W912EF24Q0022.pdf

DWORSHAK PROJECT

JESSICA KING

DWORSHAK DAM POWERHOUSE 1428 NORTHFORK DRIVE

AHSAHKA ID 83520-0048

TEL: 208-476-1296 FAX:

REQUEST FOR QUOTATIONS

(THIS IS NOT AN ORDER) 1

PAGE OF PAGES

1. REQUEST NO. 2. DATE ISSUED RATING

W912EF24Q0022 28-Mar-2024 5a. ISSUED BY

8. TO: NAME AND ADDRESS, INCLUDING ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this

Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State, and local taxes)

ITEM NO.

(a)

SUPPLIES/ SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e) (f)

SEE SCHEDULE

AMOUNT

% No. %

NOTE: Additional provisions and representations [ ] are [ ] are not attached.

13. NAME AND ADDRESS OF QUOTER (Street, City, County, State, and ZIP Code)

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

15. DATE OF

QUOTATION

16. NAME AND TITLE OF SIGNER (Type or print) (Include area code)

TELEPHONE NO.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 18 (REV. 6-95)

PREVIOUS EDITION NOT USABLE Prescribed by GSA FAR (48 CFR) 53.215-1(a)

THIS RFQ X[ ] IS [ ] IS NOT A SMALL BUSINESS SET-ASIDE

6. DELIVER BY (Date)

SEE SCHEDULE

AND/OR DMS REG. 1

UNDER BDSA REG. 2

4. CERT. FOR NAT. DEF.3. REQUISITION/PURCHASE

REQUEST NO.

USAED, WALLA WALLA - CONTRACTING DIV.

PRESTON E JONES

201 N. THIRD AVENUE

WALLA WALLA WA 99362-1876

9. DESTINATION (Consignee and address, including ZIP Code)

7. DELIVERY

[ ]X FOB

DESTINATION

[ ] OTHER

(See Schedule)

24-Apr-2024(Date)

PLEASE FURNISH QUOTATIONS TO THE ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS:10.

509-527-7206PRESTON E JONES

(Name and Telephone no.) (No collect calls)5b. FOR INFORMATION CALL:

d. CALENDAR DAYSc. 30 CALENDAR DAYSb. 20 CALENDAR DAYS12. DISCOUNT FOR PROMPT PAYMENT a. 10 CALENDAR DAYS

W912EF24Q0022

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each Disconnect Support Assembly

FFP

In accordance with Technical Specifications.

FOB: Destination

PSC CD: 5450

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Each Jack Assembly

FFP

In accordance with Technical Specifications.

PSC CD: 5450

NET AMT

Section C - Descriptions and Specifications

TECHNICAL SPECIFICATIONS

TECHNICAL SPECIFICATIONS

DWORSHAK T1 TRANSFORMER DISCONNECT SUPPORT ASSEMBLIES

1.0 SCOPE

The following specification pertains to the fabrication of three (3) Transformer Disconnect Support Assemblies as shown on detail B2 of page S-101 and one (1) Jack Assembly as shown in detail A1 of page S-505 for delivery and offloading to Dworshak Dam and Reservoir (Dworshak Project), Ahsahka, Idaho. The contractor shall also provide all fasteners and anchors listed in the associated contract drawings. The Contractor will not be responsible for providing the screw jack detailed on page S-505.

2.0 DISCONNECT SUPPORT ASSEMBLY – GENERAL REQUIREMENTS

The disconnect support assemblies shall be equipped with the salient requirements listed herein. Any items not identified in this specification that are required for operation of all attachments shall be provided by the Contractor as part of their quote.

The disconnect support assemblies shall be fully capable, equipped as described in Section 3.0 below, and ready for all intended uses upon delivery and assembly.

The disconnect support assemblies shall not be modified to meet the functional and performance requirements of this specification, other than the addition of optional items. If any modifications are required to the structures as shown to meet the functional purposes of this contract, the contractor is to immediately notify the Contracting Officer (KO).

