W15QKN-23-Q-5121 Solicitation - released.pdf

SEE ADDENDUM

(No Collect Calls)

W15QKN23Q5121 25-Aug-2023

b. TELEPHONE NUMBER

609-562-0000

8. OFFER DUE DATE/LOCAL TIME

02:00 PM 08 Sep 2023

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W15QKN9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

RYAN P NICKLOUS

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

0012002857

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

US ARMY CONTRACTING COMMAND

5418 S. SCOTT PLAZA

JOINT BASE MDL NJ 08640

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$12,500,000

NAICS:

811310

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 OF62

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.

W15QKN23Q5121

Section SF 30 - BLOCK 14 CONTINUATION PAGE

CONTRACT ADMINISTRATION INFO.

Inquiries: concerning all contractual actions after award shall be directed to the Contract Specialist. In their abcense, please contact the Contracting Officer. Subject line must reference the solicitation/contract number.

Changes: The Contract Administrator will incorporate all changes and other administrative actions to the contract as directed and authorized by the Contracting Officer.

Contract Specialist: Ryan Nicklous Email: ryan.p.nicklous.civ@army.mil

Contracting Officer: Julie Cameron Email: julie.a.cameron.civ@army.mil

Customer POC: George Markt Email: george.h.markt.civ@army.mil

Facility Location:

WDC DRFTA MASS

Fort Devens 30 Quebec Street Devens, MA 01434-4479

INSTRUCTIONS TO OFFERORS

THIS REQURIEMENT IS SOLICITED AS A SMALL BUSINESS SET ASIDE

THIS REQUIREMENT IS SUBJECT TO THE AVAILABILITY OF FUNDS

1. The Army Contracting Command – New Jersey (ACC-NJ) on behalf of the United States Army Garrison Fort Devens has a requirement to procure a Generator Maintenance and Repair Service. The scope of this requirement is for the contractor to provide maintenance and repair service to multiple generators at USAG Fort Devens in accordance with the Performance Work Statement.

2. The Government intends to award a single, firm-fixed-price (FFP) contract. The period of performance for this effort shall consist of a 6-month base period and a 12-month option period from date of contract award.

3. The Offeror must be registered in the System for Award Management (SAM) in order to be eligible to receive a Department of Defense contract award. If you need to register in SAM go to https://www.SAM.gov

4. See Federal Acquisition Regulation (FAR) Clause 52.212-1, “Instructions to Offerors – Commercial Services” and FAR 52.212-1, Addendum for additional information.

5. See FAR Clause 52.212-2, “Evaluation – Commercial Services” and FAR 52.212-2, Addendum for additional information and evaluation criteria.

6. A Site Visit shall be available 1 September 2023 starting promptly at 10:00 am Eastern Standard Time (EST). This will be the only site visit to view the generators. Parties interested in a site visit shall visit Fort Devens Official Website (https://home.army.mil/devens/) and fill out a visitor pass request on the Visitor Information Page, no later than 10:00 AM EST on Thursday 31 August, 2023. Once a visitor pass request has been made send an email to the Site Visit POC: Paul Lavoie at paul.a.lavoie3.civ@army.mil, the Contract Specialist: Ryan Nicklous at ryan.p.nicklous.civ@army.mil and the Contracting Officer: Julie A.

Cameron at julie.a.cameron.civ@army.mil. In no event shall failure to inspect the site constitute grounds for a claim after contract award. Meeting location for the site visit is 64 Quebec Street, the parking lot to the right once you enter the main gate. Anyone who is late to the Site Visit shall lose their opportunity for a site visit. No other site visit will be scheduled. No questions will be responded to at the site visit.

7. All questions regarding this solicitation and the site visit shall be submitted via Email no later than 2:00 PM EST on Tuesday 5 September 2023 to the Contract Specialist: Ryan Nicklous at ryan.p.nicklous.civ@army.mil and the Contracting Officer: Julie A. Cameron at julie.a.cameron.civ@army.mil. Questions received after 5 September 2023 at 2:00 PM will not be responded to. The questions will be answered all at once and uploaded to the Contract Opportunities website at https://www.sam.gov posting after the question period has ended.

