W911S624Q0004 Bulk LN2 DPG 26Feb24.pdf

PDF 954 KB Posted Feb 26, 2024

Attached to: DPG Bulk Liquid Nitrogen Solicitation Federal contract opportunity
Solicitation number: W911S6-24-Q-0004
Issued by: Department of the Army Materiel Command Mission and Installation Contracting Command Fort Hood

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SEE ADDENDUM

(No Collect Calls)

W911S624Q0004 26-Feb-2024

b. TELEPHONE NUMBER

435-831-2094

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 25 Mar 2024

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W911S69. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

MARK S. PRATT

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

MICC- DUGWAY PROV GRD

5330 VALDEZ CIR

MS 1 CCMI-CHD-DP

DUGWAY UT 84022-5001

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 W909NB 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

DUGWAY PROVING GROUNDS

BL 2ND STREET

DUGWAY UT 84022

TEL: FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,200

NAICS:

325120

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 OF75

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.

W911S624Q0004

Section SF 1449 - CONTINUATION SHEET

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 31-MAR-2025 90,000 DUGWAY PROVING GROUNDS

DUGWAY PROVING GROUNDS

BL 2ND STREET

DUGWAY UT 84022

FOB: Destination

W909NB

0002 31-MAR-2025 24 (SAME AS PREVIOUS LOCATION)

1001 31-MAR-2026 90,000 (SAME AS PREVIOUS LOCATION)

1002 31-MAR-2026 24 (SAME AS PREVIOUS LOCATION)

2001 31-MAR-2027 90,000 (SAME AS PREVIOUS LOCATION)

2002 31-MAR-2027 24 (SAME AS PREVIOUS LOCATION)

3001 31-MAR-2028 90,000 (SAME AS PREVIOUS LOCATION)

3002 31-MAR-2028 24 (SAME AS PREVIOUS LOCATION)

4001 31-MAR-2029 90,000 (SAME AS PREVIOUS LOCATION)

4002 31-MAR-2029 24 (SAME AS PREVIOUS LOCATION)

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 90,000 Gallon LN2 GAS Base Ordering Period

FFP

BULK LIQUIID NITROGEN AT 99.999% purity certification with water and total hydrocarbon are less than 1 ppm

Delivery date period 3/30/2024 - 3/31/2025

SEE ORDERING INSTRUCTIONS FULL TEXT BELOW. The government reserves the right to purchase a lesser amount than specified in the quantity usage.

FOB: Destination

MFR PART NR: LN2 99.999

ADDITIONAL MARKINGS: Mark All Documents with W911S6-24-P-XXXX SHIP VIA: Best Way ( Shippers Option)

PSC CD: 6830

NET AMT

0002 24 Each LN2 DELIVERY CHARGE Base Ordering Period

FFP

LN2 GAS DELIVERY CHARGE, SEE ORDERING INSTRUCTIONS IN FULL

TEXT BELOW.

Delivery date period 3/30/2024 - 3/31/2025

The government reserves the right to order a lesser amount than specified in the quantity for gallons and delivery/shipment due to unpredicted usage FOB: Destination MFR PART NR: Delivery ADDITIONAL MARKINGS: Mark All Documents with W911S6-24-P-XXXX

1001 90,000 Gallon LN2 GAS Ordering Period 1

FFP

BULK LIQUIID NITROGEN AT 99.999% purity certification with water and total hydrocarbon are less than 1 ppm

Delivery date period 3/30/2025 - 3/31/2026

SEE ORDERING INSTRUCTIONS FULL TEXT BELOW. The government reserves the right to purchase a lesser amount than specified in the quantity usage.

FOB: Destination

MFR PART NR: LN2 99.999

ADDITIONAL MARKINGS: Mark All Documents with W911S6-24-P-XXXX

1002 24 Each LN2 DELIVERY CHARGE Ordering Period 1

FFP

LN2 GAS DELIVERY CHARGE, SEE ORDERING INSTRUCTIONS IN FULL

TEXT BELOW.