The disconnect support assembly system shall be constructed of all new materials exhibiting no excessive corrosion. No used, returned, or excessively corroded components will be accepted as a part of this fabrication.

All submittals designated for government approval will be designated as approved or disapproved. The contractor shall not proceed with the scope of work the submittal pertains to until receiving a fully approved submittal. Submittals shall be submitted a minimum of 15 days in advance of procurement to allow time for government review.

All fasteners and anchors supplied under this contract shall be Hot Dipped Galvanized meeting the salient requirements set forth below. The quantities of fasteners to be supplied can be found in the contract drawings.

3.0 DISCONNECT SUPPORTS AND JACK ASSEMBLIES

The critical defining elements for fabrication of the disconnect support assemblies include:

3.1 Materials

The contractor shall provide ASTM A572/A572M, grade 50 for all structural steel unless otherwise specified.

The contractor shall provide materials meetings ASTM A992/A992M for all wide flange members.

The contractor shall provide materials meeting ASTM A500/A500M, grade C (50 KSI minimum yield strength) for all hollow structural steel (HSS) members.

All fasteners supplied under this contract shall conform to ASTM F3125/F3125M Grade A325, Type

1.

All washers supplied under this contract shall conform to ASTM F436/F436M, Type 1.

All Nuts supplied under this contract shall conform to ASTM A563, Grade A.

All expansion type anchors supplied under this contract shall be hod dipped galvanized and be approved by the ICC-ES for use in concrete.

The contractor shall provide and install galvanized vent hole plugs as a part of this contract. All vent hole plugs shall be constructure of zinc and installed in a way they do not protrude from the surface in which they are installed. The contractor shall only install the galvanized vent hole plugs after the final

Hot Dipped Galvanized coating has been applied.

Material must be straight before being laid off or worked. If necessary, straighten by methods that will not impair the metal. Sharp kinks or bends are cause for rejection of the material. Make bends by approved dies, press brakes or bending rolls. Finished members must be free of twists, bends, and open joints.

3.2 Fabrication

All welding performed under this contract shall be performed in accordance with AWS D1.1/D1.1M.

All welding electrodes used for welding on this contract shall be rated for 70 KSI and shall be used in accordance with all manufactures written directions.

All welding shall be performed by welders qualified in accordance with AWS D1.1/ D1.1M. The contractor shall submit welder qualifications to the Contracting Officer’s Representative before any fabrication is to begin. Submit a log for each welder showing that he/she is current in the process and procedures being proposed for this work if applicable.

The contractor shall submit for government approval the Welding Procedure Qualifications (WPS), with supporting procedure qualification records (PQR) and all supporting test documentation on forms similar or equivalent to the sample formed found in AWS D1.1/ D1.1M even if the procedure is considered prequalified.

All steel components fabricated under this contract, except for the temporary jacking assembly as shown on detail B9 of sheet S-101 of the contract drawings, shall be hot dipped galvanized in accordance with ASTMA123/A123M unless otherwise noted. The contractor shall only install the galvanized vent hole plugs after the final Hot Dipped Galvanized coating has been applied.

The contractor shall only fill the holes created to aid in the galvanizing process; the contract specified weep holes are to remain unplugged.

The contractor shall repair any damaged coated surfaces with a galvanizing repair method conforming to ASTM A780/A780M.

For dimensions less than 2 feet, measurements shall be within +/- 1/16 inch of dimensions shown on the drawing. For dimensions greater than or equal to two feet and up to 8 feet, dimensions shall be within +/- 1/8 inch of dimensions shown on the drawing. For dimensions greater than or equal to 8 feet, dimensions shall be within +/- 1/4 inch of dimensions shown on the drawing.

After welded joints have been satisfactorily completed by the Contractor and accepted by the Government, clean the joint area to a bright, unpitted, and unscarred surface and protect in accordance with the applicable coating as described in this contract.

Break all cut edges and corners with 1/16-inch radius to eliminate sharp edges.

3.3 Contractor Inspection

The contractor shall provide a third-party non-destructive examination (NDE) representative that meets the requirements set forth in specification section 5.1.4 Inspector qualifications.

