SPMYM1-22-Q-0232.pdf

SEE ADDENDUM

(No Collect Calls)

SPMYM122Q0232 31-Aug-2022

b. TELEPHONE NUMBER

757-396-8506

8. OFFER DUE DATE/LOCAL TIME

05:00 PM 09 Sep 2022

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.

SPMYM19. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

LAKEISHA M. VIOLENUSELLIS

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

N4215822013170

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

DLA MARITIME NORFOLK

SHARRIA WELLS, CODE NMAB.Q6

(757) 278-8522

PORTSMOUTH VA 23709

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-C9

CODE15. DELIVER TO CODE N42158 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

NORFOLK NAVAL SHIPYARD

NO POINT OF CONTACT (RECEIVING DEPT)

NNSY

BLDG 276

PORTSMOUTH VA 23709-5000

TEL: FAX:

FAX:

TEL: 757-396-8064 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

333996

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

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

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

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

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF72

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.

SPMYM122Q0232

Section SF 1449 - CONTINUATION SHEET

CONTACT INFORMATION

Contact Information If your company encounters problems with this purchase order/contract, including payment problems, please contact Sharria Wells at Sharria.Wells@dla.mil or by telephone at (757) 278-8522.

Pallet Requirement NOTE: Contractors (drivers) delivering material to the Norfolk Naval Shipyard must come with two forms of Identification, one being a driver license or picture ID card issued by a State. The other form required is a SSN card, birth certificate issued by a state, Native American document or US citizen card. Driver(s) will not be escorted unless they have to go into the CIA.

All items/boxes over 40 lbs under this solicitation and/or contract is required to be palletized. Delivery will not be accepted to any material that IS NOT palletized. The shipment will not be offloaded and will be returned.

Material sourced or otherwise procured from NUFLO, Inc. (Cage Code: 3BZG7) and/or Synergy Flow Systems (Cage Code: 4GP29) are prohibited to be offered, sold, exchanged, or delivered to Norfolk Naval Shipyard.

Contract Number MUST be noticeable on the outside of the package and on the packing documents.

All shipments must have either the Contact Number or the Lead JML number labeled on the outside of all boxes. If not labeled the Warehouse may at the time of delivery turn the material away at the company's cost for not being able to identify the material.

All shipments must have a label on the outside of each box, clearly providing the following information, in addition to packing slips inside the box:

Lead Document Number: N4215822013170 Contract or Purchasing Number: SPMYM122PXXXX Government Purchasing Agent’s Name and Phone Number (if known): Sharria Wells 757-278-8522 Date of Award: DD/MM/YYYY

If a label cannot be generated, the info must be clearly marked on the outside of each container.

ORDERING DATA

Ordering Data for JML#: 22013170:

*QTY-2EA Pumps, CENTRIFUGAL PUMP FIRE PACKAGES

(2) Pump Skids with controller

(2) Indicator Box

(8) 50 ft. Remote Cables

(4) 100 ft. Remote Cables

(5) Remote Cable Connectors

1) Summary: Specification for a stainless steel or bronze fresh water booster pumps and specified accessories, all mounted on a welded skid. Unit to be delivered fully assemble, wired, test, and ready for use, except as noted. The pump will be operated outdoors in a coastal marine environment. Typical system flow is zero in the warm months, except for leakage, and 2 to 20 GPM during freeze protection season. Flow quantities between 20 GPM and the full rated system flow of 226 GPM will occur during periodic tests and in the event of an emergency. Expected service life is 20 years.

2) Service

a) Each Pump should have the capacity to supply 226 GPM at 280’ TDH. With 70’ of inlet pressure.

b) System design pressure and temperature: Fluid System components shall have a rated pressure of at least 175 psig at 100 degrees Fahrenheit.

c) Environment:

i) Operated and stored in the weather

ii) Ambient temperature: 7°F to 150 °F (vendor installed heat tape shall prevent freeze damage)

iii) Ambient Pressure: Sea level atmosphere

d) User connections:

i) 460VAC (+-10%), 3 phase, 60 Hz

ii) 120VAC, 60 Hz (For heat tape only)

iii) Clean, fresh water at pump suction, 30 psig to 60 psig (varying during use).

3) Pump

a) Centrifugal, close coupled (exception: If pump can be relocated without motor realignment), direct drive. Pump body and impeller shall be stainless steel alloy 304 or 316 (alloy UNS S30400 of S31600), ASTM B 148 Nickel Aluminum Bronze (alloy UNS C95800), or ASTM B61 Leaded Tin Bronze, (alloy UNS C92200). Pump shall have ANSI B16.5 Class 150 flanged connections.

