W56HZV-18-R-L507_MHE_Solicitation_.pdf

SEE ADDENDUM

(No Collect Calls)

W56HZV-18-R-L507 28-Feb-2018

b. TELEPHONE NUMBER

586-282-3579

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 30 Mar 2018

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.

W56HZV9. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

DOMINIC RAONA

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

(TYPE OR PRINT)

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

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

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

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

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

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ARMY CONTRACTING COMMAND - WARREN (DTA)

DOMINIC RAONA

CCTA-ASG-D

6501 E. 11 MILE RD

WARREN MI 48397-5000

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 W91ATL 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

TARDEC - DETROIT ARSENAL

RUSSELL W. POWLEDGE

43846 JEFFERSON ROAD

BUILDING 880

HARRISON TWP MI 48045-5000

TEL: 586-282-3654 FAX:

FAX:

TEL: 586-282-2579 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$7,500,000

NAICS:

541350

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 OF50

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.

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

Inspection, Testing, Maintenance, Inventory, Tagging, Certification, Marking Destruction Of all TARDEC MHE

RDECOM-TARDEC

Part 1 General Information

1. GENERAL: This is a non-personal services contract to provide for the inspection, testing, maintenance, inventory, tagging, certification, marking and destruction of TARDEC Material Handling Equipment (MHE). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The purpose of this contract is for the contractor to provide inspection, testing, maintenance, inventory, tagging, certification and marking of Slings, Below-the-Hook Lifting Devices, Cranes/Hoists, Forklifts, Jacks, Jack Stands, and other miscellaneous lifting devices owned and or controlled by The United States Army Tank Automotive Research, Development and Engineering Center. (TARDEC). The objective of this contract is for the contractor to furnish all labor and equipment to complete operations necessary to inspect, perform maintenance, repair, and testing of Slings, Below-the-Hook Lifting Devices, Cranes/Hoists, Forklifts, Jacks, Jack Stands, and other miscellaneous lifting devices as required by Technical Bulletins (TB): TB 43-0142, Safety Inspection and Testing of Lifting Devices, 28 Feb 1997 and TB 43-0156, Stand, Vehicle Supports, July 2010.

1.2 Background: The purpose of this acquisition is to provide inspection, testing, maintenance, inventory, tagging, certification and marking of Slings, Below-the-Hook Lifting Devices, Cranes/Hoists, Forklifts, Jacks, Jack Stands, and other miscellaneous lifting devices owned and or controlled by TARDEC to fulfill the annual requirement in Technical Bulletins (TB): TB 43- 0142, Safety Inspection and Testing of Lifting Devices, 28 Feb 1997 and TB 43-0156, Stand, Vehicle Supports, July 2010.

1.3 Objectives: The objective of this contract is to provide annual inspection, testing, maintenance, inventory, tagging, certification and marking of Slings, Below-the-Hook Lifting Devices, Cranes/Hoists, Forklifts, Jacks, Jack Stands, and other miscellaneous lifting devices owned and or controlled by TARDEC to ensure safety of the equipment and work environment.

Inspection/Testing Magnetic particle crack detection testing (where applicable) Visual and mechanical inspection for wear, loose bolting, deformation etc.

Findings recorded on certificate of compliance for traceability

ID# metal stamped into each piece (where applicable) Color coded (ORANGE) padlock seal/sticker applied to each device (color changes annually) Certificate of compliance form for each piece Equipment status spreadsheet emailed two weeks following inspection and accessible on-line Next inspection date to be stenciled on devices (where applicable)

Approximately 3,274 pieces (+/- 10%) Includes: Chain/Wire Rope/Nylon Slings, Misc. Lifting Devices, Swivel Rings, Eyebolts, Clevis, Lifting Tackle and Forklift Trucks Front End NDT Inspection etc.

Load Testing

Two Hundred and Seventeen (217) pieces (+/- 10%) to be load tested (as needed) with documentation, includes: Jacks, Jack Stands and related lifting equipment (Floor Jacks, Bladder – type lifts, etc.)