The contractor shall clean and visually inspect one hundred (100) percent of completed welds to ensure compliance with AWS D1.1/D1.1M.

The contractor shall inspect one hundred (100) percent of all fillet and partial penetration welds by the magnetic particular (MT) or liquid penetrant testing method in accordance with ASTM E709 or ASMT E165/165M to ensure compliance with AWS D1.1/D1.1M. Any defects identified either through visual, magnetic particle, or dye penetrant inspection will require the entire weld to be repaired in accordance with AWS D1.1/D1.1M and retested at the contractor’s expense.

The contractor shall maintain an approved inspection system and perform required inspections. Submit Test and Inspection Report(s) for each weld examination. Document nonconformances in writing and submit a Nonconformance Reports documenting any deviation from the QCP, approved shop drawings, code, Work Plan and/or specifications. The cost of all repairs resulting from contractor quality deficiencies are borne entirely by the contractor.

3.4 Government Inspection

The Government intends to conduct the following inspections: 1. Fabrication Inspection, 2. Control Dimension Verification Inspection, and 3. Pre-Galvanization Inspection. The contractor is to provide the government the timeframe in which the fabricated structures are estimated to be fifty (50) percent complete for the fabrication inspection, and the estimated timeframe in which the fabricated structures are completed for the pre-galvanizing inspection. The pre-galvanizing inspection can coincide with the shop control dimension verification inspection as stated in specification section 5.1.3. The contractor is to provide weekly updates to this schedule.

The contractor shall allow government personnel access to conduct quality assurance inspections at any time.

When doubt exists as to the soundness of any material part; such part may be subjected to any form of nondestructive testing that will thoroughly investigate the part in question as determined by the Government. Any defects may be cause for rejection and rejected parts are required to be replaced and retested at the Contractor's expense.

When the soundness of any weld is suspected of being deficient, due to faulty welding or stresses that might occur during shipment or erection, the Government reserves the right to perform nondestructive supplemental examinations before final acceptance. The cost of such inspection will be borne by the Government if welds pass the nondestructive inspections. If welds are found to be defective, Contractor must repair the defective work. Retest repaired defective work by the same test method that located the defect and recoat that area meeting all requirements set forth in specification section 3.2.

All costs associated with these repairs will be borne by the contractor.

Final acceptance of all welded joints and the entire fabrication will be by the Government.

4.0 Warranty

The disconnect support assemblies shall be covered by a minimum one-year warranty on all parts, labor, and workmanship from factory defects. All warranty work will be done without delivery or shipment fees (including travel or on-site work). All parts and components covered by a manufacturer’s warranty greater than one (1) year shall prevail.

5.0 SUBMITTALS

5.1 Post-Award Submittals

The offeror shall submit the following items for government approval in the timeframes listed below after the award of contract:

5.1.1 Shop Drawings

o Prior to performing any fabrication of structures submit detailed shop drawings to the KO and

Engineer of Record for approval. Show complete details of materials, tolerances, connections, and proposed welding sequences on shop drawings. Include catalog cuts, templates, fabrication and assembly details, type, grade, and class of materials, as appropriate on shop drawings.

o Provide a table containing a list of all members and a reference to each material certificate and test report that applies to that member.

o Elements of fabricated items inadvertently omitted on contract drawings are to be returned to the Engineer of Record for detailing or be detailed by the fabricator and so indicated on the shop drawings. Cloud all details developed by the fabricator on the shop drawings for separate approval by the Engineer of Record.

5.1.2 Handling Plan

o The contractor shall submit a Handling Plan for approval. Take care while lifting the transformer assembly from horizontal position to vertical position. Include details, diagrams and/or drawings that identify the plan for lifting the transformer disconnect support structure from a horizontal to a vertical position (if applicable). Include the locations, method of lift and all attachments to the transformer disconnect support structures in handling plan. Do not weld any devices for lifting to the assemblies. All handling of the assemblies shall be done by means of slings and spreader beams.