4) Motor

a) 30hp TEFC, inverter duty

b) The motor shall be rated “Severe Duty” per IEEE 841-2021

c) The motor shall meet the requirement of NEMA MG-1

d) Each Pump should have the capacity to supply 226 GPM at 280’ TDH.

e) System design pressure and temperature: Fluid System components shall have a rated pressure of at least 175 psig at 100 degrees Fahrenheit.

f) Environment

i) Operated and stored in the weather

ii) Ambient temperature 7 degrees Fahrenheit to 150 degrees Fahrenheit (vendor installed heat tape shall prevent freeze damage)

g) Use connections:

i) 460VAC (+- 10%), 3 phase, 60 Hz

ii) 120VAC, 60 Hz

iii) Clean, fresh water at pump suction, 30 psig to 60 psig (varying during use)

iv) Pumps will be operated at variable speeds

v) Pump & Motor should be close coupled

vi) Pump Skids should have two 2-1/2” Female NST Inlets and one 4” Male NST

Outlet.

vii) Inlets and Outlets should be 180 degrees apart and located toward the lower 12” of the pump skid.

viii) Pump Skids should be forklift compatible

ix) Each Pump Skid should be provided with thermostatically controlled heat tape that should energize below 38 degrees Fahrenheit.

5) Electrical Controllers

a) Pumps skids should have to option to be operated and controlled via a Variable

Frequency Drive (VFD).

b) System shall have a remote indication box/panel for each pump. Remote indication box/panel shall include an audible and visual alarm with the following minimum criteria:

i) Low pressure

ii) High pressure

iii) Power trouble (loss of power, phase reversal, and loss of phase etc.)

iv) Changes to control switch (off vs. manual)

v) Motor or controller trouble

c) Unit panel shall also include an audible and visual alarm which monitors all criteria listed in 5.b.

d) All electrical enclosures shall be NEMA 4X (Or similar). Electrical enclosures shall be stainless steel, alloy 304 (UNS S30400) or other 300 series alloy.

e) Pump controllers, indication box, and cables should be commercially available or built with commercially available parts. An accurate wiring diagram and parts list is to be provided.

f) All equipment is to be weatherproof.

g) Padlockable Service disconnect switch with current limiting fuses rated 200kAIC.

h) The electrical system shall be UL listed or bear the certification label of a third party accredited Field Evaluation Body. The system shall be designed and installed in accordance with the National Electrical Code.

i) Heat Tape: Thermostat controlled heat tape shall be installed on the system to prevent freeze damage while the system is installed, filled with water, and not experiencing flow.

The heat tape shall be energized by a NEMA 5-15, ground 120VAC plug connected to the end of the heat tape. Installation and all connections shall be in accordance with the heat tape manufacturer’s instructions. When not connected to a user supplied extension cord, the plug shall not drag on the ground or otherwise be subject to wear or abuse.

There shall be no connection between the heat tape and the other electrical components of the skid. No thermal insulation is required. All components shall be UL listed for installation in the weather, appropriate for the application, and installed in accordance with the manufacturer’s instructions but are otherwise not specified.

6) Fluid Connections

a) Pipe, tube, fittings, and other metal components in contact with the system liquid shall be constructed of stainless steel (alloy UNS 30400 or other 300 series alloy), copper, brass, or bronze. The fittings shall be domestic, constructed in accordance with NSTM standards.

b) Non-metal pipe, tube, and fittings shall not be used.

c) Connections shall be NPT, flanged, welded, or brazed (except where specific connection types are required elsewhere in this specification). Solder connections and compression connections are not allowed. Threaded pipe connections shall utilize heavy wall (e.g.

extra strong, or schedule 80 or higher) pipe.

i) NOTE: To avoid galling, stainless steel NPT threads shall NOT be mated with copper alloy NPT threads.

d) Sensors and gauges shall either be connected directly in gauge ports on the process flow path or they shall be connected via stainless steel gauge lines. Gauge lines, if used, shall slope continuously to the pipe connection, shall include a high point vent valve for draining after use, and shall be connected to the process pipe above the pipe centerline.

Gauge line routing shall include clamps to support the tubing and the route shall protect lines from damage or personnel contact during rigging, service, and movement.

