NAICS Code Small business concern (yes/no)

811310 No

[ ]Contracting Officer to insert NAICS codes.

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(a) As used in this clause- Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall- WAWF access.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports WAWF payment instructions.

in WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following document type(s): Document type.

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

Invoice 2in1

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

2-N-1

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in Document routing.

WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC N68732

Issue By DoDAAC N42158

Admin DoDAAC N42158

Inspect By DoDAAC N42158

Ship To Code N42158

Ship From Code N42158

Mark For Code N/A

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) N/A

Accept at Other DoDAAC N/A

LPO DoDAAC N42158

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Kimberly.c.hudson.civ@us.navy.mil / 757-396-2636757-396-2636 Bilikis Bramlett, bilikis.bramlett@navy.mil, 757-396-4416

(Contracting Officer: Insert applicable information or "Not applicable.")

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Addendum to 52.212-4, Contract Terms and Conditions - Commercial Products and Commercial Services

Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services

Addendum to Contract Clauses

Contract Clauses

FAR Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.223-5 Pollution Prevention and Right-to-Know Information. May 2024

DFARS Clauses Incorporated by Reference

Number Title Effective Date

Alternate/ Deviation

Variation Effective Date

252.201-7000 Contracting Officer's Representative. Dec 1991 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.204-7003 Control of Government Personnel Work Product. Apr 1992

FAR Clauses Incorporated by Full Text

52.217-9 Option to Extend the Term of the Contract. (Mar 2000)

OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within [insert the period of time within which the 60 Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days[ ] before the contract expires. The preliminary notice does not commit the 60 60days unless a different number of days is inserted Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed (months) (years).12

(End of clause)

DFARS Clauses Incorporated by Full Text

252.232-7007 Limitation of Government's Obligation. (Apr 2014)

LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)

(a) Contract line item(s) is/are incrementally funded. For this/these item(s), the sum of $ ____[Contracting Officer insert after negotiations] ____ of the total price is presently available for payment and allotted to this contract. An allotment schedule [Contracting Officer insert after negotiations] is set forth in paragraph (j) of this clause.

(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes."

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.

(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government."

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract $ ____ $ ____ $ ____

(month) (day), (year) $ ____ $ ____ $ ____

(month) (day), (year) $ ____ $ ____ $ ____

(month) (day), (year) $ ____ $ ____ $ ____

(End of clause)

Additional Regulation or Supplemental Clauses Incorporated by Full Text

G-232-H002 H002…

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