Lift Truck Load Tests

To provide load testing (as needed) for forty (44) lift trucks (+/- 10%) with capacity ratings of no more than 36,000 pounds. Known load truck quantity is as follows:

(1) 8k Forklift

(1) 15k Forklift

(1) 30k Forklift

(1) 3k Forklift

(1) 37k Forklift

(5) 4k Forklifts

(6) Hi-Lo’s

(7) 6k Forklifts

(2) 10k Forklifts

(4) 5k Forklifts

(1) CAT 988 RTCH – at Camp Grayling

(14) Miscellaneous Forklifts – could be at either Camp Grayling and or Selfridge Air National Guard Base

1.4 Scope:

1.4.01 The contractor shall not act or represent itself as an agent of the Government nor shall it have authority to make decisions or bind the Government to any agreements or commitments through performance of any work under this contract.

1.4.02 Contractor shall conduct the services listed in the PWS for 3,274 items plus or minus 10% over or under (to account for variations of number of items between years). In short, all items will be inspected, certified, etc. per work directive up to 3,601. The 10% under will only come into play if there are fewer than 2,947 items to be inspected, certified, etc.

per work directive.

1.4.03 Each year for five (5) years there will be an option for TARDEC to elect to continue this contract for all services listed in the work directive at the number of items serviced the year before plus or minus 10% over or under that number (to account for variations of number of items between years). In short, all items will be inspected, certified, etc. per work directive up to 10% over the number of items inspected, certified, etc. from the year prior. The 10% under will only come into play if there are fewer items than the previous year to be inspected, certified, etc. per PWS.

1.4.04 The Government has the unilateral right to increase the work to be performed under this contract by the issuance of modifications by the Contracting Officer. It is understood and agreed that such adjustments shall be made within the general scope of work and the level of effort of the contract. The Contracting Officer’s Representative COR has the right to prioritize the work being performed under the contract.

1.4.05 The contractor shall notify the Contracting Officer’s Representative (COR) immediately by telephone or email if the dates that the work must be performed or data to be delivered will not be met. The contractor shall follow up with a letter to the COR.

1.4.06 The contractor shall prepare technical reports, summaries, charts, briefing packages, and other written material under this contract, the contractor shall use computer software whose format and version(s) are compatible with that used by TARDEC, including the following: Microsoft Windows, Microsoft Excel, and Microsoft Office.

1.4.07 Contractor shall be certified with Crane Manufactures Association of America (CMAA), shall be an OSHA certified inspector, and shall be certified with ANSI American National Standards Institute. Contractor shall provide all required certifications to the contracting office. Additionally, they shall be certified in magnetic particle inspection, fork lift/lift fork inspection, Workplace Hazardous Materials Information System Training, powered lift truck, fall arrest/life line, and scissor/boom lifts.

1.4.08 The contractor shall warranty repairs, markings, and all MHE that is placed in to use, and marking plates, stickers, etc. (capacity ratings) for 365 days. The warranty will begin on the date that each piece of MHE has completed inspection and has been properly marked, as described above and upon Government acceptance of work.

1.4.09 The technical effort specified in individual PWS Directives may include effort either singly or in any combination identified by the Work Directive. Such efforts are further outlined in below, in one or more of these categories:

1.4.09.1 Material Handling Equipment (MHE): The contractor shall conduct annual maintenance, inspections, certifications, and structural analysis to collect data for each item. This data will then be evaluated and analyzed to determine a safe load capacity for each device.

1.4.09.2 Below the Hook Lifting Devices (BTH): The contractor shall conduct annual maintenance, inspections, certifications, and structural analysis to collect data for each item. This data will then be evaluated and analyzed to determine a safe load capacity for each device.

1.4.09.3 Cranes/Hoists: The contractor shall conduct annual maintenance, inspections, certifications, and structural analysis to collect data for each item. This data will then be evaluated and analyzed to determine a safe load capacity for each device.

1.4.09.4 Jacks, Jack Stands and related lifting equipment (Floor jacks, bladder – type lifts, etc.): The contractor shall conduct annual maintenance, inspections, certifications, and structural analysis to collect data for each item. This data will then be evaluated and analyzed to determine a safe load capacity for each device.