5.1.3 Test Reports/Shop Control Dimensions

o After fabrication of each structure, record and submit control dimensions report of the actual fabricated dimensions, for each transformer disconnect support structure. Verify all pieces meet tolerances stated within these specifications and drawings. The control dimensions are required to be witnessed by a government representative. The control dimension verification can take place at the same time as the pre-galvanizing inspection. Perform a fit-up test of each assembly in the shop to ensure proper alignment. Match mark assembly components such that each component can be correctly matched to the corresponding assembly in the field. Provide at least 14 calendar days’ notice to the Government prior to the control dimensions and fit up tests.

5.1.4 Inspector Qualifications

o All weld inspectors, performing weld inspection in accordance with these specifications, must be currently qualified and certified in conformance with AWS QC1. The Contractor must provide an AWS Certified Welding Inspector (CWI) as the primary point of contact for quality control of welding. When several CWI and NDT technicians are working, one primary individual must be designated as having primary responsibility for all quality control in accordance with AWS D1.1/D1.1M and this specification. Non-certified inspectors and certified associate weld inspectors (CAWI) must not be used for inspection under these specifications.

o The contractor shall Submit level II qualification / certification documentation on all inspectors that are to be working under this contract. The inspector must be third party.

5.1.5 Welder qualifications, per section 3.2

5.1.6 Welding procedure, per section 3.2

5.1.7 Contractor Quality Assurance Inspection System, per section 3.3

5.1.8 Test and Inspection Report(s), per section 3.3

5.1.9 Weekly schedule, per section 3.4

5.2 As-built Drawings and Testing Reports

The Contractor shall provide one (1) complete digital copy in PDF format of all as-built shop drawings, testing reports and warrant in the following order:

Shop Drawings Material Test Reports NDE Examination Reports Complete warranty information

In addition, the Contractor shall supply all shop drawings individually in PDF format and their native file format. All files shall be sent to the KO via email or other authorized file transfer method. The Government developed the contract drawings using Autodesk Inventor. Those files are available to the Contractor upon request after award.

6.0 SECURITY REQUIREMENTS

6.1 General security requirements and guidance: The security requirements described below apply to all contract personnel (including employees of the prime Contractor (“Contractor”) and all subcontractor employees) supporting the performance requirements of this contract. The Contractor is responsible for compliance with these security requirements. Questions regarding security matters shall be addressed to the designated Government representative (e.g., Contracting Officer Representative (COR), Requiring Activity (RA) representative, or Contracting Officer (if a COR or other RA representative is not appointed)). Contract personnel are critical to the overall security and safety of US Army Corps of Engineers (USACE) installations, facilities and activities, and security awareness training contributes to those efforts. The Department of Defense (DoD) and Army security training requirements specified below, if applicable, are performance requirements;

all applicable contract personnel shall complete initial training within 30 days of contract award or the date new contract personnel begin performance on the contract. Within five business days from the completion of training, the Contractor shall provide written documentation (e.g., email or memorandum) to the Government representative. The documentation shall include the names of contract personnel trained and which training they completed; the Contractor shall maintain training records as part of their contract files and be prepared to provide copies of training certificates to the Government representative. Contractor personnel and vehicles are subject to search when entering federal installations. Additionally, all contract personnel shall comply with Force Protection Condition (FPCON) measures, Random Antiterrorism Measures (commonly referred to as “RAMs”), and Health Protection Condition (HPCON) measures. The Contractor is responsible for meeting performance requirements during elevated FPCON and/or HPCON levels in accordance with applicable RA plans and procedures—this includes identifying mission essential and non-mission essential personnel. In addition to the changes otherwise authorized by the changes clause of this contract, should the FPCON or HPCON levels at any individual facility or installation change, the Government may implement security changes that affect contract personnel. The Contractor shall ensure all contract personnel are aware of their security responsibilities, including any site-specific requirements identified in local policies or procedures.