8. COMPLETING A QUOTE FOR SUBMITTAL

a. Proposals are due no later than the date and time listed in Block 8 and shall be submitted via email to Ryan Nicklous at ryan.p.nicklous.civ@army.mil and Julie A. Cameron at julie.a.cameron.civ@army.mil. Updates to this solicitation will be posted on the Contract Opportunities website at https://www.sam.gov.

b. The Offeror shall provide the name, title, address, email address, and telephone number of the company/division point of contact regarding business decisions made with respect to the proposal and who can contractually obligate the company. In addition, the contractor shall sign and acknowledge any potential resulting amendments to this solicitation. In doing so, the offeror accedes to the contract terms and conditions as written in the Solicitation.

c. The Offeror shall submit a price for each FFP Contract Line-Item Number (CLIN) on the Standard

Form (SF) 1449 Continuation Sheets of the solicitation. The Government maintains a tax-exempt status.

d. The offeror shall submit a signed SF1449 (Pg. 1, Block 30a. Signature of Offeror/Contractor). The offeror is required to complete blocks 17, 30a, 30b, and 30c of the SF1449. In doing so, the Offeror accedes to the contract terms and conditions as written in the solicitation.

e. Pricing for each CLIN must be submitted in the proper format. The proper format consists of

QUANTITY * UNIT PRICE = AMOUNT/NET AMOUNT. In the event there is a discrepancy in the calculation, the UNIT PRICE will be held to the intended price multiplied by the QUANTITY.

If the offeror shows only the AMOUNT/NET AMOUNT, but fails to enter a UNIT PRICE, the AMOUNT/NET AMOUNT divided by the QUANTITY will be held to be the intended price.

f. The Offeror shall provide proof of Valid Certificate of Insurance in accordance with FAR 52.228-

5 “Insurance – Work on a Government Installation” and “Required Insurance”.

g. The offeror is reminded it shall offer on any issued plans, drawings, and specifications as amended. Any deviations, conditions or attachments made by the offeror itself may render the offer non-responsive and may be cause for its rejection.

9. All services shall be performed in accordance with the Performance Work Statement (PWS)

10. All offers shall remain valid for 120 calendar days.

11. SAM Eunique ID#:__________________________

12. CAGE(commercial and government entity)code___________________

13. Federal Tax ID __________________

14. ****This project is small business set aside under NAICS 811310 with the business size standard of

$12,500,000.00.

15. Multiple proposals will not be accepted.

16. The following are part of this solicitation: Attachment.

Performance Work Statement (PWS) dated 22 June 2023

REQUIRED INSURANCE

FAR 28.307-2 Liability

REQUIRED INSURANCE

a. The contractor shall, at his own expense, provide and maintain during the entire performance of this contract at least the kinds and minimum amounts of insurance required in the schedule or elsewhere in the contract.

TYPE AMOUNT

1. Workmen’s Compensation

The required Workmen’s Compensation $100,000 each Insurance shall extend to cover Accident Employee’s liability for accidental $500,000 Disease Bodily injury or death and for Policy Limit Occupational disease with a minimum $100,000 Disease Liability of: Each Employee

2. Comprehensive General Liability with minimum limits of:

Per accident or occurrence For bodily injury $500,000.00

This insurance shall include Contractor’s protective liability and contractual liability.

3. Comprehensive Automobile Liability Insurance with minimum limits of:

(Automobile Liability only applicable to company owned vehicles and/or vehicles used in the direct performance of services/construction within this contract.)

Per Person $200,000.00 Per Occurrence for Bodily Injury $500,000.00 Per Occurrence for Property Damage $20,000.00 or Combined Single Limit $500,000.00

b. Within ten (10) calendar days after contract award, the Contractor shall certify to the Contracting Officer, in writing, that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the contract is to be performed, or (2) until 30 days after insurer or the written notice to the Contracting Officer.

HQ-AMC LEVEL PROTEST

If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible contracting officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with the General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103.Send protests (other than protests to the contracting officer) to:

Headquarters U.S. Army Materiel Command

Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000

Fax: (256) 450-8840

Email: usarmy.redstone.usamc.mbx.protests@mail.mil

The AMC-level protest procedures are found at: Web Address:

http://www.amc.army.mil/amc/commandcounsel.html

If Internet ACC contracting officer or HQ, AMC to obtain the AMC-Level Protest

LEVEL 1 ANTI-TERRORISM

52.000-4002 LEVEL 1 ANTI TERRORIST AWARENESS TRAINING REQUIREMENTS FOR CONTRACTOR

EMPLOYEES (OCT 2010)

1. All contractor employees requiring access to any Federally-controlled facility and logical access to Federally controlled information systems except for “national security systems” as defined by 44 U.S.C.