1.4.09.5 Overhead Chains, Slings, D-Rings, and Pulleys: The contractor shall conduct annual maintenance, inspections, certifications, and structural analysis to collect data for each item. This data will then be evaluated and analyzed to determine a safe load capacity for each device.

1.4.09.6 Forklifts: The contractor shall conduct maintenance, inspections, certifications, and structural analysis to collect data for each item. This data will then be evaluated and analyzed to determine a safe load capacity for each device.

1.4.09.7 Annual Maintenance: The contractor shall provide maintenance to consist of the following activities: testing (including cleaning, and magnetic particle crack detection testing (as determined by the COR).

1.4.09.8 Inspections: Inspections shall consist of the following activities: preventative maintenance, minor repairs, non-destructive testing, load testing, marking and stamping of maximum permissible load (identified slings, hoists and adapters only), visual and mechanical inspection for wear, loose bolting, and deformation where applicable. The maintenance findings shall result in an identification number stamped or otherwise applied to each piece (where applicable) with color-coded (white) padlock seal/stickers applied to each item. NOTE: Color of seal/stickers will change annually. A digital photograph of each item (device) will be taken and then compiled into an electronic spreadsheet along with complete descriptions, identification numbers, certificate(s), capacity, white tag number and physical location of the item.

1.4.09.9 Certifications: Certifications shall consist of the following activities based on the maintenance findings: The contractor shall provide maintenance findings to be recorded on a certificate of compliance for traceability and applied to each item.

1.4.10 Start-of-Work Meetings. The contractor shall convene a post-award Start-of-Work meeting within seven days after award of this basic contract and any work directives to establish working relationships and responsibilities. The contractor shall ensure that any major subcontractors attend the meeting.

1.4.11 Deliverables

1.4.11.1 The contractor shall provide a Material Safety Data Sheet (MSDS) on any chemicals, oils, lubricants, and sealant, flammable or non-flammable products to the HAZMART point of contact, Mr. Guy Miller at (586) 282-6235 located in building 249.

1.4.11.2 The contractor shall supply the Government with a hard copy of the OSHA, ANSI or ASME survey checklists for each Sling, Below-the-Hook Lifting Devices, Cranes/hoists, Forklifts, Jacks, Jack Stands, and other misc. lifting devices. NDI reports, NDI weight-check completion reports, measurement reports and load test certificates shall also be provided. Place in binders and organize by BLDG # where inspection conducted and TARDEC organization inspection for which inspection completed.

1.4.11.3 Upon completion of daily inspections, the contractor shall submit to the TARDEC logistics representative a daily work summary invoice itemizing number of pieces inspected, type, and total price for that day of work. This document will be submitted before close of business for the day the work was performed.

1.4.11.4 Upon completing one day of inspections, the contractor shall update and submit an EXCEL spreadsheet to the government no later than 1200 hours the following day (for all equipment both serviced and destroyed). Said EXCEL spreadsheet will contain, but not limited to, the following fields:

1.4.11.4.1 I D/Tag number: If no number exists, a sequential number will be assigned by the government representative and marked by the contractor on the item of equipment to coincide with the spreadsheet.

1.4.11.4.2 Item Type: Sling, Lifting Device, Chain, Forklift, etc.

1.4.11.4.3 Item Description: The description will be detailed to include length, height, and width, gauge (thickness), type of material, as necessary (example: 2-foot length, ¼-inch, 14-gauge Web Sling, green in color, etc.).

1.4.11.4.4 Serial Number: As applicable.

1.4.11.4.5 Seal Number: This represents the seal, mark or other number that the contractor may utilize for their own tracking purpose.

1.4.11.4.6 Date Inspected: Enter the date the item was physically inspected.

1.4.11.4.7 Date Expires: Enter next inspection date (annual requirement).

1.4.11.4.8 Quantity: Enter the total number of items per line entry.

1.4.11.4.9 Capacity Rating: This is the maximum capacity at which the MHE inspected can sustain, in accordance with the applicable publication.