Delivery date period 3/30/2025 - 3/31/2026

2001 90,000 Gallon LN2 GAS Ordering Period 2

FFP

BULK LIQUIID NITROGEN AT 99.999% purity certification with water and total hydrocarbon are less than 1 ppm

Delivery date period 3/30/2026 - 3/31/2027

SEE ORDERING INSTRUCTIONS FULL TEXT BELOW. The government reserves the right to purchase a lesser amount than specified in the quantity usage.

FOB: Destination

MFR PART NR: LN2 99.999

ADDITIONAL MARKINGS: Mark All Documents with W911S6-24-P-XXXX

2002 24 Each LN2 DELIVERY CHARGE Ordering Period 2

FFP

LN2 GAS DELIVERY CHARGE, SEE ORDERING INSTRUCTIONS IN FULL

TEXT BELOW.

Delivery date period 3/30/2026 - 3/31/2027

3001 90,000 Gallon LN2 GAS Ordering Period 3

FFP

BULK LIQUIID NITROGEN AT 99.999% purity certification with water and total hydrocarbon are less than 1 ppm

Delivery date period 3/30/2027 - 3/31/2028

SEE ORDERING INSTRUCTIONS FULL TEXT BELOW. The government reserves the right to purchase a lesser amount than specified in the quantity usage.

FOB: Destination

MFR PART NR: LN2 99.999

ADDITIONAL MARKINGS: Mark All Documents with W911S6-24-P-XXXX

3002 24 Each LN2 DELIVERY CHARGE Ordering Period 3

FFP

LN2 GAS DELIVERY CHARGE, SEE ORDERING INSTRUCTIONS IN FULL

TEXT BELOW.

Delivery date period 3/30/2027 - 3/31/2028

4001 90,000 Gallon LN2 GAS Ordering Period 4

FFP

BULK LIQUIID NITROGEN AT 99.999% purity certification with water and total hydrocarbon are less than 1 ppm

Delivery date period 3/30/2028 - 3/31/2029

SEE ORDERING INSTRUCTIONS FULL TEXT BELOW. The government reserves the right to purchase a lesser amount than specified in the quantity usage.

FOB: Destination

MFR PART NR: LN2 99.999

ADDITIONAL MARKINGS: Mark All Documents with W911S6-24-P-XXXX

4002 24 Each LN2 DELIVERY CHARGE Ordering Period 4

FFP

LN2 GAS DELIVERY CHARGE, SEE ORDERING INSTRUCTIONS IN FULL

TEXT BELOW.

Delivery date period 3/30/2028 - 3/31/2029

ORDERING INSTRUCTIONS

Ordering Instructions for Bulk Liquid Nitrogen

1) This requirement is for the purchase and delivery of bulk liquid nitrogen (LN2) for three Government owned 3,000-gallon bulk LN2 gas tanks to the Chemical Test Division at Dugway Proving Ground, Dugway UT.

2) Bulk LN2 delivery; provide up to approximately 9,000 gallons per fill every 30 days approximately to three Government owned tanks located at the Chemical Combined Test Facility (CCTF) and Material Test Facility (MTF), Dugway, Utah, or approximate twenty-four deliveries per year. (Historical the government has used between 2,000 to 2,500 gallons per tank per month).

3) Inspect, fill, and report any deficiency with the tank, overpressure and fill system, and any other safety items to the assigned Government point of contact (COR).

4) Delivery Invoice; the contractor shall provide a written invoice for each delivery. The invoice shall have a unique company tracking number, DPG account number, delivery date, minimum at 99.999% purity certification with water and total hydrocarbon are less than 1 ppm, quantity delivered.

5) Delivery shall be within 7 working days after receipt of the Government’s request for delivery.

6) The contract schedule is as follows:

Base period: March 30, 2024, to March 31, 2025 Ordering Period 1: March 30, 2025, to March 31, 2026 Ordering Period 2: March 30, 2026, to March 31, 2027 Ordering Period 3: March 30, 2027, to March 31, 2028 Ordering Period 4: March 30, 2028, to March 31, 2029.

7) The Government reserves the right to modify the contract for purchasing more than twenty-four deliveries per year.