7) Skid: All components mounted on a single weld-fabricated metal skid.

a) Skid Dimensions:

i) Footprint: 64” x 26” or smaller. A smaller footprint is preferred.

ii) Height: 62” or less. Height includes the swivel hoist ring.

iii) The skid arrangement and dimensions shall position the center of gravity of the assembly per the following:

b) Structure: Welded. Carbon steel galvanized per ASTM A123 or stainless steel.

c) Fully enclosed forklift slots (3” x 6” x ¼” thick, approximate outside dimensions) on all four sides. Mechanical steel square tubing is recommended for use as the four forklift slots. The forklift slots shall prevent the vertical structure of a forklift from contacting system components.

d) A single, stainless steel swivel hoist ring crane lift point above the center of gravity.

i) The swivel hoist ring and attaching structure shall provide a 3 to 1 (minimum) safety factor based on material yield strength, or 5 to 1 (minimum) based on ultimate strength.

e) Components shall be arranged, supported, and guarded to prevent mechanical damage.

f) Piping and other components shall not project beyond the edges of the skid.

8) Fasteners

a) Fasteners shall be Silicone Bronze bolts with stainless steel washers and lock nuts, except motor and pump foundation bolts shall be as noted below.

b) Motor and pump foundation bolts shall be grade 8 with 1,000 hours of salt spray resistance per ASTM B1117. Self-locking stainless steel nuts shall be installed on each bolt.

9) Approval Drawing: Prior to ordering parts or starting construction, the contractor shall submit a sketch of the proposed components, arrangements, electrical diagrams, and approximate dimensions to the Contracting Officer, and NNSY Code 269.

10) Label Plates: Shall be constructed of stainless steel with engraved, paint-filled markings or Laser engraved black print. Labels shall be installed with stainless steel fasteners at each corner. Where label plates are attached to carbon steel, a weather-stable and adhesive RTV shall be applied to the fastener holes in the steel and the back of the label immediately prior to installation of the label using mechanical fasteners. Label plates can be combined.

a) Operation Instructions: Start, Stop, Vent, and Drain

b) Electrical service requirement: Voltage, frequency, minimum circuit current rating

c) Fluid System Data: Design pressure in psig, Rated Pressure and Flow in psid, and GPM

i) NOTE: psid stands for “pounds per square inch, differential”

d) Lifting schematic showing basic profile of skid, dimensions, weight, and center of gravity

IAW RR-C-2710.

e) Date of hydrostatic test and test pressure.

f) Electric control and indication device labels: START, STOP, VFD/BYPASS, PUMP

RUN, VFD FAULT, etc.

g) Motor rotation direction.

h) Motor grease type.

i) Freeze protection instructions.

11) Vendor Testing: Prior to delivery, all settings shall be adjusted by the vendor to match the requirements of the specification. The assembly shall then be filled with fresh water, vented, and hydrostatically tested for at least 30 minutes at 225 psig. No leakage allowed. After testing, drain all water to prevent freeze damage during shipping and storage. Ship with the drain and vent valve(s) open and with the specified cap and cover installed in the inlet and outlet fittings.

12) Coatings: POWDERCOAT WITH MIL-PRF-23236D, TYPE VIII, CLASS 7, GRADE D

COLOR: SAFETY (SIGNAL) RED, NIIN 8010-LL-N03-9501.

13) Sharp Edges: The finished assembly shall have no sharp edges, burrs, or other personnel contact hazards.

14) Welding: All welding shall be performed in accordance with AWS D1.1-2020. Welders shall be qualified for the welds used per AWS D1.1-2020. Both inspection and verification shall be performed by the contractor.

15) Operator’s Manual: Regardless of the number of pumps ordered, the vendor shall deliver three paper copies of the operator’s manual in a binder, plus three electronic copies on CD or DVD. The manual shall provide complete operating instructions and parts list for each component, electrical schematic, structural drawing of the skid, arrangement drawing of the completed pump assembly, test data, copy of the lifting schematic label plate, copy of the stamped calculations for the lifting structure, and OSHA compliance report. Initial settings for all components shall be listed.

16) OSHA Requirements: The equipment installation and its component parts shall be in compliance with the applicable OSHA regulations in accordance with CFR Title 29, Chapter XVII, Part 1910 and installed in accordance with NEC/NFPA requirements. OSHA regulations Subpart “O”, Machinery and Machine Guarding paragraph 1910.212 and Subpart “S” Electrical, paragraph 1910.303 and paragraph 1910.399. After equipment delivery and installation, and prior to testing, the contractor shall provide an OSHA Compliance Report.