3542(b)(2), should be certified in Level 1 Anti Terrorism Training. The training is accessible from any computer with access to the World Wide Web and is available at https:/atlevel1.dtic.mil/at. The contractor is responsible for ensuring that the training has been satisfactorily completed and that valid certificates of completion have been submitted to the Contracting Officers Representative (COR) with a copy furnished to the Contracting Officer. The Certificates are valid for one year, therefore, training shall be completed every year for the duration of the contract.

2. The term Federally-controlled facility is defined as:

• Federally-owned buildings or leased space, whether for single or multi-tenant occupancy, and approaches, all or any portion of which is under the jurisdiction, custody or control of a department or agency;

• Federally-controlled commercial space shared with non-government tenants. For example, if a department or agency leased the 10th floor of a commercial building, the Directive applies to the 10th floor only;

• Government-owned, contractor-operated facilities, including laboratories engaged in national defense research and production activities; and

• Facilities under a management and operating contract, such as for the operation, maintenance, or support of a Government-owned or Government-controlled research, development, special production, or testing establishment.

3. The term “Federally-controlled information system” means an information system (44 U.S.C. 3502(8)) used or operated by a Federal agency, or a contractor or other organization on behalf of the agency (44 U.S.C. 3544(a)).

4. The term “contractor employee” includes employees, agents, students or representatives and all employees, agents or representatives of all subcontractors and suppliers

BASIS OF AWARD

The Government intends to award a Firm Fixed Price (FFP) contract to the responsive, responsible offeror resulting from this solicitation. Award shall be made to a single contractor on an all or nothing basis. Quotes must include prices for each item listed. Failure to do so shall be cause for the offeror to be considered non-responsive. Award will be based on the lowest price meeting technical specifications.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

EMERGENCY SERVICE CALLS BASE YEAR

FFP

The contractor shall provide all plant, labor, equipment, and materials to perform emergency service calls to the standby electrical power generators at Fort Devens FOB: Destination

PSC CD: 6115

NET AMT

0002 4 Each

NON ROUTINE REPAIRS SMALL BASE YEAR

FFP

SMALL (0 - 99 kW) The contractor shall provide all plant, labor, equipment, and materials to perform non-routine repairs to the standby electrical power generators at Fort Devens FOB: Destination

PURCHASE REQUEST NUMBER: 0012002857

0003 4 Each

NON ROUTINE REPAIRS MEDIUM BASE YEAR

FFP

MEDIUM (100 - 199 kW) The contractor shall provide all plant, labor, equipment, and materials to perform non-routine repairs to the standby electrical power generators at Fort Devens FOB: Destination

0004 4 Each

NON ROUTINE REPAIRS LARGE BASE YEAR

FFP

LARGE (200 kw and up) The contractor shall provide all plant, labor, equipment, and materials to perform non-routine repairs to the standby electrical power generators at Fort Devens FOB: Destination

PARTS AND MATERIALS BASE YEAR

FFP

The Government shall reimburse the Contractor for all parts permanently installed in the equipment if the unit price of the part exceeds $50.00. The Contractor shall provide replacement parts with a unit price of $50.00 or less at no additional cost to the Government. The Government shall authorize any repair parts exceeding $50.00 for replacement by the Contractor. Replacement parts are permanently installed in the equipment. The Contractor shall provide a receipt for all parts replaced. The receipt shall identity the name of the part(s), the part number, manufacturer, and warranty.

0006 2 Each

PREVENTATIVE MAINTENANCE BASE YEAR

FFP

The contractor shall provide quarterly preventive maintenance on the standby electrical power generators in accordance with PWS Specification dated June 2023 located at Fort Devens, MA. 01434-4429.

Contractor shall be responsible for all aspects of the work requirements, co-ordination, communications and ensure the Standby Generators are maintained as per manufacturer's requirements and recommendations for a complete, fully functional and operational units with all appurtenances.