AT/OPSEC

OPSEC Standing Operating Procedure/Plan: The government shall provide the contractor with the ATEC’s OPSEC Plan per AR 530-1, Operations Security. All contractors and subcontractors will abide by the ATEC’s SOP. This Plan will include the Government's critical information, why it needs to be protected, where it is located, who is responsible for it, and how to protect it.

a. AT Level I training. This standard language is for contractor employees with an area of performance within an Army-controlled installation, facility, or area. All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee to the COR or to the contracting officer, if a COR is not assigned, within 10 calendar days after completion of training by all employees and subcontractor personnel.

AT Level I awareness training is available at the following website: http://jko.jten.mil.

b. Access and general protection/security policy and procedures. This standard language is for contractor employees with an area of performance within an Army-controlled installation, facility, or area. Contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office. Contractor workforce must comply with all personal identity verification requirements (CFR clause 52.204-9, Personal Identity Verification of Contract Personnel) as directed by DoD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

c. For contractors that do not require CAC but require access to a DoD facility or installation. Contractor and all associated subcontractor employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (Army Directive 2014-05/AR 190-13); applicable installation, facility and area commander installation and facility access and local security policies and procedures (provided by Government representative); or, at OCONUS locations, in accordance with status-of-forces agreements and other theater regulations.

d. For contracts that require OPSEC Training. Per AR 530-1, Operations Security, the contractor employees must complete Level I OPSEC Awareness training. New employees must be trained within 30 calendar days of their reporting for duty and annually thereafter.

LOCAL SITE INFORMATION

Local Site Information

FOREIGN VISITORS/EMPLOYEES

Contractors with valid U.S. government contracts will be allowed to hire non-U.S. citizens to work at or visit U.S. Army Dugway Proving Ground (DPG) during performance of the contract.

Contractors shall adhere to the following process. A list of foreign national employees shall be provided to the DPG Counterintelligence, Law Enforcement, and Security Offices at least five

(5) working days prior to arrival on post. A copy of the list shall also be submitted to the Contracting Officer or an appointed Contracting Officer’s Representative (COR). The list will contain name, nationality, green card and social security number, date of birth, driver’s license number and state where issued. The Contractor shall also list the date(s) foreign nationals will be on post. If a sensitive test or visit is scheduled during the dates provided, the Counterintelligence Office will inform the Contractor whether the work/visit may take place.

Employees will not be allowed on Post until verification process is complete. Once verification has been received, the Counterintelligence Office is responsible to provide the Protocol Office the following information for badge preparation: Name, Company and Point-of-Contact. The Contracting Officer or COR will be responsible to pick-up the badges and holders, issue them to the visitor and return them at the end of the visit.

SECURITY BADGES AND/OR PROTECTIVE MASKS

The prime contractor is responsible for security badges and/or protective masks issued to their employees and/or employees of their subcontractor(s). A designated representative (being an officer or supervisor of the prime contractor) shall co-sign for everyone when obtaining the required item(s). Additionally, the contractor shall provide to the Contracting Officer or the appointed Contracting Officer’s Representative (COR) a list of employees requiring masks/badges under the awarded contract prior to initiation of work. The Contractor shall be required to submit a “certificate of return” for all masks/badges from the cognizant office(s) to the Contracting Officer or the COR. For item(s) not returned, the replacement cost of the items will be deducted from the invoice, or the Contractor will be invoiced if the replacement cost exceeds the amount due the Contractor.

SAFETY AND ACCIDENT PREVENTION

During performance of work on the installation, the Contractor shall conform to all safety rules and requirements issued by the Dugway Safety Office. The Contractor shall take all reasonable steps and precautions to prevent accidents and preserve and protect personnel and property. Any violations of established safety and accident prevention rules and regulations may be grounds for termination of this contract.

LOCATION OF US ARMY DUGWAY PROVING GROUND

U.S. Army Dugway Proving Ground is located in a remote area. The main gate is approximately 90 miles southwest of Salt Lake City, Utah. Contractors may be required to travel up to 150 miles one way from Salt Lake City to reach some work sites.