Failure to provide this compliance report will delay acceptance of the equipment, and could result in rejection for failure to comply with the terms of the contract. This report documents the results of all test performed, provides an assessment of the equipment performance for compliance with the contract requirements, and form a basis for recommending a safety certification. The report, test, and evaluation shall be a composite of those inspection requirements specified in the contract. The report shall be prepared in an orderly manner to clearly and accurately set forth the collected data and conclusion resulting from these inspection requirements, opinions and subjective conclusions shall be clearly identified. The report shall include, but is not limited to, the following:

a) List of all tests performed and by whom witnessed.

b) List of data used for evaluation.

c) Tabulation of all discrepancies related to specification performance requirements.

d) Description of limitations revealed by data utilized.

e) Actions taken to mitigate each discrepancy and limitation.

f) Recommendations for subsequent actions.

g) Summary conclusions.

h) Manufacturer Certification that equipment has been manufactured and installed in compliance with OSHA CFR 1910.399 (per definition of “acceptable”).

17) Fluid Schematic and Parts Description: Note: Other parts needed to meet the specification requirements shall be supplied in addition to the components shown in Figure 1:

9 9

7 8

Figure 1: Schematic shown is one possible arrangement, but not mandatory. The listed components are descriptions are mandatory, except as noted. Additional component requirements are stated in earlier paragraphs:

1. Fluid Inlet Connection: Two 2-1/2” Female NST Inlets (Connection Point)

2. UL Listed Check Valve: 4” NPT, UL312 Listed Check Valve. United Brass Works, Model 68, Threaded Check Valve or similar size, RED in color.

3. Centrifugal Pump: With Flanged Connections

4. Suction Pressure Gauge: Dial 0-300, 2-1/2” Dia., w/ 1/4” IPS MNPT, Hot & Cold P/N

GL345 or similar with shut off valve.

5. Pump Casing Drain Valve

6. Discharge Pressure Gauge: Gauges shall be identical to the Suction Pressure Gauge, (same model, part number, pressure range, and options) with shut off valve.

7. Fluid Outlet Connection: One 4” Male NST Outlet (Connection Point)

8. Dust Plug/Cap (Attached to assembly)

9. Vent ball valve or petcock.

10. Automatic Freeze Protection Valve: Set to discharge at 35 degrees F.

Configuration 1: Fire pump is connected remote indicator box.

IBFP

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 2 Each N4215822013170

FFP

FIREFIGHTING PUMP

QTY-2 EA Pumps, CENTRIFUGAL PUMP FIRE PACKAGES

(2) Pump Skids with controller

(2) Indicator Box

(8) 50 ft. Remote Cables

(4) 100 ft. Remote Cables

(5) Remote Cable Connectors

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

FOB: Destination

MILSTRIP: N4215822013170

PURCHASE REQUEST NUMBER: N4215822013170

PROJECT: YY9

PSC CD: 4210

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 30 dys. ADC 2 NORFOLK NAVAL SHIPYARD

NO POINT OF CONTACT (RECEIVING

DEPT)

NNSY

BLDG 276

PORTSMOUTH VA 23709-5000

FOB: Destination

N42158

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-17 Ownership or Control of Offeror AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.211-6 Brand Name or Equal AUG 1999 52.211-14 Notice Of Priority Rating For National Defense, Emergency

Preparedness, and Energy Program Use

APR 2008

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

NOV 2021

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

Subcontractors

NOV 2021

52.233-3 Protest After Award AUG 1996 52.246-1 Contractor Inspection Requirements APR 1984 52.247-34 F.O.B. Destination NOV 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

DEC 2019

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

MAY 2016

252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials

SEP 2014

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic JUN 2022 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991

252.244-7000 Subcontracts for Commercial Items JAN 2021 252.246-7007 Contractor Counterfeit Electronic Part Detection and

Avoidance System

AUG 2016

252.246-7008 Sources of Electronic Parts MAY 2018 252.247-7023 Transportation of Supplies by Sea FEB 2019

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (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)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People's Republic of China.

Covered telecommunications equipment or services means--

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means--

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(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. The Contractor is prohibited from providing to the Government 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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(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, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. 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.

(c) Exceptions. This clause does not prohibit contractors from providing--

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

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

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

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

(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.

(End of clause)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--

REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

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

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

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

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

(b) The Offeror represents that--

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

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

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)

This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).

(End of clause)

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)

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

52.212-2 EVALUATION--COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

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

(i) Technical capability of the item offered meet the Government requirement

(ii) Price

(iii) Supplier Performance risk System (SPRS) and Federal Awardee Performance and Integrity Information

System (FAPPIS) will be reviewed to determine vendor responsibility

The relative order of importance of the evaluation factors are in descending order of importance. Technical and Price when combined are evaluated as being substantially more significant than all other factors combined.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

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

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022) ALTERNATE I (OCT 2014)

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

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

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

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

"Forced or indentured child labor" means all work or service—

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"—

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

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

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

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

"Service-disabled veteran-owned small business concern"—

(1) Means a small business concern—

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

(ii) The management and daily business operations of…