1.4.11.4.10Building Number: This is the building that the MHE inspected is located (e.g. Bldg.

200-D).

1.4.11.4.11Detailed Location: This is the area that the MHE inspected is stored (e.g. Paint

Laboratory, Room 1142, GVR).

1.4.11.4.12Item status: Repaired, destroyed, etc.

1.4.11.4.13Upon completion of work contractor will include a total roll up of all work conducted to include number of pieces serviced, number of pieces destroyed, and any other information deemed important to the sum scope of the project.

1.4.12 GOVERNMENT FURNISHED EQUIPMENT (GFE). The Government does not anticipate furnishing material. However, the Government reserves the right to furnish parts that may be necessary for repairs. The contractor shall provide information pertinent to purchase material such as part name, number, and manufacturer upon request.

1.4.13 SAFETY.

1.4.13.1 The contractor shall comply with all current OSHA, NFPA, Detroit Arsenal, Army

Corps of Engineers safety regulations, TB 43-0156 and TB 43-0142.

1.4.13.2 Contractor shall use lifts and scaffolding that meet current OSHA and US Army safety regulations. Contractor shall abide by all current OSHA and US Army Standards and Safety Regulations, pertaining to work on or around high platform equipment.

1.4.13.3 The contractor shall provide personal safety equipment and protection for all workers to include tether lines, belts, hard hats, gloves and safety glasses, shall be provided by contractor where applicable at the contractor's expense.

1.4.14 SPECIAL FEATURES.

1.4.14.1 Asbestos material: Use of any friable asbestos is prohibited. All necessary precautions will be taken to avoid disturbing material that may contain friable asbestos. If any potentially contaminated material is encountered, all work which would disturb the material shall cease and the Contracting Officer will be contacted immediately.

1.4.14.2 Lead based paint: Use of any lead-based paint is prohibited. All necessary precautions will be taken to avoid disturbing material coated with lead based paint. Marking of slings, floor hoist, adapters, and hooks will not be lead-based paints. If any potentially contaminated material is encountered, all work which would disturb the material shall case and the Contracting Officer will be contacted immediately.

1.4.15 CLEAN-UP.

1.4.15.1 Contractor shall be responsible for cleanup of the job site on a daily basis including removal of all waste from site areas and roads connected with projects. All debris and waste shall be disposed of properly off base/post at an approved disposal facility.

1.4.15.2 Work area will be left orderly and in a hazard free condition while job site is left unoccupied during breaks and lunch hour. Continuous cleanup shall be to the satisfaction of the Contracting Officer or designated representative and at no additional cost to the Government.

1.4.15.3 All usable parts shall be returned to the Government upon completion of the work.

1.4.15.4 Upon inspection in each self-contained area, all items found deficient/unable to be certified must be gathered into a central area (designated by that shop/lab manager), spray painted red, destroyed (if not requiring special equipment with additional cost to the government to do so), and given to the shop/lab manager for proper disposal.

1.4.15.5 Contractor Manpower Reporting (CMR) - The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address:

https://contractormanpower.army.pentagon.mil. The required information includes:

1.4.15.5.1.1 Contracting Office, Contracting Officer, Contracting Officer's Technical Representative.

1.4.15.5.2 Contract number, including task and delivery order number;

1.4.15.5.3 Beginning and ending dates covered by reporting period.

1.4.15.5.4 Contractor name, address, phone number, e-mail address, identity of contractor employee entering data.

1.4.15.5.5 Estimated direct labor hours (including sub-contractors).

1.4.15.5.6 Estimated direct labor dollars paid this reporting period (including sub- contractors).

1.4.15.5.7 Total payments (including sub-contractors);

1.4.15.5.8 Predominant Federal Service Code (FSC) reflecting services provided by contractor

(and separate predominant FSC for each sub-contractor if different).

1.4.15.5.9 Estimated data collection cost.

1.4.15.5.10Organizational title associated with the Unit Identification Code (UIC) for the Army

Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information).

1.4.15.5.11Locations where contractor and sub-contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website).

1.4.15.5.12Presence of deployment or contingency contract language; and 1.4.15.5.13Number of contractor, and sub-contractor employees deployed in theater this reporting period (by country).