6.2 Physical security and access control requirements: All contract personnel requiring physical access to a federal installation or facility shall comply with the access control procedures of that location. Contract personnel requiring unescorted access to meet contract performance requirements on a DoD installation in the US shall be vetted by the installation/facility Provost Marshal/Directorate of Emergency Services/Security Office using the National Crime Information Center-Interstate Identification Index (commonly referred to as “NCIC-III”) and Terrorist Screening Database (commonly referred to as “TSDB”). Contract personnel shall comply with all personal identity verification requirements specified in installation/facility policies and procedures. Contract personnel who do not meet requirements for unescorted access to USACE facilities shall coordinate escorted access with the Government representative, as needed. Contract personnel who receive keys, access cards, or lock combinations that provide access to government-owned property shall comply with key and lock control procedures of the RA.

6.3 Pre-screen candidates using E-Verify Program: Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

7.0 SHIPMENT, DELIVERY, AND PRODUCT ORIENTATION

All items shall be delivered FOB to Dworshak Project on or before August 30th, 2024. The components are to be shipped disassembled in a manner that will prevent distortion during shipment and offloading processes. The Contractor shall be responsible for packing and shipping the components in a manner that will ensure undamaged and complete arrival to Dworshak Project. Deliveries shall only be conducted during normal Dworshak Project business hours, Monday–Thursday 7:30 a.m. – 4:30 p.m., excluding federal holidays. Notify the Government of delivery seven (7) days prior to shipment by providing the date & estimated time of arrival.

All shipments shall be delivered to:

USACE Dworshak Project Attn: Contract Performance Specialist 1428 Northfork Drive Ahsahka, ID 83520

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Origin Government Destination Government 0002 Origin Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 30-AUG-2024 1 DWORSHAK PROJECT

JESSICA KING

DWORSHAK DAM POWERHOUSE 1428

NORTHFORK DRIVE

AHSAHKA ID 83520-0048

208-476-1296

960201

0002 30-AUG-2024 1 (SAME AS PREVIOUS LOCATION)

960201

52.242-17 Government Delay Of Work APR 1984

CLAUSES INCORPORATED BY FULL TEXT

52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

CLIN Delviery Must Occur By:

0001 August 30, 2024 0002 August 30, 2024

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

Within Days

After Date

Item No. Quantity of Contract

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of clause)

Section I - Contract Clauses

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.211-5 Material Requirements AUG 2000 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.232-23 Assignment Of Claims MAY 2014 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.242-2 Production Progress Reports APR 1991 52.243-1 Changes--Fixed Price AUG 1987 52.249-1 Termination For Convenience Of The Government (Fixed

Price) (Short Form)

APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7002 Payment For Contract Line or Subline Items Not Separately

Priced

APR 2020

252.204-7003 Control Of Government Personnel Work Product APR 1992 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

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.204-7022 Expediting Contract Closeout MAY 2021 252.225-7036 Buy American--Free Trade Agreements--Balance of

Payments Program--Basic

NOV 2023

252.225-7036 Alt I Buy American--Free Trade Agreements--Balance of Payments Program (NOV 2023) Alternate I

NOV 2023

252.225-7048 Export-Controlled Items JUN 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime

JAN 2023

252.227-7013 Rights in Technical Data--Other Than Commercial Products and Commercial Services

MAR 2023

252.227-7016 Rights in Bid or Proposal Information JAN 2023 252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7037 Validation of Restrictive Markings on Technical Data JAN 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES) (DEC 2023)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(ii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).

(iii) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(iv) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L.

117-328), unless the agency grants an exception--see paragraph (b) of 52.204-27.

(v) 52.204-30, Federal Acquisition Supply Chain Security Act Orders--Prohibition. (DEC 2023) (Pub. L. 115-390, title II).

(vi) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(viii) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

(ix) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(x) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(xi) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(xii) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77 and 108-78 (19 U.S.C.

3805 note)).

(2) Listed below are additional clauses that apply:

(i) 52.232-1, Payments (APR 1984).

(ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).

(iii) 52.232-11, Extras (APR 1984).

(iv) 52.232-25, Prompt Payment (JAN 2017).

(v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013).

(vi) 52.233-1, Disputes (MAY 2014).