FOB: Destination

1001 1 Job

OPTION EMERGENCY SERVICE CALL OY1

FFP

The contractor shall provide all plant, labor, equipment, and materials to perform emergency service calls to the standby electrical power generators at Fort Devens FOB: Destination

1002 8 Each

OPTION NON ROUTINE REPAIRS SMALL OY1

FFP

SMALL (0-99 kW) The contractor shall provide all plant, labor, equipment, and materials to perform non-routine repairs to the standby electrical power generators at Fort Devens FOB: Destination

1003 8 Each

OPTION NON ROUTINE REPAIRS MEDIUM OY1

FFP

MEDIUM (100 - 199 kW) The contractor shall provide all plant, labor, equipment, and materials to perform non-routine repairs to the standby electrical power generators at Fort Devens FOB: Destination

1004 8 Each

OPTION NON ROUTINE REPAIRS LARGE OY1

FFP

LARGE (200 kW and up) The contractor shall provide all plant, labor, equipment, and materials to perform non-routine repairs to the standby electrical power generators at Fort Devens FOB: Destination

1005 1 Job

OPTION PARTS AND MATERIALS OY1

FFP

The Government shall reimburse the Contractor for all parts permanently installed in the equipment if the unit price of the part exceeds $50.00. The Contractor shall provide replacement parts with a unit price of $50.00 or less at no additional cost to the Government. The Government shall authorize any repair parts exceeding $50.00 for replacement by the Contractor. Replacement parts are permanently installed in the equipment. The Contractor shall provide a receipt for all parts replaced. The receipt shall identity the name of the part(s), the part number, manufacturer, and warranty.

1006 4 Each

OPTION PREVENTATIVE MAINTENANCE OY1

FFP

The contractor shall provide quarterly preventive maintenance on the standby electrical power generators in accordance with PWS Specification dated June 2023 located at Fort Devens, MA. 01434-4429.

Contractor shall be responsible for all aspects of the work requirements, co-ordination, communications and ensure the Standby Generators are maintained as per manufacturer's requirements and recommendations for a complete, fully functional and operational units with all appurtenances.

FOB: Destination

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination N/A Destination Government 0002 Destination N/A Destination Government 0003 Destination N/A Destination Government 0004 Destination N/A Destination Government 0005 Destination N/A Destination Government 0006 Destination N/A Destination Government 1001 Destination N/A Destination Government 1002 Destination N/A Destination Government 1003 Destination N/A Destination Government 1004 Destination N/A Destination Government 1005 Destination N/A Destination Government 1006 Destination N/A Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 27-SEP-2023 TO

27-MAR-2024

N/A W1DC DRFTA MASS

W1DC DRFTA MASS

30 QUEBEC STREET, BOX 10

DEVENS MA 01434-4479

W13GPY

0002 POP 27-SEP-2023 TO

27-MAR-2024

N/A W1DC DRFTA MASS

W1DC DRFTA MASS

30 QUEBEC ST BOX 10

DEVENS MA 01434-4479

0003 POP 27-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 27-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 27-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

0006 POP 27-SEP-2023 TO

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 28-MAR-2024 TO

27-MAR-2025

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 28-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 28-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 POP 28-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

1005 POP 28-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

1006 POP 28-MAR-2024 TO

N/A (SAME AS PREVIOUS LOCATION)

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.208-9 Contractor Use of Mandatory Sources of Supply or Services MAY 2014 52.212-1 Instructions to Offerors--Commercial Products and

Commercial Services

MAR 2023

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

DEC 2022

52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

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

Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.243-5 Changes and Changed Conditions APR 1984 52.247-34 F.O.B. Destination NOV 1991 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-

Contract-Related Felonies

JAN 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

JAN 2023

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

JAN 2023

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

SEP 2014

252.225-7006 Acquisition of the American Flag DEC 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 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JAN 2023

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services-- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision-

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

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

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

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

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

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

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

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

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

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."

(d) Representations. The Offeror represents that--

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

(e) Disclosures.

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

(i) For covered equipment--

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

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

(i) For covered equipment--

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

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

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

(ii) For covered services--

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

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

(End of provision)

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

2020)

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

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representations.

(1) The Offeror represents that it [ ___ ] does, [xx ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it [ ___ ] does, [xx ] does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

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

COMMERCIAL SERVICES (DEC 2022)

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

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

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

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

"Sensitive technology"--

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

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

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

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

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

(1) Means a small business concern--

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

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

"Small business concern"--

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

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

"Small disadvantaged business concern, consistent with 13 CFR 124.1002", means a small business concern under the size standard applicable to the acquisition, that--

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13 CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

"Subsidiary" means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

"Veteran-owned small business concern" means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

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

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

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ___

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

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

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

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

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that--

(i) It [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern; or

(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2).

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents that it [ ___ ] is, [ ___ ] is not a women-owned small business concern.

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

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

[The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

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

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

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(d) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation, and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to…