1.4.15.5.14As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year.

Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a contractor's systems to the secure web site without the need for separate data entries for each required data element at the web site. The specific formats for the XML direct transfer may be downloaded from the web site.

1.5 Period of Performance: The period of performance shall be between the dates 5 July 2018 and 4 July 2019 along with four (4) option years with the following dates:

Base year: 5 July 2018 through 4 July 2019 Option Year 1: 5 July 2019 through 4 July 2020 Option Year 2: 5 July 2020 through 4 July 2021 Option Year 3: 5 July 2021 through 4 July 2022 Option Year 4: 5 July 2022 through 4 July 2023

All devices requiring certification MUST be re-certified within one (1) year of being certified.

Inspection, testing, maintenance, inventory, tagging, certification and marking shall be done in months July and August of their option years.

1.6 General Information

1.6.1 Recognized Holidays: The contractor is not required to perform services on Holidays New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

1.6.2 Hours of Operation: The contractor is responsible for conducting business, between the hours of 0800 and 1630 Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.3 Place of Performance: The work to be performed under this contract will be performed at various buildings at US ARMY TARDEC, 6305 E Eleven Mile Road, Warren, MI 48092, various buildings at Selfridge Air National Guard Base, 44200 N Jefferson Avenue, Harrison Charter Township, MI 48045and various buildings at Camp Grayling Joint Maneuver Training Center, Grayling, MI.

1.6.4 Type of Contract: The Government will award a Firm-Fixed Price Contract

1.6.5 Key Personnel: Not Applicable (N/A)

1.6.6 Contractor Travel: No travel cost should be affiliated with this contract.

1.6.7 Other Direct Costs: N/A

1.6.8 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor having a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government.

Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications.

This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5. DELIVERABLE. Anything that can be physically delivered but may include non-physical things such as meeting minutes.

2.1.6. KEY PERSONNEL. N/A

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE SUREILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Is defined as Monday through Friday, unless specified otherwise.

2.2. ACRONYMS

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CCE Contracting Center of Excellence CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial Off the Shelf DA Department of the Army

DD250 Department of Defense Form 250 (Receiving Report) DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DMDC Defense Manpower Data Center DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1. Services: N/A

3.2 Facilities: The Government will provide a cubicle with desk workspace for one lap top.

Each area where contractor performs task will provide them with enough space to perform said tasks. The Government will also work to get access to the internet for one contractor employee if required.

3.3 Utilities: The Government will provide: all utilities in the facility will be available for the contractor’s use in performance of tasks outlined in this PWS. The Contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, such as turning off the water faucets or valves after using the required amount.

3.4 Equipment: N/A

3.5 Materials: (The Government will provide a copy of this PWS and any publications it mentions. The Government does not anticipate furnishing material. However, the Government reserves the right to furnish parts that may be necessary for repairs. The contractor shall provide information pertinent to purchase material such as part name, number, and manufacturer upon request.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, materials, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this

PWS.

4.2 Secret Facility Clearance: N/A

4.3. Materials: N/A, Refer to Section 4.1

4.4. Equipment: N/A, Refer to Section 4.1

PART 5

APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS): Technical Bulletins (TB):

TB 43-0142, Safety Inspection and Testing of Lifting Devices, 28 Feb 1997 and TB 43-0156, Stand, Vehicle Supports, July 2010.

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures: The contractor shall comply with all current OSHA, NFPA, Detroit Arsenal, Army Corps of Engineers safety regulations.

6.2 The contractor shall comply with all current OSHA, NFPA, Detroit Arsenal, Army Corps of Engineers safety regulations

TECHNICAL EXHIBIT 1

Performance Requirements Summary (Sample) The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective (The Service required—usually a shall statement)

Standard Performance Threshold (This is the maximum error rate. It could possibly be “Zero deviation from standard”)

Method of Surveillance

PRS # 1.

Contractor shall inspect, test, and provide applicable preventative maintenance on all MHE and MHE affiliated equipment in all ways identified in PWS.