(vii) 52.244-6, Subcontracts for Commercial Products and Commercial Services (DEC 2023).

(viii) 52.253-1, Computer Generated Forms (JAN 1991).

(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:

(1) The clauses listed below implement provisions of law or Executive order:

(i) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community--see FAR 3.900(a).

(ii) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-

282) (31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).

(iii) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (NOV 2023) (E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold, as defined in 2.101 on the date of award of this contract).

(iv) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment (JUN 2020) (41 U.S.C. chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).

(v) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(vi) 52.222-36, Equal Employment for Workers with Disabilities (JUN 2020) (29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)

(vii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).

(viii) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S.

Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).

(ix)(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).

(B) Alternate I (MAR 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).

(x) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.))).

(xi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))

(xii) 52.223-5, Pollution Prevention and Right-to-Know Information (MAY 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(xiii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).

(xiv) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).

(xv) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR ® Program or Federal Energy Management Program (FEMP) will be--

(A) Delivered;

(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;

(C) Furnished by the Contractor for use by the Government; or

(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).

(xvi) 52.223-20, Aerosols (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).

(xvii) 52.223-21, Foams (Jun 2016) (E.O. 13693) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent;

or contracts for construction of buildings or facilities.

(xviii) (A) 52.225-1, Buy American--Supplies (OCT 2022) (41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in 2.101 on the date of award of this contract, and the acquisition--

(1) Is set aside for small business concerns; or

(2) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $50,000).

(B) Alternate I (OCT 2022) (Applies if the Contracting Officer has filled in the domestic content threshold below, which will apply to the entire contract period of performance. Substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of domestic end product in paragraph (a) of 52.225-1:

(A) The cost of its components mined, produced, or manufactured in the United States exceeds percent of the cost of all its components. [Contracting officer to insert the percentage per instructions at 13.302-5(d)(4).])

(xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).

(xx) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (OCT 2018) (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information.)

(xxi) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (JUL 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.)

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305) (Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).)

(2) Listed below are additional clauses that may apply:

(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.)

(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).

(iii) 52.211-17, Delivery of Excess Quantities (SEP 1989) (Applies to fixed-price supplies).

(iv) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).

(v) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).

(c) FAR 52.252-2, Clauses Incorporated by Reference (FEB 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

(Insert one or more Internet addresses)

(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights--

(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination.

The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.

(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (DEVIATION 2024-O0002) (JAN 2024)

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

Service-disabled veteran-owned small business (SDVOSB) concern-

(1) Means a small business concern-

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

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

(iii) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128.

(2) Service-disabled veteran, as used in this definition, means a veteran, as defined in 38 U.S.C.101(2), with a disability that is service-connected, as defined in 38 U.S.C.101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the SDVOSB Program, means an SDVOSB concern that either—

(1) Effective January 1, 2024, is designated in the SBA Veteran Certification Small Business (VetCert) database at https://veterans.certify.sba.gov as certified by SBA in accordance with 13 CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submitted a complete application for certification to SBA via SBA’s VetCert database at https://veterans.certify.sba.gov on or before December 31, 2023.

Service-Disabled Veteran-Owned Small Business (SDVOSB) Program means a program that authorizes contracting officers to limit competition, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisition, that—

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

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

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

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

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

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

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

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

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

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

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

(b) (1) The North American Industry Classification System (NAICS) code for this acquisition is [insert NAICS code].

(2) The small business size standard is [insert size standard].

(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 (i.e., nonmanufacturer), is 500 employees 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.

(c) Representations.

(1) The offeror represents as part of its offer that—

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

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

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

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

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

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

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

(7) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it ___ is, ___ is not a service-disabled veteran-owned small business concern.

(8) Service-disabled veteran-owned small business (SDVOSB) joint venture eligible under the SDVOSB Program.

[Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] It ___ is, ___ is not a service-disabled veteran-owned joint venture that complies with the requirements of 13 CFR 128.402. [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: ___ .]

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

(i) It ___ is, ___ is not a HUBZone small business concern listed, on…