CONTRACTOR ACCESS TO DPG

Access to U.S. Army Dugway Proving Ground (DPG) requires that Contractor employees voluntarily submit personal data (e.g., name, social security number, etc.) when applying for a DPG Identification Card or temporary access pass. This information is routinely used by DPG Law Enforcement and Security personnel to conduct drivers license and criminal history / background checks. Adverse information revealed by such checks (e.g., outstanding criminal warrants, criminal history indicating a potential risk to DPG Installation security, or similar negative information indicating a potential security and/or Law Enforcement risk to DPG), may result in a denial of access and/or reentry to U.S. Army Dugway Proving Ground.

Delays caused by any adverse employee information do not constitute a basis for claim by the Contractor. It is the Contractor’s responsibility to assure all personnel scheduled to work on the installation have acceptable backgrounds.

NORMAL WORK HOURS

U.S. Army Dugway Proving Ground operates on a four (4) day work week, Monday through Thursday, from 7:00 A.M. to 5:30 P.M. (local time) except for Federal Holidays. Deliveries will be accepted on regular scheduled workdays between 7:00 A.M. and 4:30 P.M. (local time). The following Federal Holidays are observed:

(a) New Years Day (g) Labor Day

(b) Martin Luther King Day (h) Columbus Day

(d) Memorial Day (j) Thanksgiving Day

(e) Juneteenth National Independence Day (k) Christmas Day

(f) Independence Day

When any of the above holidays fall on a Sunday, the following Monday will be observed as the holiday; when a holiday falls on a Friday or Saturday the preceding Thursday is observed as the holiday.

OSHA STANDARDS

Manufacturer or supplier must ensure that all OSHA standards applicable to that which is being purchased are complied with.

Hazardous Materials: Applies to contracts providing services to the installation and that will be buying and using hazardous materials.

"The Contractor shall participate as a member of DPG's hazardous materials management program and tracking system (currently called Enterprise Environmental, Safety and Occupational Health - Management Information System (EESOH-MIS)). The Contractor shall indicate ordered and decremented hazardous material in EESOH-MIS. The Contractor shall barcode label all hazardous material via the DPG Logistics Readiness Center (LRC) Central Receiving Point (CRP) or the contractor's own Shop. The Contractor shall provide EESOH-MIS data call information when requested. The Contractor shall provide copies of Safety Data Sheet (SDS) (formerly Material Safety Data Sheet (MSDS)) in hard copy or electronic format when requested. The Contractor shall complete a System Authorization Access Request (SAAR) Form and Portal ID Registration for each user of the EESOH-MIS system. The Contractor shall complete the EESOH-MIS training for purchasers and end users of hazardous material. The Contractor shall provide ongoing data input into the EESOH-MIS internet-based information system."

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 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 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.222-50 Combating Trafficking in Persons NOV 2021 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-22 Limitation Of Funds APR 1984 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

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.247-34 F.O.B. Destination NOV 1991 52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998

252.201-7000 Contracting Officer's Representative DEC 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 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

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

JAN 2023

252.225-7036 Buy American--Free Trade Agreements--Balance of Payments Program--Basic

NOV 2023

252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region - Representation

JUN 2023

252.227-7015 Technical Data--Commercial Products and Commercial Services

MAR 2023

252.227-7037 Validation of Restrictive Markings on Technical Data JAN 2023 252.232-7010 Levies on Contract Payments DEC 2006

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2023)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 325120.

(2) The small business size standard is 1,200.

(3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition--

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

(ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

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

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the 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).

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the 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).

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.)

This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $50,000, the basic provision applies.

(B) If the acquisition value is $50,000 or more but is less than $92,319, the provision with its Alternate II applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR Clause Title Date Change

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 on SAM.

(End of provision)

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.

(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--

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

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

(d) Representations. The Offeror represents that--

(1) It [ ___ ] will, [ ___ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--

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

(e) Disclosures.

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

(i) For covered equipment--

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

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

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

(ii) For covered services--

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

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

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

(i) For covered equipment--

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

(ii) For covered services--

(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.

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

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

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

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

Covered telecommunications equipment or services means--

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

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

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

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

Critical technology means--

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

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

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

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

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

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

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

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

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

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

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

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

(b) Prohibition.

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

115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

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

115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

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

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

(d) Reporting requirement.

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

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

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

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

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

(End of clause)

52.204-26 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”.

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

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

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