PWS Para 1.1,1.2,1.3, and 1.4

100% Zero deviation from standard.

Walkthrough after daily work.

Contractor walk through with area POC upon completion of inspections.

PRS # 2

The contractor will tag or label each piece of inspected equipment that passes or does not pass inspection. If it does not pass will notate on each tag what reason is for fail and recommended course of action.

PWS paragraph 1.4.09.8 and 1.3

OSHA; 100% Zero deviation from standard.

Walkthrough after inspections.

Review of equipment data sheets/roll ups for capture of all applicable information.

PRS # 3

Contractor shall ensure each piece of equipment inspected receives a OSHA, ANSI, or ASME survey check list and/or NDI reports, NDI weight check completion reports, measurement reports, and load test certificats as required indicating multiple categories including date, time, inspector, pass/fail, and issues with recommendation. These receipts are compiled with the COR. The total number of receipts received is an indicator that the contractor has inspected the required number of items.

100% Zero deviation from standard.

Review sheets, rollups, and other data to make sure nothing missed.

PRS #4

Contractor shall provide all items listed in the deliverables schedule in the manner mandated including MSDSs;Hard Copy Checklist (OSHA/ANSI/ASME); NDI Report, Weight Check, Measurement, and Load Test; Daily Work Summary Invoice;

Excel Tracking Spreadsheet, and Final Roll up Excel Spreadsheet.

PWS Para 1.4.11 and Deliverables Schedule

100% Zero deviation from standard.

Review sheets, rollups, and other data to make sure nothing missed.

PRS #5

Contractor shall dispose of items which are no longer serviceable, with the agreement of the owning group.

PWS Para 1.4.15.1

100% Zero deviation from standard.

Review sheets, rollups, and other data to make sure nothing missed.

PRS # 6

Contractor shall abide by all applicable regulations, publications, manuals, and local policies and procedures: The contractor shall comply with all current OSHA, NFPA, Detroit Arsenal, Army Corps of Engineers safety regulations.

PWS Para 5.6.1

100%

Zero deviation from standard.

Walkthroughs, review of inspection receipts, etc.

PRS#7

Contractor shall abide by requirements of Contractor Manpower Reporting

(CMR)

PWS Para 1.4.15.5

100% Zero deviation from standard.

Verify with contractor and

KO.

PRS#8

Contractor shall warranty all equipment inspected for 365 days.

PWS Para 1.4.08

100% Zero deviation from standard.

Case by Case

PRS#9

Contractor shall be certified with Crane Manufactures Association of America (CMAA), shall be an OSHA certified inspector, and shall be certified with ANSI American National Standards Institute. Contractor shall provide all required certifications to the contracting office. Additionally, they shall be certified in magnetic particle inspection, fork lift/lift fork inspection, Workplace Hazardous Materials Information System Training, powered lift truck, fall arrest/life line, and scissor/boom lifts.

PWS Para 1.4.07

100% Zero deviation from standard.

Review of certification documents.

The following listing provides various types of Surveillance as examples to select from and should not be included on the final document:

Random Sampling: Appropriate for frequently recurring tasks. Evaluate randomly selected samples of the lot to determine the acceptability of the entire lot.

Random Inspection Guide, Method of surveillance, Lot size, Sample size, Performance requirement, Sampling procedure, Inspection procedure 100 Percent Inspection: Appropriate for tasks that occur infrequently. Inspect and evaluate performance each time task is performed Periodic Surveillance: Evaluation of samples selected on other than 100% or statistically random basis.

(i.e. monthly, quarterly, semi-annually etc.)

Validated Customer Complaint: Complaints must be validated.

NOTE: YOU MAY ALSO IDENTIFY ANY SURVEILLANCE METHOD USED IN THE COMMERCIAL MARKET TO

SURVEY THE REQUIRED SERVICE. (THIS WILL BE DISCOVERED WHEN MARKET RESEARCH IS CONDUCTED).

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To Material Safety Data Sheet

Completion of work

2 – 1 to ACI (Guy Miller) and 1 to TARDEC G4 (Russ Powledge)

Electronic file by e-mail as an MS Word attachment

COR

Hard Copy Checklist

(OSHA / ANSI /

ASME)

Completion of work

1 - Hard copies in binder(s) per description.

Provide Hard Copy of OSHA, ANSI, or ASME survey check lists for each sling, below-the-hook lifting devices, cranes/hoists, forklifts, jacks, jack stands, and other misc. lifting devices. Place in a binder(s) organized by Group (GVPM, GSS, GVR, etc.)

and building number where tasks performed on that equipment.

Organize this information in conjunction with the NDI Report, Weight Check, Measurement, and Load Test documentation for each piece of equipment as applicable.

NDI Report, Weight Check, Measurement, and Load Test

Completion of Work

1 – Hard copies in binder(s) per description.

Provide NDI reports, weight-check, measurement, and load test certificates / reports. Place in a binder(s) organized by Group (GVPM, GSS, GVR, etc.)

and building number where tasks performed on that equipment.

Organize this information in conjunction with the Hard Copy Checklist (OSHA /

ANSI / ASME)

documentation for each piece of equipment as applicable.

Daily Work Summary Invoice

End of Each Day 1 – Electronic.

Send as attachment in email.

Provide daily work summary invoice itemizing number of pieces inspected, type, and total price for the day of work performed.

This document will be submitted before close of business for the day the work was performed

COR

Excel Tracking Spreadsheet

Every work Day 1 – Electronic.

Send as attachment in email.

Provide electronic copy of Excel Tracking Spreadsheet by noon of day following each days inspection, including ID Tag #, Item Type, Item Description, Serial #, Seal #, Date Inspected, Date Expires, Quantity, Capacity Rating, Building #, Detailed Location

COR

Final Roll Up Excel Spreadsheet

At completion of work

1- 1 – electronic.

Send as attachment in email.

At completion of work contractor will include a total roll up of all work conducted in excel spreadsheet form to include number of pieces serviced, number of pieces by type destroyed, and any other information deemed important to the sum scope of the project.

REPORTS SHOULD BE ORGANIZED IN BINDERS BY BUILDING/AREA AND

TABBED ACCORDING TO AREAS/GROUPS WHERE INSPECTIONS CONDUCTED

(ie Building number and TARDEC Org. (GSS GVPM, ETC))

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Material Handling Equipment

FFP

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the inspection, testing, maintenance, inventory, tagging, certification, marking and destruction of TARDEC Material Handling Equipment (MHE).

FOB: Destination

PSC CD: H336

NET AMT

Contractor Manpower Report

FFP

***INFORMATION CLIN ONLY – NOT SEPERATELY PRICED CLIN***

Contractor shall report in compliance with Section I Narrative - Contractor Manpower Reporting.

OPTION Material Handling Equipment Opt 1

FFP

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the inspection, testing, maintenance, inventory, tagging, certification, marking and destruction of TARDEC Material Handling Equipment (MHE).

OPTION Contractor Manpower Reporting

FFP

***INFORMATION CLIN ONLY – NOT SEPERATELY PRICED CLIN***

OPTION Material Handling Equipment Opt 2

FFP

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the inspection, testing, maintenance, inventory, tagging, certification, marking and destruction of TARDEC Material Handling Equipment (MHE).

OPTION Contractor Manpower Reporting

FFP

***INFORMATION CLIN ONLY – NOT SEPERATELY PRICED CLIN***

OPTION Material Handling Equipment Opt3

FFP

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the inspection, testing, maintenance, inventory, tagging, certification, marking and destruction of TARDEC Material Handling Equipment (MHE).

OPTION Contractor Manpower Reporting

FFP

***INFORMATION CLIN ONLY – NOT SEPERATELY PRICED CLIN***

OPTION Material Handling Equipment Opt4

FFP

The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform the inspection, testing, maintenance, inventory, tagging, certification, marking and destruction of TARDEC Material Handling Equipment (MHE).

OPTION Contractor Manpower Reporting

FFP

***INFORMATION CLIN ONLY – NOT SEPERATELY PRICED CLIN***

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 N/A N/A N/A N/A 1001 Destination Government Destination Government 1002 N/A N/A N/A N/A 2001 Destination Government Destination Government 2002 N/A N/A N/A N/A 3001 Destination Government Destination Government

3002 N/A N/A N/A N/A 4001 Destination Government Destination Government 4002 N/A N/A N/A N/A

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 05-JUL-2018 TO

04-JUL-2019

N/A TARDEC - DETROIT ARSENAL

RUSSELL W. POWLEDGE

43846 JEFFERSON ROAD

BUILDING 880

HARRISON TWP MI 48045-5000

586-282-3654

W91ATL

0002 N/A N/A N/A N/A

1001 POP 05-JUL-2019 TO

04-JUL-2020

N/A TARDEC - DETROIT ARSENAL

RUSSELL W. POWLEDGE

43846 JEFFERSON ROAD

BUILDING 880

HARRISON TWP MI 48045-5000

586-282-3654

1002 N/A N/A N/A N/A

2001 POP 05-JUL-2020 TO

04-JUL-2021

N/A TARDEC - DETROIT ARSENAL

RUSSELL W. POWLEDGE

43846 JEFFERSON ROAD

BUILDING 880

HARRISON TWP MI 48045-5000

586-282-3654

2002 N/A N/A N/A N/A

3001 POP 05-JUL-2021 TO

04-JUL-2022

N/A TARDEC - DETROIT ARSENAL

RUSSELL W. POWLEDGE

43846 JEFFERSON ROAD

BUILDING 880

HARRISON TWP MI 48045-5000

586-282-3654

3002 N/A N/A N/A N/A

4001 POP 05-JUL-2022 TO

04-FEB-2023

N/A TARDEC - DETROIT ARSENAL

RUSSELL W. POWLEDGE

43846 JEFFERSON ROAD

BUILDING 880

HARRISON TWP MI 48045-5000

586-282-3654

4002 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

OCT 2016

52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-13 System for Award Management Maintenance OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.212-4 Contract Terms and Conditions--Commercial Items JAN 2017 52.215-1 Instructions to Offerors--Competitive Acquisition JAN 2017 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

OCT 2014

52.222-17 Nondisplacement of Qualified Workers MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards MAY 2014 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

MAY 2014

52.222-44 Fair Labor Standards And Service Contract Labor Standards- Price Adjustment

MAY 2014

52.222-50 Combating Trafficking in Persons MAR 2015 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-11 Ozone-Depleting Substances and High Global Warming

Potential Hydrofluorocarbons.

JUN 2016

52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007

52.227-2 Notice And Assistance Regarding Patent And Copyright Infringement

DEC 2007

52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-2 Payments Under Fixed-Price Research And Development

Contracts

APR 1984

52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-22 Limitation Of Funds APR 1984 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

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

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 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

52.237-3 Continuity Of Services JAN 1991 52.242-3 Penalties for Unallowable Costs MAY 2014 52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items NOV 2017 52.245-1 Government Property JAN 2017 52.245-2 Government Property Installation Operation Services APR 2012 52.246-1 Contractor Inspection Requirements APR 1984 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.247-68 Report of Shipment (REPSHIP) FEB 2006 52.248-2 Value Engineering--Architect-Engineer MAR 1990 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.252-6 Authorized Deviations In Clauses APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

DEC 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.215-7000 Pricing Adjustments DEC 2012 252.223-7006 Alt I Prohibition on Storage, Treatment, and Disposal of Toxic or

Hazardous Materials - Alternate I

SEP 2014

252.225-7015 Restriction on Acquisition of Hand Or Measuring Tools JUN 2005

252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings JUN 2011 252.225-7033 Waiver of United Kingdom Levies APR 2003 252.225-7048 Export-Controlled Items JUN 2013 252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014 252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7038 Patent Rights--Ownership by the Contractor (Large Business) JUN 2012 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

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

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property DEC 2017 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.246-7008 Sources of Electronic Parts DEC 2017 252.247-7023 Transportation of Supplies by Sea APR 2014

CLAUSES INCORPORATED BY FULL TEXT

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause-- Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.

(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully…